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Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 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: 17 BLC (HCD) (2012) 778. ......ervice of notice under section 26(1) of the Anti-Corruption Commission Act on a detenu as reported in 62 DLR (AD) 290, has no binding effect for the purpose of quashing the impugned proceeding. After full trial and considering all the aspects of the said case, such observations were recorded which c......uting distinct offences under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 and, as such, the question of quashing of the criminal proceeding does not arise at this stage. It is asserted that the notices served on every person in all cases in jail custody cannot be s..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......nt. In her cross-examination she denied all the suggestions given by the defence. P.W. 2, Kazal Begum is a hearsay witness. She knew nothing about the occurrence and she was also the wife of the full brother of the victim. P.W. 3, Md. Humayun Kabir is the full brother of the victim and he ......ly prejudiced the accused as incriminating evidence or circumstances sought to be proved against the accused was not put to the accused during examination under section 342 CrPc causing gross miscarriage of justice. In the case of Mizazul Islam @ Dablu Vs. State 41 DLR (AD) 157 sandal which was the ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......and and expressed to the informant, "I shall marry you, come with me." When the informant refused to go with him, he forcibly pushed cloth inside her mouth and proceeded towards Khanpur village. At that time one Anisur Rahman of village Chak Gopal appeared before them. The accused threaten..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ...... basis of unimpeachable evidence of the Police witnesses though the public seizure list witnesses were reluctant to tell the truth in a bid to save the accused who was their neighbour. They have fully supported the impugned judgment and order of conviction and sentence. 6. P.W.1 SI Md. Mus......lant Khasru Ahmed and on search of his person recovered a country made 12” long pipe gun in presence of witnesses P.W.5 Habibur Rahman, P.W.6 Mostafa and P.W.7 Md. Selim Seikh, all of village Shashangachha, PS Kotwali, District Comilla and also obtained their signatures on the seizure li..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......rvice provider, who has to pay the VAT when any of the following events occur first, i.e. (i) when service is rendered, (ii) when chalan is issued relating to providing of service, (iii) when part or full payment is received. In this case, payment is received by BTRG which should, therefore, pay VAT...... the said Assignment Letter. 22. Mr. Raquib also submits that the License renewal fee as demanded by the Respondent No.I/BTRC vide its Memo dated 17 October 2011 (annexure-A of writ petition at page-31) are non-refundable and payable by the Petitioner-Company without any kind of deduction. It i..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
.... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......egard; the learned Advocate Mr. P.C. Guha on behalf of the plaintiff-petitioner most emphatically argued that on completion of police verification, passport was given in favour of the plaintiff after full satisfaction of the authority concerned and the authority was satisfied that the plaintiff-peti...... all arrear salaries, seniority, facilities and benefit in accordance with law. The respective case of the plaintiff-petitioner is such that he is a citizen of Bangladesh by birth who was born at village-Chalitabari under Police Station-Kotalipara, District: Gopalganj (formerly Faridpur) and a perma..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......VA" to the affidavit-in-opposition of writ petition No.5073 of 2012, which is the JICA Guidelines for evaluation, that the establishment and authority of evaluation organizations must be in full accordance with laws and regulations of the Borrower's country. 14. Therefore, we find......ct of any purchasing entity. Any company which can not meet the pre-qualification requirements can not be declared as pre-qualified by a Review Panel and thereby allow an unsuccessful pre-qualified stage bidder to submit a bid and, therefore, the order passed by Review Panel is bad in law and liable..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......ecessity and in the interest of the Biman and thereafter, they were appointed for the 3rd term and again for the 4th term in the same post and since then they have been performing their duties to the full satisfaction of their superiors. On 18-12-2000, there was an internal transfer to Line Mai......e directed to discontinue their services. Although, by the time, the petitioners had put in services in the Biman for about 7/8 years, they were not confirmed. While the petitioners were engaged in casual services against vacant posts, the Biman, in order to regularize those posts, made ad..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......to prove that the registered agreement was executed by the defendant for selling the suit property. The High Court Division disbelieved the witnesses of the defendant on the ground that they were his full brothers and niece. These are all basically questions of fact and both the Courts below concurr...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....his statement is hearsay and legally not admissible into evidence. Hosen Banu (P.W.20) is a domestic help of Jibran. She only stated that there was misunderstanding between Jibran and his wife over a woman named, Samanja. So she also said nothing regarding criminal conspiracy. Syed Ziad Rahman (P.W....... to state the confessional statements of accused-persons for the convenience of our discussion' and then concluded that "other four accused-persons discussed above, evidently, have fully corroborated the prosecution case that this present accused-appellant Yasin Rahman @ Titu bein......jointly which is not permissible in law. A confessional statement of accused cannot be used in support of the charge of criminal conspiracy. 10. There is no dispute that a conspirator is an agent of his associates in carrying out the object of the conspiracy and that it has to be establish..