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Abul Bashar Chowkidar Vs. Abdul Mannan @ Khademul Islam and others, 2014, 43 CLC (AD)

....leave to appeal is disposed of. Code of Criminal Procedure (V of 1898); Section 173(1) & 173(3B) Whether or not the investigation done in any case subsequent to the submis­sion of a charge-sheet after the initial investiga­tion is completed, is the result of a "re-investig......ence is found against him/her/them. With the above observations, this criminal petition for leave to appeal is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 286. ..

Category: Criminal Law, Procedural Law | Date: 11 Sep, 2014 | Hits: 34

Chowdhury Mia and oth¬ers Vs. Superintendent, Primary Teacher Institution and others, 2014, 43 CLC (HCD)

....it is submitted on reference to the records that when dismantle was done violator was not in knowledge about pendency of the pro­ceeding before the High Court Division. We exon­erate her from charge but we are directing defen­dant to restore possession of the plaintiffs within 30 days fr...... Rule No.364(R) of 2007 (Violation) is dis­posed of. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 42. ..

Category: Limitation Law, Property Law | Date: 4 Sep, 2014 | Hits: 6

Subarna Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....d that the Assessee-applicant being the export oriented company has obtained order from the foreign buyer and upon that it has made some of the job done by the other garment factory and paid the C.M. charge, which not being a sub-contract, the First Appellate Authority correctly considered the matte......answered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 3 Sep, 2014 | Hits: 1

Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)

....lip;.........Petitioner Vs. State & another…………………..Opposite-Parties Judgment August 13, 2014 Result: The Rule is discharged. Case Referred to- State Vs. Iqbal Hossain, 48 DLR (AD) 100; Khurshid Alam Vs. Azi...... Judge. Schedule appended to the Criminal Law Amendment Act, 1958 prescribes as follows: (a) Offences punishable under section 161 to 166,168, 217 and 218 of the Penal Code and as attempts, abetments and conspiracies in relation thereto or connected therewith. (b) Offences punishable ..

Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8

Haji Mohammad Ali vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

.... to transfer such right, title or interest, the liability of the transfer to pay tax under this Ordinance or the Income-tax Act, 1922 (XI of 1922), or the Gift-tax Act, 1963 (XIV of 1963), shall be a charge on the property so transferred and all the provisions of Chapter XVI shall apply for recovery......e answered in negative and in favour of the Assessee-applicant. However, there shall be no order as costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0

State Vs. Robin, 2014, 43 CLC (AD)

....ice Station case No.9 dated 26-4-2004 under section 9(3) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 was started against the respondent and others. 3. After investigation, the police submitted charge-sheet, being No.33 dated 30-6-2004,   against all the FIR named accused under secti...... with law. The accused respondent Robin be enlarged on bail to the satisfaction of the trial Court till conclusion of the trial. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 272. ..

Category: Criminal Law, Women and Children | Date: 24 Jul, 2014 | Hits: 16

Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)

....ngladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others................Respondents Judgment June 18, 2014. Result: The Rule is discharged. The Public Gambling Act, 1867 (Act No. II of 1867); section 3 The Penal Code, 186...... given is hereby vacated. Communicate copies of this judgment to the respondents at once. Md. Badruzzaman J.- I agree. Ed.66 This Case is also Reported in: DLR (2014) (HCD) 380 ..

Category: Others | Date: 28 Jun, 2014 | Hits: 91

Mahabur Sheikh alias Mahabur Vs. State, represented by the Deputy Commissioner, Narail, 2014, 43 CLC (HCD)

....ohagara PS Case No. 16 dated 24-9-2003 was started under section 11(ka) of the Nari-o-Shishu Nirjatan Daman Act, 2000 against the accused petitioner only. 3. After investigation police submitted charge sheet being charge sheet No. 184 dated 17-12-2003 against the accused Mahabur Sheikh under se......n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 54. ..

Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15

State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)

.... CrPC) to this Court. The reference has been numbered as Death Reference No.133 of 2008. 2. The learned Sessions Judge, Rajshahi found the condemned-prisoner namely, Md. Sajjad Ali guilty of the charge under section 302 of the Penal Code and convicted and sentenced him thereunder to death in Se......nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15

Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)

....SM Abdul Mobin, learned counsel appearing for the petitioners submits that the High Court Division has committed an error of law in not interfering with the proceeding in failing to consider that the charge of misappro­priation of money cannot be sustained against the petitioner on the basis of ......se of the peti­tioner. We find no merit in the contention of the learned counsel. The petition is accordingly dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4

Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....udge and Senior Special Judge, Narayanganj where the case was registered as Special Case No. 6 of 2008 and the cognizance was also taken by the Senior Special Judge, Narayanganj. 5. On 14-7-2008 charge under section 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Ac......d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114   ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8

Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)

..../commodities of the said Fakirgonj Food Godown worth Taka 21, 61,200.79. A departmental proceeding under Government Servants (Discipline and Appeal) Rules, 1985 was started against the petitioner and charges of misconduct, corruption and inefficiency were framed against him. The petitioner submitted...... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251           ..

Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4

State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)

....wrance and that the said dispute could not have been resolved despite his brother's eagerness to settle the difference. The Dhruta Bichar Tribunal No.1, Dhaka, which got the case for trial framed charge under sections 302/12OB/34 and 307 of the Penal Code against the respondents Abdul Quader @ M......; or Thirdly- 'Intentionally aides, by any act or Illegal omission the doing of that thing". 18. So before insertion of section 120A and 120B, criminal conspiracy was an offence of abetment. Section 120A provides an extended defini­tion of criminal conspiracy covering acts whi..

Category: Criminal Law | Date: 14 May, 2014 | Hits: 16

Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)

.... Nari-o-Shishu Nirjatan Daman Ain, 2000 must go the local police station to lodge the First Information Report in the first phose and if the com­plainant has been refused by the police/officer-in-charge to receive such FIR in that case the complainant can file her case in the Tribunal provided t...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the con­cerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ..

Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5

State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)

.... 6. After lodging of the FIR, the said Commis­sion on 3-12-2007 gave responsibility of investiga­tion to the Assistant Director of the said Commis­sion, who after investigation submitted charge sheet on 15-6-2008 with the Court of Chief Metropolitan Magistrate, Dhaka against the respond......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ..

Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8

Director General, Bangladesh Standards and Testing Institution Vs. Matiur Rahman and others, 2014, 43 CLC (AD)

....ears junior to the writ-petitioner, was promoted to the post of Deputy Director (Electricity), Physical Testing Wing, by superseding the writ-petitioner. On 19-5-2009, BSTI authority gave the overall charge of Director (Physical) to the Deputy Director (Textile), Physical Testing Wing. The writ-peti......ion in that respect. In view of the above, we find no merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 138. ..

Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7

Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)

....Procedure, this principle is laid down in the case reported in 53 DLR (AD) 12, 24 BLD (AD) 223. 44.  The submission of the learned Advocate for the respondent is that lessee shall not sell, charge, mortgage, exchange, the suit property without prior permission from Rajuk lessor; the power ......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ..

Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6

Parul Nath and others Vs. State, 2014, 43 CLC (AD)

....on with a case under the Act, 1974 or alamots of a case under the Act, 1974, shall be disposed of in case of conclusion of a trial or in a case which ends with the acceptance of a final report and discharge of the accused. However, section 29 of the Act, 1974 has provided that the provi­sions of......urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ..

Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8

হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)

....ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in:   ......ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in:   ..

Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4

Ibrahim Vs. State, 2014, 43 CLC (HCD)

....ntial, credibility of testimony depends considerably on a judicial evaluation of the totality, not isolated scrutiny. When deal­ing with the serious question of guilt or inno­cence of persons charged with crime, the fol­lowing principles should be taken into consid­eration…&he......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ..

Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17