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....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.
......dgment
June 20, 2014.
Result:
The Petition is dismissed.
Fact to prove
Under section 106 of the Act when any fact is especially within the knowledge of any person the burden of proving that fact is upon him. This principle has been applied in many cases wh..
Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....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 ......ent to Idris Ali, Member (P.W.3). Thereafter, they went out and tried to find out Shuvon. On 7-8-2007, in the morning, the informant came to know that accused Md Sajjad Ali was talking to 5/6 unknown persons standing on the road. The informant had strong suspicion that accused Md. Sajjad Ali kidnapp..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)
....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 ...... 2. The case was initiated pursuant to an FIR lodged with the Golapgonj police station, Sylhet by an officer of the Durnity Daman Commission for misappropriation of Taka 4, 08, 37,973 against five persons who were then working-at Rupantorita Prakritik Gas Company Limited for producing Liquidified..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....n or Commissioner…....(58) In an inquiry against a person on an allegation of corruption, the commission or any other person on his behalf may ask the person to explain his position. Inquiry is generally taken place before the filing of the case. The very nature of the case did not ...... the Code…......(52) The Rule itself did not confer any right to the accused to explain his position before the the Commission or Commissioner…....(58) In an inquiry against a person on an allegation of corruption, the commission or any other person on his behalf may ask..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ......it Field for Declaration of Title— Plaintiff is not bound to institute a suit for declaration that the records of right of the suit land are wrong. When an invasion on the rights of a person is made on the basis of the wrong records of right he can file a suit for declaration of..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ...... credit facilities from Mercantile Bank Limited (respondent No. 5) vide sanction letter dated 6-5-2007. In this transaction as well, the petitioner stood guarantee for the said loan by executing personal guarantee. Russel Lodge obtained further credit facilities from Prime Finance and Investmen..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
......greement is the same, the parties are bound to refer the matter to arbitration and the Court would, therefore, stay the suit. In the case of AIR 1956 (All) 194 a Division Bench of Allahabad held if a person, who has been a party to an arbitration agreements, brings a suit ignoring that agreemen..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
....trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
...... but creating a Special Class of SAE. In the said Memo, the Manager/Diesel, Bangladesh Railpath, Parbotipur was asked to dispose of the matter according to law and also to realize the amount from the person concerned. On the basis of the said demand, the Executive Manager, Diesel, Railpath, Parbotip..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
....ative Tribunal. 5. We have gone through the decision of the Tribunal and other materials on record. It appears that the respondents brought charges of misconduct and corruption against Mr.Haque. Inquiry Officer holding inquiry submitted report wherefrom it transpires that the local Bar Associat......, 1985, that is, misconduct and corruption. It was stated in the charges that while performing the functions as Additional District and Sessions Judge Thakurgaon, he acquitted or enlarged the accused persons of bail in Session Case No.49 of 1999, Nari-o-Shishu Case No.13 of 1999, 63 of 1997, 14 of 1..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ...... Linkon and Md. Shafi. It also dismissed the appeal of Ataur Rahman without entering into merit of his appeal. State preferred two appeals against the order of acquittal of the above two accused persons and convict Ataur Rahman preferred another appeal against his conviction. 5. Leave was ..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) VS. The Commissioner of Taxes, 2014, 43 CLC (HCD)
.... Bangladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. Ed. This case is also Reported in: ...... trust has been provided in section 44(1) of the Ordinance which runs as follows:- “Notwithstanding anything contained in this Ordinance, any income or class of income or the income of any person or class of persons specified in Part A of the Sixth Schedule shall be exempted from the tax ..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ngladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. This Case is also Reported in: ...... trust has been provided in section 44(1) of the Ordinance which runs as follows:- “Notwithstanding anything contained in this Ordinance, any income or class of income or the income of any person or class of persons specified in Part A of the Sixth Schedule shall be exempted from the tax ..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
.... 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 ......hellip;……….Opposite-Party Judgment May 8, 2014. Result: The Rule is made absolute. Section 27 transpires that a person who has complaint under the provision of the Nari-o-Shishu Nirjatan Daman Ain, 2000 must go t..Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ...... gone through every single decision referred to us by the learned Assistant Attorney General. Nowhere is it said that the power under Section 4 may be exercised at will or on request by an interested person or on a DO letter issued by a dignitary having nothing to do with the affairs of the concerne..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....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.
...... He submits that the High Court Division acted illegally in giving direction upon BSTI to give promotion to the writ-petitioner in the post of Deputy Director, BSTI inasmuch as it did not compare the personal file performance, merit and other attending circumstances of both the writ-petitioner ..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ...... the property, (IX) the petitioner was allowed 15 days time to quit: so it is not a case of compelling the petitioner to vacate the premises without notice, notice meaning making something known to a person who was, or might have been, unaware of that scenario. 24. The High Court Division then ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....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 ......ow Rajuk, he has also submitted that the lease deed stipulates that all transfer of the property if not registered in the office of the lessor, the lessor will not be bound to recognize or accept any person as lessee of the property in place of transferor. In support of his submission he cited a cas..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....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. ......gh Court Division and obtained anticipatory bail and also submitted an application for return of the seized ornaments and money as well as other articles recovered from his shop. 46 (forty six) other persons as claimants also filed applications for returning of the seized alamots to them. ..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: ......নিম্নরূপ; Income Tax Ordinance 1984 Section 83(2). Assessment after hearing.- 1. ..................... 2. The Deputy Commissioner of Taxes shall, after hearing the person appearing, or considering the evidence produced in pursuance of the notice under sub-section ..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....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 ......ircumstantial, 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..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
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