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Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....stablished; (ii) those circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused; (iii) the circumstances taken cumulatively should form a chain no complete that there is no escape from the conclusion that crime was committed by the accused and els......ul Haque Vs. State, 6 BLD (AD) 216 = 38 DLR (AD) 75;Jaharlal Das Vs. State of Orissa, AIR 1991 (SC) 1388. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Appellants. (In all cases) Momtaz Uddin Fakir, Add..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
.... 2. Mr. HS Deb Brahman, the learned Advocate appearing on behalf of the petitioner submits that in view of rule 10 of the Anti-Corruption Commission Rules. 200 the Investigating Officer is to complete the investigation within the time frame as; has been prescribed in the said provision ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....on of the agreement as per agreement. 9. Equity does not give any special remedy to a party who has chosen not to perform his promise. Performance of one party's promise may have to be completed or tendered before he can sue on the other's reciprocal promise. No man can complain o......bility. In law, in contracts consisting of reciprocal promises, the promises on either side are considerations for one another. In bilateral contracts, the parties not only exchange promises but also bargain for an exchange of the promised performances. 12. Section 51 of the Contract Act enacts..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. 55. In view of the above provision of the Code of Criminal Procedure it is clear that when a complete procedure is provided in a special enactment for the purpose of inquiry, investigation and ......inuity of legislation from the Money Laundering Protirodh Ain of 2002 to Money Laundering Protirodh Ain, 2009 and, as such, the Ordinances in question and Money Laundering Protirodh Ain, 2009 have no bar in respect of inquiry, investigation and trial and there is no necessity for sanction of the Gov..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....e infructuous after expiry on 5-8-2011. In any case, however, because of this suit the company could not transact the adjourned agenda relating to election director in its 33rd AGM and because of not completeing the 33rd AGM the company could not call or a hold its 34th AGM. As such, because of the ......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... degree of error and whether prejudice has been or is likely to have been caused to the accused. The Court is required, to see, that no prejudice or injustice is caused to the accused. If there is complete lack of any reference to the adverse circumstances which form the basis of the conclusions...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....s Seniority Rules, 1983 particularly Rules 4 and 5, as directed by High Court Division. But due to filing of this contempt petition against the contemnors, the government could not proceed further to complete the implementation process. So there is no willful violation of the judgment and also ......right and to implement the judgment as per the directions and observations made therein and finding no other alternative filed the instant contempt petition against the contemnors as there is no bar to file a contempt petition by any of the parties of the writ petition for enforcement of the ju..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
....l of the suit for default for not taking step.
8. From the impugned judgment, it appears that the High Court Division set-aside the judgment and decree of the trial Court invoking the concept of complete justice which is available only to this Division under article 104 of the Constitution of t......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
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Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
....f determining the proportionality of the period of imprisonment comparing (sic) with the amount of fine, hence there are reasonable grounds for reconsidering this issue by this Court for doing complete justice under Article 104 of our Constitution in favour of the petitioner considering his ......mmuted by the Court of Appeal below be maintained and the recording of this volunteering by him as noted in the concluding paragraph of the judgment sought to be reviewed has put him to a great embarrassment to his client, namely, the complainant. Mr. Huq has also made specific submission i..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
