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Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
.... either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge." 12. Out of the aforesaid settled principles laid down, the clause 5 is not applicable for quashing in the present pending criminal case. Keeping other four pri..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....2002 and that though the Ain of 2002 had already been repealed by the repealing Ordinance No. 2 of 2008 on 15-4-2008 and subsequently said Ordinance has been repealed by the Ain of 2009 with a saving clause in section 31(2) of the Ain; whereby pending cases and proceedings have been saved ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....mplaint or, where reference to the Tribunal was made at the motion of the Bar Council, direct that the proceedings be filed; or it may make an order imposing any of the penalties referred to in clause (1 ) of Article 32. (5) Where the Tribunal makes an order for the suspension of an..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the proposed panel. Since the petitioner had preference under rule 5 (3A) of the previous Rules and his application was pending, he accrued a right to get his application disposed of under the saving clause as provided in rule 41 (2) of the Rules, 2009 and without disposing of his previous applicati..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ncluding other abetments, conspiracies described in 120B, and attempts described in section 511, of the Penal Code, 1860 (XLV of 1860) related to or connected with the offences mentioned in clause (a) to (c) above.” 19. Schedule of the Anti-Corruption Commission Act, 2004 is rep..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....ayeeda Chowdhury and Dr. Mizanur Rahman during autopsies positively show that the criminal act was done with the intention of causing death of the victim Nasima thus attracting the ingredient of clause ‘firstly' so section 300 of the Penal Code. Under the circumstances, we have no hes..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....ea. The Port Authority, a statutory public authority exercises control over the cargo. The Port Authority as a statutory public authority is included within the definition of State, as per definition clause contained in Article 152 (1) of the Constitution. The Customs authority having control over t..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
....s 59 and 64 Company Rules, 2009; Rules 30 and 36 Confirmation of Reduction of Share Capital- The proposal for confirmation of reduction of share capital comes within the purview of the clause-(c) sub-section (1) of section 59 of the Act and this has been considered by the Court follow..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
.... board resolution dated 6-10-2011, whereby the petitioner has been removed, is totally ultra vires the power of respondent and the questioned resolution is liable to be cancelled as per provisions of clause a of sub-section (3) of section 233. The learned lawyer, then referring to paragraph No...Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....rging the functions of such an officer within the limits of his station. And pursuant to the provisions of sub-section (1) of section 3, a schedule has been appended to the Act, 1957 and in clause (c) of the schedule, section 409 of the Penal Code has clearly been mentioned (in the schedul..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....hin the given period of 30 days, the complainant is authorized by law to file a petition of complaint against the accused within next one month from the date on which the cause of action arises under clause (c) of the proviso to section 138 of the Act. He then submits that in the instant case, the n..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....nd no Court can grant such permission unless the entire debt can be realized by private alienation. This provision should be read subject to the provision of sub-rule (3) which is a non-obstante clause, which provides "Nothing in this rule shall be deemed to apply to a sale of property dir..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....e company. (2) Notwithstanding anything contained in sub-section (1), the further shares aforesaid may be offered to any person whether or not those person include its person referred to in clause (a) of that subsection in manner whatsoever. 18. Relevant portion of BRPD Circular ..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ment. 5. Therefore, BTRC on 18-6-2006 amended the Revalidated License Agreement vide Memo No.BTRC/Mobile/Sheba/2002-2143 by attaching an addenda to the Amendment Order thereby replacing the clauses relating to levy and Charges and Allocation of Frequencies. Further, BTRC vide letter No. BT..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
...., the order passed by Review Panel is bad in law and liable to be declared without lawful authority………..........(8) Prevalence of Loan Agreement over PPA The Proviso to clause (Gha) of Section 3(2) of PPA, 2006 provides that if any contradiction crops up between PPA, 2..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....quisite qualifications for the said post, (ii) Whenever a vacant post is created in the revenue budget, the LGED shall absorb/transfer an employee or officer from the development project mentioned in clause (1) to fill up that post in accordance with Rules of 1985 and the ECNEC'S decision dated ..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....alifications for the said post. (ii) Whenever a vacant post is created in the revenue budget, the LGED shall absorb/transfer an employee or officer from the development project mentioned in clause (1) to fill up that post in accordance with Rules of 1985 and the ECNEC's decision dated ..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5