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Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)

....cution of the accused and the Special Judge had no jurisdiction to take cognizance of the case and, as such, the trial was accordingly ab initio, invalid and liable to be quashed. But, eventually the Chief Commissioner of Bhopal passed an order for prosecution of the Tripathi. Thus he moved the writ......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ......secuted before a Court of Special Judge, Bhopal and convicted of offences under section 161 of the Indian Penal Code and section 5 of the Prevention of Corruption Act, 1947. On Appeal to the Judicial Commission of Bhopal the conviction and sentence of Tripathi was set-aside. The Judicial Commission ..

Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4

ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)

.... GR No.15 of 2007 under sections 26(2) and 27 of the Anti-Corruption Act, 2004, rule 15 Gha (5) of the Emergency Power Rules, 2007 read with section 109 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be declared to have been made without lawful au......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 ......High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Islam J ABM Mohiuddin Chowdhury.............Petitioner Vs. Anti-Corruption Commission and others...............Respondents Judgment      &nb..

Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4

Maku Rabi Das Vs. State, 2013, 42 CLC (AD)

.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ..

Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16

Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)

....74 of 2008, Writ Petition No. 7275 of 2008, Writ Petition No. 7276 of 2008, Writ Petition No. 7277 of 2008, Writ Petition No. 7278 of 2008 and Writ Petition No. 7336 of 2008 sent by his Lordship, the Chief Justice of Bangladesh for disposal are taken together for analogous hearing as the matter invo......e also kept in each writ petition, referred to above facil­itating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181   ......mis­sion and others……………Respondents Judgment March 14, 2013. Result: The Rules are discharged. Cases Referred to- Anti-Corruption Commission Vs. Sheikh Hasina Wazed, 60 DLR (AD) 172; Anti-Corruption Commis­sion Vs. Enayetur Ra..

Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4

Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

.... 2001 and writ-petitioner Nos.81-85 were appointed on 6th July, 2005 in the said third project. Thereafter, the Ministry of LGRD by its office order dated June 3, 2002 requested writ-respondent No.6, Chief Executive Officer, DCC (Dhaka City Corporation) to continue the activities of the said third p......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......ervice in Urban Areas Project" for December, 2008. Accordingly, DCC paid Taka 12 lacs for distribution amongst 300 employees on 29th September, 2008. Lastly, at its fourteenth General Meeting of Commissioners, DCC decided to send a request letter for transfer­ring the said project in the re..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17

State Vs. Romana Begum alias Noma, 2013, 42 CLC AD

....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ..

Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....n the said five as it did not include 28 items, it was an incomplete Frigate and those are shown as owner furnished equipment in the offer. A delegation from the South Korea visited and met the Neval Chief in the April, 1996 including members of the Deawoo Corporation, thereafter, some Officials of ......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ...... Mohammad Mehedi Hasan Chowdhury with Sheikh Fazle Noor Taposh and Mohammed Selim Hahangir, Advocates-For the petitioners (In all the cases). Md. Khurshid Alam Khan, Advocate-For Anti-Corruption Commission. K.M. Zahid Sarwar, Deputy Attorney General-For the State. Criminal Miscellaneo..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Badsha Mia Vs. State, 2013, 42 CLC (HCD)

....use as to why the proceedings of GR case No. 17 of 2007 corresponding to Boalmari PS case No.08 dated 15-2-2007 under section 420/406/109 of the Penal Code now pending in the Court of Addi­tional Chief Judicial Magistrate, Faridpur should not be quashed. 2. The facts relevant for the dispos......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189   ......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189   ..

Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)

....no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386.   ......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386.   ......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386.   ..

Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8

Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)

....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......garding the acquisition of properties disclosing sources of income. Mere denial of allegation can not be taken into consideration in the instant proceeding....... (7) Section 32, Anti Corruption Commission Act, 2004 According to section 32 of Anti-Corruption Commission Act, 2004 sanction i..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6

AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)

....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in:  65 DLR (HCD) (2013) 539     ......cation of the gazette showing the respondent No.3 as elected Mayor any allegation in connec­tion with the election of that Pourashava can only be maintained by way of election petition before the Election Tribunal constituted under Section 24 of the Act 52 of 2009 and not by any other means, the...... authority of the concerned election raising the self same allegation of non declaration of his assets properly in the affidavit submitted with the nominatiqn. The said appeal was heard by the Deputy Commissioner as appel­late authority and after hearing the said appeal was rejected on 6-1-2011 ..

Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3

Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)

....nt submitted charge-sheet No. 207 dated 30-5-2000 against the accused-petitioner under section 4(2) of the Anti-Corruption Act, 1957. 6. Following the submission of the charge-sheet, the learned Chief Judicial Magistrate, Dhaka sent the record of the case to the Court of Metro­politan Speci...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......ol­untarily surrendered before the Divisional Special Judge on 4-9-2008 and obtained regular bail there­from. 7. It may be noted here that on the com­mencement of the Anti-Corruption Commission Act, 2004, the Anti-Corruption Act, 1957 and the Anti-Corruption (Tribunal) Ordinance, 19..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)

....case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108.   ......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108.   ......is scope for the accused-petitioner to explain about the matter and rectify the mistake in calculating assets, even if any, at the time of trial as required under section 27(1) of the Anti-Corruption Commission Act, 2004. Prosecution must also be given opportunity to prove the allegation by adducing..

Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3

Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)

.... Advocate—For the Anti-Corruption Commission. Criminal Revision No.01 of 2013. M Enayetur Rahim J.—  This matter has been sent to this Bench for disposal by the Hon'ble Chief Justice. 33. Supplementary-affidavit filed by the accused-petitioner does form part of th......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50.   ......r Rahman, Advocate —For the petitioner. Mahbubey Alam, Attorney General—For the State. Anisul Hague, Advocate with Md. Khurshid Alam Khan, Advocate—For the Anti-Corruption Commission. Criminal Revision No.01 of 2013. M Enayetur Rahim J.—  This matter ..

Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11

Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..

Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101

Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013

....ly consists of the right of locomotion to go where and when one pleases only so far restrained as the rights of others may make it necessary for the wel­fare of all other citizens". 20. Chief Justice Fuller in RA Williams Vs. Edgar Fears & Anr 45 L Ed 186 says:— "Un......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..

Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2

Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)

....ause as to why the criminal proceeding of GR No. 1116 of 2007 arising out of Kotwali Thana Case No.50(11) of 2007 under sections 420/467/468/471/385/109 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Chittagong so far it relates to the accused-petitioner Md. ShafiquI A......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..

Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4

Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)

....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. ......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. ......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

Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)

....show cause as to why the judgment and order dated 23-2-2010 passed by the learned Sessions Judge, Nilphamari in Criminal Revision No. 21 of 2010 upholding the order dated 4-2-10 passed by the learned Chief Judicial Magistrate, Nilphamari (renumbered as CR Case No. 3 of 2009) framing charge under sec...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230     ...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230     ..

Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2