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......died leaving him the only son and he started possessing the land through bargadar and he continued possession for more than 12 years. It is the further case of the defendant that the plaintiff is his full maternal uncle. The plaintiff's brother Hori Krishna Mondal and the plaintiff used to ......012. Today the matter has appeared in the list for delivery of judgment Mr. Md. Nurul Amin took part in the hearing afresh and he submitted that the prayer for amendment of plaint is at too belated stage, and, as such, the same is barred by limitation. Secondly he submitted that the intention of acq..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......ght they not to stay proceedings till His Magesty has consulted them? All the Judges save Coke said: yes, yes, yes. But Coke said: no. After words the King dismissed him. But the attitude of Coke was fully approved by the people of England. The Article 94(4) of the Constitution and Rule of Procedure......Mr. Md. Masder Hossain, 2000 BLD (AD) 104, S.P. Gupta Vs Union of India, AIR 1982 SC 149, India Vs Sankal Chand Himatlal, AIR 1977 S.C. 2328, S.C. Advocates-on-record Vs Union of India, AIR 1994 SC page 268, 47 DLR (AD) 111, Raja Rampal Vs. Hon’ble Speaker, Lokshava, (2007) 3 SCC 184, Bachan Sing..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......ail appeal. 2. Facts, leading to the jail petition, in a nutshell, are as follows: On 13.05.2005 at about 5.30 p.m. the victim Emran Ali, nephew of the informant Md. Hazrat Ali of Ukia Village under P.S. and District-Manikgonj, was watching television in the house of neighbour Atab Ali. A..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ...... the provisions of clause 19.6 of the constitution, the President purportedly elevated one of the Joint Secretaries, named Aleya Ferdousi to the General Secretary’s position although it is only the full Executive Committee that has been empowered by the constitution to do this. Although clause 9 o...... inducted two unauthorised persons, namely: a member named Azizul Haque and a Joint Secretary of the Federation, to operate its bank accounts and thus allowed them to be abusive by taking undue advantage. 4. Writ-respondent No.9, the General Secretary of the Federation, petitioner herein, filed ..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......1 has failed to conduct any pre-tender meeting and accordingly, the tender documents have been formulated in a manner so as to prevent the petitioners along with other stevedoring firms from successfully participating in the tender process. 42. It has also been argued that the preamble to ......iding port facilities. During the British colonial rule, operations of CP came under the control of Port Commissioner under the Port Commissioner’s Act, 1887. In 1960, re-organization of the management of the CP resulted in formation of the Chittagong Port Trust. In 1976, the Chittagong Port..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....sonable grounds as indicated above for refusing bail, to the respondent. The law permits granting of bail, even in a case where there are such reasonable grounds for refusing bail, in the case of any woman or any sick or infirm person. However, the respondent has not been granted bail upon these con......med Vs. State PLD 1971 SC 174, holding that, "As rightly pointed out by the learned Chief Justice in the impugned order, it is not possible to determine this point one way or the other without a full appraisal of the evidence that has been led or may be led, and the Courts should not be invited...... learned Sessions Judge, Dhaka, by his order dated 8-3-2012 has rejected the bail petitions of these two petitioners for the reasons recorded therein. 15. The case is at the investigation stage and police has not yet submitted report. 16. The learned Advocate Mr. Md. Amanul Karim (Lit..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......es an impression that the time-frame given in Article 8 of the Order of 1972 is intended to be mandatory. The article requires to be considered in the light of the intention of the legislature by carefully construing the scope of the statute and the consequences that flow from the construction there...... in not holding the election within 31st day of May in the year in which the, terms of the Bar Council expired and because of intervention of the Court the election could not be held. Though the language of Article 8 of the Order of 1972 appears to be mandatory no consequence has been attached there..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....lmost entirely in terms of actus-reus but for the doctrine of mens rea, anyone who caused actus-reus would be guilty of offence. Suppose it is an offence for a Muslim being married to marry any other woman during the life time of his wife. The actus-reus of this offence is complete if A marries B wh......; Abdul Munem Chowdhury @ Momen Vs. The State, 47 DLR (AD) 96; Mahomed Syedol Ariffin bin Mahomed Ariff Vs. Yeah Oai Gark, AIR 1916 Privy Council 242; 61 DLR 33, Hasina Begum Vs. State, 1 BLC 315; Prafullah Kama! Bhattacharya Vs. Ministry of Home Affairs, Govt. of Bangladesh 28 DLR, 123; State Vs. M......or communicating shock news in distress condition which has caused the death. Such power may be exercised by application of force as in the case of beating or it may be in the form of an alarming message to the victim in distress condition. In each case it is an 'act' because it is some..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......d and khas possession was also allowed by evicting defendant No.1 therefrom. On appeal by the plaintiffs in Title Appeal No.115 of 1989, the appellate Court allowed the appeal and decreed the suit in full in respect of 9.73 acres of land and the cross-objection of the defendant was rejected. 6. Aga......uit land was recorded during SA operation in Khatian Nos. 822 and 623 in the names of the plaintiffs' vendors. During Diara settlement, the names of the plaintiffs' vendors were recorded upto field stage but subsequently in the final Diara Khatian, the name of defendant No.1 was recorded in respect ..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......ion was served upon the detenue on 20-3-1997 and the grounds of detention were served upon the detenue on 28-3-1997. It is stated that the detenue was detained under the Special Powers Act, 1974 unlawfully, and without jurisdiction. He was detained to suppress his political movement and also for pol......y people numbering about 1500/1600 on 24-2-1996 at 4.40 P.M. led by the detenue and others without provocation attacked 4/5 police constables causing serious bleeding injuries. They also damaged a running mini bus bearing No. Dhaka Metro Ja-11-688 by throwing brick, bats and bombs breaking..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
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