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

.....W.16 SI Mr. Manirul Islam, P.W.18 Saidur Rahman and P.W. 20 SI Mahbubur Rahman held investigation. P.W. 20 SI Mahbubur Rahman, completing the investigation, submitted charge sheet against 11 accused persons including the present appellants under sections 302/34 of the Penal Code. However, he submit......f is concerned. Suspicion however, so strong can­not be allowed to take the place of legal proof. 19. It is seen from the evidence of the pros­ecution witnesses that a large number of disinterested witnesses were present near the place of occurrence. Naturally it should be so because th......et 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)

....ble for the petitioner to appear before the lower court for seeking bail'. 8. In a latter case in State Vs. Zakaria Pintu, 2010 BLT (AD) 491 = 62 DLR (AD) 420 the facts are thus: the accused persons who allegedly committed murder and other lesser offences prayed for anticipatory bail in the......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. ...... 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

Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)

....uit land left for India and in the year 1965 the properties left by them were included in the vested property list in VP Case No. 846/68-69 and 848/68-69 and the property were leased out to different persons. The decree passed in Title Suit No. 351 of 1975 is forged and collusive. Mokshed Ali Howlad......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476.   ......ision No. 2259 of 1997. Judgment SM Emdadul Hoque J. — On an application of the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impunged judgment and decree da......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476.   ..

Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2

Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....¦– 15.7.2012 under the provision of section 117A of the Income Tax Ordinance 1984, impugned letter herein, through which the respondent No. 3 informed the assessee-writ-petitioner that a team of four persons shall enter into his premises and examine as to the fact of deduction of Advance Income Tax ......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......he current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86

Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....firm, or the manager or any adult male member of the family; (b) in the case of a local authority or a company, to the principal officer thereof; (c) in the case of other body or association of persons, to the principal officer or any member thereof; (d) in a case where a firm or associatio......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......axes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86

Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)

....1.1986 at about 2.00 P.M. the present appellants and others forming an unlawful assembly entered into the dwelling hut of the complainant which is a vested property and when he was not found, these persons assaulted his mother causing bleeding injury on her right leg and outraged her modesty and ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......handpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ..

Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8

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

.... were on petrol duty for Keeping peace in Baitul Aman Jam-E-Mosque at Road No. 7 Dhanmondi residential area they saw that when the pious Muslims (Musallies) were coming out from the Mosque some 10/12 persons made an unlawful assembly on the road carrying a banner of the banned organization namely &#......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ......ial Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ..

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

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

....the person of the deceased in her presence causing his death. 4. On the following morning P.W.1 Dhiru Rabi Das, son of the deceased, lodged the FIR ext.1 at 7-15 AM and handed over two accused-persons who were apprehended after the occur­rence and at the instance of the accused-appellant th...... 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. ...... 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)

....under article 102 (2)(a)(ii) of the Constitution of the People's Republic of Bangladesh filed by the accused-peti­tioners challenging the order of sanction for pros­ecution of the accused-persons in ACG GR Case No. 25 of 2007 arising out of Motijheel PS Case No. 140 dated 29-3-2007 punis......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   ......shy;itating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181   ......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   ..

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

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

....port, amongst others, whether the manpower of the project could be transferred to the revenue budget of DCC. On 10-12-2007, the committee submitted a report recommending, amongst others, that the 512 persons employed in the project could be absorbed within the adminis­trative framework of DCC. A......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. ...... This Case is also Reported in: 65 DLR (AD) (2013) 145. ......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. ..

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

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

..... The Accused No. 4 wrote a letter to Daewoo Corporation on 24.06.1996 about it, even before issuance of the work order and accused No.2 on 26.6.1996 recommend to purchase of the Frigate. The accused persons acting in collusion to each other brought this frigate, which caused financial loss at about......transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, or (c) if he dishonestly or fraudulently ...... Revisional Jurisdiction) Present: Siddiqur Rahman Miah J KM Kamrul Kader J Rear Admiral M. Nurul Islam, NCC, PSC (Retd.)…………Accused petitioner (In Criminal Misc No.2334 of 2004) Commodore Harunur Rashid (Retd.)…………&hel......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: ..

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

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

....red from different houses and Hasamdia United High School, and as per request of Major, the informant along with some police constables appeared at the place of occurrence and found that some accused persons were arrested by the major Aftab Ahmed and a good number of CI sheets were recovered from th......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   ......ay 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)

....ue to non-payment of the balance con­sideration, the defendant could not arrange money for the admission of his son in MBBS course and give his daughter's marriage as he was indebted to other persons as well. What's more, it is con­tended, after receipt of the summons of the suit, th......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. ......, 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

Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corpora­tion and others, 2013, 42 CLC (AD)

....acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ...... published in the daily newspapers, namely, "Daily Dinkhal" and "The News Today" on 15-2-2004 issued by respondent No.2 under the authority of respondent No.1 inviting tender from interested bidders for purchasing of 2, 40,000 shares of Group-C of the said bank held by Jamuna Fer......eal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..

Category: Others | Date: 14 Feb, 2013 | Hits: 10

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

.... same in favour of third party vide Miscellaneous Case No.1862/60-61 and some new Khatians has also been opened in the names of those allottees. The land of hal plot No.894 also allotted to different persons and the suit property is yet to be fit for cultivation and the same is still a lower shore o......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.   ......C (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

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

....ent may make in this behalf, Officers of the Bureau shall have throughout the Province in relation to the enquiry into, and investigation of, such offences all powers of seizure, search and arrest of persons concerned in such offences and all other powers, duties, privileges and liabilities which th...... 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 ...... 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 ...... 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 ..

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

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

.... 96893281 with Nat West Bank, Aldwych Branch, London illegally deposited œ 2,08,568.65 and œ 2,43,750.43 equivalent to in total a sum of Tk. 6,01,57,762 in these two accounts; the accused-persons in collusion with each other having earned directly by illegal means an amount of Tk. 20,41,......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.   ......ivision. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50.   ......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.   ..

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

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

....mitted on 13-1-2009 only against accused No.1 Md. Alam Khan and FIR named accused No. 5 Shafiqul Md. Alam under sections 420/467/468/471/385/109 of the Penal Code; and the remaining FIR-named accused-persons who were deed writer, identifier and attesting witnesses were recommended for discharge. On ......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 ......end 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. ......racticable to hold the adjourned 33rd AGM as well as to hold the 34th it AGM in time. I also find substance in the submission that these 2 suits were filed with co-lateral purpose at the behest of on interested quarter only to deffer transaction of the agenda concerning the election of directors. ......r 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

TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)

....Court is hereby recalled and vacat­ed. Communicate at once.         Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94.   ...... rule 34 and 42 of the VAT Rules 1991 asking the petitioner to show cause as to why the penal action should not be taken against the petitioner's Factory and also asked whether the petitioner was interested to appear for hearing (Annexure-A) 4. On the basis of the aforesaid allegation enqui...... at once.         Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94.   ......Court is hereby recalled and vacat­ed. Communicate at once.         Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94.   ..

Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6