....espect of determining the proportionality of the period of imprisonment comparing(sic) with the amount of fine, hence there are reasonable grounds for reconsidering this issue by this Court for doing complete justice under Article 104 of our Constitution in favour of the petitioner considering his s......t commuted by the Court of Appeal below be maintained and the recording of this volunteering by him as noted in the concluding paragraph of the judgment sought to be reviewed has put him to a great embarrassment to his client, namely, the complainant. Mr. Huq has also made specific submission in the..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....ull-time basis. In pursuance of the said letter of the Principal, the Director General, Directorate of Health and Family Welfare by Memo dated 16-3-2005 requested the Secretary, Ministry of Health to complete the appointment procedures in respect of 24 posts on urgent basis. 22. In view of the ......wyers Involved: MK Rahman, Additional Attorney-General, instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Appellant. SM Rezaul Karim, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondents. Civil Appeal No.12 of 2010 (From..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....sion Rules 2007 (“the ACC Rules”) in relation to the enquiry in the wealth of the petitioner. 14. Rule 7(1) of the ACC Rules provides that the officer in charge of the inquiry shall complete the inquiry within 15 working days and submit report hereon. However, no inquiry report was...... wealth statement. 17. Rule 7(5) of the ACC Rules provides that if the inquiry cannot be completed even after proceeding under Rule 7(4), the matter shall come to the end, but there shall be no bar in lodging fresh complaint against the same offence and holding inquiry under such fresh complai..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. 55. In view of the above provision of the Code of Criminal Procedure it is clear that when a complete procedure is provided in a special enactment for the purpose of inquiry, investigation and ......nce the alleged offences were committed during the operation of the Ain of 2002, the punishment for the said offence as provided under Chapter IV of the said Ain be applicable. Therefore, there is no bar to hold trial of the petitioner under provisions of the Anti-Corruption Commission Act, 2004 for..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... students who were found eligible by the High Court Division for admission in the MBBS/BDS course in the Government Medical/Dental Colleges cannot be allowed to suffer more and we feel that complete justice will be done if we direct the writ-respondent-petitioners herein to make immediate ...... maintainable as the writ-petitioners were not personally aggrieved persons and the issues involved in the writ petitions also involved disputed question of facts adjudication of which could not be embarked upon in a summary proceeding under article 102 of the Constitution; the High Court Divis..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....r fee to RAJUK, gain tax, stamp duty, registration fee and all other charges and incidental costs and expenses and the execution and registration of the sale deed by defendant No.1 shall be completed within one year and that die balance amount of Taka 1,30,00,000 only will be received by d...... Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. (In Civil Petition No.2199 of 2011) Fida M Kamal, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Petitioner (In Civil Petition No.1671 of 2011) Rok..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....ll payment released shipping documents including House Bill of Lading. It is submitted that the petitioner having cleared L/C amount inclusive of freight and customs duty, taxes and other charges has complete ownership over the goods and the respondent No.7 as an instrumentality of the Customs Autho......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....Executive Engineer (R & H), Roads Division, Gopalgonj for constructing flexible pavement over Hatbaria-Golabaria Road, 9th Angsha and 10th Angsha. As per the said work order the respondent was to complete the work within 30 days from the date of the said work order. The Roads and High Ways Divis...................Respondent Judgment October 10, 2012. Result: The appeal is dismissed. Lawyers Involved: Abdus Salam Mondal, Deputy Attorney General instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Appellants. Munsurul Haque Chowdhury, Senior Advocate, ..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....provided that the enquiry, investigation of a case and the process of giving sanction to start a case under the Act, 1957, which were pending immediately before the repeal thereof, shall be completed by the Commission under the provisions of Ain, 2004. The language of sub-section (3) of se...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
...., that the 189th board resolution dated 26-5-2011 of the bank shall stand deleted, to the extent it has taken decision to increase the paid up capital through IPO and the appointment of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the c......nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s nothing but the cancellation of earlier assignment given to the petitioner vide letter dated 30-11-2008 without issuing notice upon the petitioner for such cancellation of assignment is nothing but complete denial of natural justice of the petitioner. 13. Moreover, he submits that the claim m......man 46 DLR (AD) 19; New Ideal Engineering and Works Vs. Bangladesh Shilpa Bank 42 DLR (AD) 221; Sheikh Abdus Sabur Vs. Returning Officer 41 DLR (AD) 30; Solicitor Vs. Syed Sanwar Ali 27 DLR (AD)16; Tabarak Ali Sikder Vs. Administration of Waqfs 45 DLR 70; Ali Ekabbar Vs. Bangladesh 47 DLR (AD) 394;1..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
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