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....mmissioner, Narail.......Respondent
Judgment
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 ...... by the High Court Division in Death Reference No. 150 of 2005 with Criminal Appeal No. 4256 of 2005 and Jail Appeal No. 1180 of 2002)
Judgment
Md. Imman Ali J. - This criminal petition for leave to appeal is directed against the judgment and order dated 16-1-2011 passed by a Division Benc..
Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....sane and that he did not accept the contention of the learned Lawyer of the accused that accused was incapable of making his defence. In fact, before he arrived at such decision, he should have taken specialist doctor's opinion whether the accused was insane or not. It is said that the Court is ......arts of Shuvon. P.W.1 also stated the accused concealed the dead body of the deceased under the water of the Moshureer beel (hereinafter called beel) and hid the dead body of the deceased with banana leaves and date leaves. P.W. 1 then stated that police went to the beel with accused Md. Sajjad Ali ..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 ......firmed by the above judgment. Judgment Surendra Kumar Sinha J. - In this petition accused petitioner Abdul Wadud, former Managing Director of Rupantorita Prakritik Gas Company Limited seeks leave from a judg-ment of the High Court Division which refused to quash the proceeding initiated ag..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
.... have been entrusted with the duty to enforce the law and Rules of the country ignore the same, what is the necessity for the enactment of the law and the Rules...... (48) Since there appears no special defence case on behalf of the accused in respect of the trap case that the P.W. 1 who led th......rojected by the prosecution as well as by P.W. 3 Abdus Salam Khokon. 72. The common proverb of this sub-continent is that a criminal committing criminal offence consciously or unconsciously leaves behind the mark or evidence of the offence that ultimately reflects the persons involvement o..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)
.... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251 ...... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251 ..Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4
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 ...... No. 46 of 2007. (From the judgment and order dated 5-7-2004 passed by the High Court Division in Civil Revision No.4041 of 1999.) Judgment Nazmun Ara Sultana J.- This Civil Appeal, by leave, is directed against the judgment and order dated 5-7-2004 passed by the High Court Division i..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 ......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 ..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....tion will deal with disputes arising from the manual examination of the quality of cotton and/or the quality characteristics which can only be determined by instrument testing. Bylaws especially applicable to quality arbitrations and appeals are set out in part 2.
Technical arbitr......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
..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ...... No.67 of 2004. (From the judgment and order dated 16-10-2001 passed by the High Court Division in Civil Revision No.3271 of 1997.) Judgment Nazmun Ara Sultana J.- This Civil Appeal by leave, at the instance of the pre-emptees, is directed against the judgment and order dated 16-10-20..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
....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.
......f November, 2009 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appellate Tribunal Appeal No.201 of 2005).
Judgment
Md. Abdul Wahhab Miah J. - In this petition for leave to appeal, the petitioner has called in question the decision dated the 12th day of November, ..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
.... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381 ......2010. (From the judgment and order dated 29-10-2009 passed by the Administrative Appellate Tribunal in Appeal No.147 of 2006.) Judgment Hasan Foez Siddique J.— This petition for leave to appeal is directed against the decision and order dated 29-10-2009 passed by the Administra..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
.... Court of Bangladesh, is 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:
......d in favour of the assessee-applicant.
8. In reply, S. Rashed Jahangir, the learned Deputy Attorney General (DAG) appearing with Ms. Nurun Nahar, the learned Assistant Attorney General, with the leave of the Court, takes us through the affidavit-in-reply and the materials on record and contends..
Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9
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. ......e renal Code and sentenced to imprisonment for life. The appeal of Ataur Rahman is allowed and the appeal against Thandu Member is dismissed. Md. Abdul Wahhab Miah J.- These criminal appeals, by leave, are directed against the judgment and order dated the 25th day of November, 2007 passed ..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....esh, is 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: ...... favour of the assessee-applicant. 8. In reply, Mr. S. Rashed Jahangir, the learned Deputy Attorney General (DAG) appearing with Ms. Nurun Nahar, the learned Assistant Attorney General, with the leave of the Court, takes us through the affidavit-in-reply and the materials on record and contends..Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ...... No.67 of 2004. (From the judgment and order dated 16-10-2001 passed by the High Court Division in Civil Revision No.3271 of 1997.) Judgment Nazmun Ara Sultana J.- This Civil Appeal by leave, at the instance of the pre-emptees, is directed against the judgment and order dated 16-10-20..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
.... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ......shy;ing of that as exhibit-Kha has been illegal and, as such, the decision taken by the Courts below on the basis of this exhibit-Kha has been illegal and wrong. The learned Counsel for the plaintiff-leave-petitioner has argued also that the contesting defendants' case that Ibrahim Bhuiyan ..Category: Property Law | Date: 12 May, 2014 | Hits: 6
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ...... May 5, 2014. Result: Both the petitions for leave to appeal are dismissed. Cases Referred to- Mohiuddin Khan Alamgir Vs. Anti-Corrupti..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
.... 1974, straightaway divided the Union of the petitioner carving out therefrom five Wards. There is no indication whatsoever why such a division became necessary or what prompted the Ministry so to do specially when all the adjacent Unions are undeniably running with only one Nikah Registrar each. No......d writ petition i.e., Respondent No.7 of the instant writ petition filed a Leave Petition bearing No. CP No. 1089 of 2010 in the Appellate Division. The Appellate Division after hearing dismissed the leave petition by its order dated 17.11.2011 affirming the judgment and order of the High Court Divi..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.
......levant rules of the Rules, the High Court Division took correct view in the matter as to the right of the writ-petitioner in getting promotion to the post of Deputy Director in BSTI.
In the leave petition though it has been stated in a general way that the writ-petitioner was appointed in ..
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 Writ Petition No.6766 of 2011 has been discharged as the same had become redundant. The petition that has been discharged on merit i.e. the Writ Petition No.4608 of 2008 was filed by the instant leave to appeal petitioner, whereas the Writ Petition number 6766 of 2011, discharged on ground..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
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