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State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)

.... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......nt. Sheikder Mokbul Haque, Advocate, instructed by Taufique Hossain, Advocate-on-record—For Respondent. Khurshid Alam Khan, Advocate, with leave of the Court—For Anti-Corruption Commission. Criminal Appeal No.22 of 2004. (From the judgment and order dated 2nd of July,..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26

Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)

.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ..

Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24

Ekramul Hossain (Md.) and others Vs. Chairman, First Labour Court, Dhaka and others, 2013, 42 CLC (HCD)

....y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 313 ...... The Rule is made absolute. Bangladesh Labour Law Act (XLII of 2006) Sections 202(21) & Sections 317(4) Power Invested to Labour Court— There is a Distinction between the Election of a Collective Bargaining Agent and Election for the Office Bearers of a Trade Union&mdash......y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 313 ..

Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

....ustry. He also deposed that the Account Section of aforesaid two organizations are being guided by two separate account heads. He further deposed that the Secretary of the Ministry of Industry is the Chief of the Accounts Section and the convict-appellant withdraw his pay as Secretary from the BCIC ......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......bundant caution….(10-12) Case Referred to- R. Vs. Panel on Takeovers and Mergers, (1987) QB 815; Zakir Hossain Vs. Bangladesh, 55 DLR 130, Farzana Moazzem Vs. Securities and Exchange Commission, 54 DLR 66; Conferee Ltd. Vs. Titus Gas Transmission and Distribution Co. Ltd., 42 DLR 33..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)

....ssed by learned Metropolitan Sessions Judge, Chittagong in Sessions CaseNo.2054 of 2011. The said sessions case arose out of a petition of complaint filed by respondent No.2 as complainant before the Chief Metropolitan Magistrate, Chittagong, alleging the commission of an offence punishable under se......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed.  Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204.   ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed.  Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204.   ..

Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5

State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......ssion on 11-10-1995 and, thereafter, went to the Police Station but the Officer of the Police Station declined to record the First Information Report (FIR). A memorandum was handed over to the Deputy Commissioner and the Superintendent of Police'. Ultimately on 24-10-1995 the police accepted the..

Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7

Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)

....allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ......allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ......inis­trative Tribunal, Dhaka in Administrative Tribunal Case No. 203 of 1992. 4. Background of the Administrative Tribunal Case No. 203 of 1992 was that the Bangladesh Public Service (First) Commission through its notification 4 dated 23-6-1972 pub­lished in the Official Gazette dated 6..

Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ......lam, Deputy Attorney-General with, Md. Abdul Bari, Assistant Attorney-General and Mahmuda Parveen, AAG—For the State-Respondent No.1. Harunur Rashid, Advocate—For the Anti-Corruption Commission-Added Respondent No. 2. Criminal Appeal No. 3735 of 2010. Judgment Moyeenu..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....ny Acts of the Parliament as ultra vires. This Court has every authority to review every decision of the State under its authority of 'judicial review'. It began with the fourth Supreme Court Chief justice of the United States of America, (1803) John Marshall, who created a legacy that has e......t respect to his lordships view, I would like to pass my own opinion as hereunder. 286. The facts necessary for disposal of the Rule, as has been stated by the petitioners, in brief, is that the Election Commission (hereinafter referred to as the EC) with a view to hold General Election for con...... to his lordships view, I would like to pass my own opinion as hereunder. 286. The facts necessary for disposal of the Rule, as has been stated by the petitioners, in brief, is that the Election Commission (hereinafter referred to as the EC) with a view to hold General Election for constitution..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ...... not be declared to have been given without lawful authority and is of no legal effect. 2. Facts leading to this Rule (as transpired from the writ petition), in brief, are as hereunder: The Election Commission (hereinafter referred to as "the Commission"), in order to hold a free......eclared to have been given without lawful authority and is of no legal effect. 2. Facts leading to this Rule (as transpired from the writ petition), in brief, are as hereunder: The Election Commission (hereinafter referred to as "the Commission"), in order to hold a free, fair an..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)

...., Narayangonj, should not be quashed. 2. Facts, relevant for disposal of the Rule, in brief, are that one Akhil Chardra Basak as complainant filed a petition of complaint in the Court of learned Chief Judicial Magistrate, Narayangonj on 20.10.2008 stating, inter alia, that the complainant enter...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140

Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)

....ions are that respondent No.2 as complainant (here­inafter referred to as the complainant) filed the Complaint Register Case (CR Case) Nos.4131 of 2008 (South) and 4334 of 2008 (South) before the Chief Metropolitan Magistrate, Dhaka complain­ing the commission of an offence punishable under ......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ..

Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8

Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)

.... of 2008 making the Rule absolute. 2. Facts giving rise to this appeal are that the appellant as complainant (hereinafter referred to as the complainant) filed a petition of complaint before the Chief Magistrate, Rajshahi being CR Case No.218 of 2007 against respondent No.1, Md. Kamal Hossain (......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180.   ......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180.   ..

Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9

Shahnaz Parveen and others Vs. Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare Dhaka and others, 2013, 42 CLC (HCD)

....ners prayed for fix­ing their salary at a higher scale (with time scale) taking into account of their continuity of services in the development project as per Rule 6 of the 2005 Rules. The Deputy Chief Accounts Officer, Ministry of Health and Family Welfare however informed the petitioners' ......e benefits to the petitioners counting their service period in the development project. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 157 ......e benefits to the petitioners counting their service period in the development project. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 157 ..

Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3

Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)

....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3

Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)

....was not in any way connected with the alleged offence; that he had an affair with the victim and married her on 3rd March, 2012 and that after knowing about the case, he tried to surrender before the Chief Judicial Magistrate but he could not enter into the court premises due to the resistance and t......h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..

Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3

Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)

....bsp;     2. The prosecution case, in brief, is that on 9-9-2004 the complainant-appellant filed a peti­tion of complaint being CR Case No.3783 of 2004 before the Court of Chief Metropolitan Magistrate, Dhaka alleging, inter alia, that the accused-respondent on 18-7-2004 ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ..

Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10

Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)

....acts necessary for disposal of this petition are that respondent No.2, Md. Shamsul Alam as complainant (hereinafter referred to as the complainant) filed a petition of complaint before the Additional Chief Metropolitan Magistrate, Chittagong, under section 138 of the Negotiable Instruments Act, 1881......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ..

Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14

Taposh Malaker Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others, 2013, 42 CLC (AD)

....made on proper appreciation of law and facts do not call for interference. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 1. ......r filed Writ Petition No.10044 of 2010 before the High Court Division challenging Order No.2 dated 22-12-2010 passed by respondent No.2, Deputy Commissioner, Bogra and Appellate Authority, Pourashava Election-10, Bogra dismissing the appeal and affirming the order dated 15-12-2010 passed by responde......re: The leave petitioner as the writ-peti­tioner filed Writ Petition No.10044 of 2010 before the High Court Division challenging Order No.2 dated 22-12-2010 passed by respondent No.2, Deputy Commissioner, Bogra and Appellate Authority, Pourashava Election-10, Bogra dismissing the appeal and..

Category: Election Law | Date: 7 May, 2013 | Hits: 6