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State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)

....e petition is condoned. This petition at the instance of the state is for leave to appeal from the judgment and order of acquittal of the accused respondent passed by the High Court Division of a charge under section 409 of the Penal Code read with section 5(2) of Act II of 1947. 2. Facts rel......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 77

State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)

....these appeals arise out of the same judgment, they are disposed of analogously by this judgment. Respondents have faced trial before the Divisional Special Judge, Rajshahi Division, Rajshahi, to face charges under sections 409/109 of the Penal Code read with section 5(2) of the Prevention of Corrupt......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..

Category: Criminal Law | Date: | Hits: 85

Faridul Islam alias Faridul Alam and others Vs. State, represented by the DC, Chittagong and another, 2011, 40 CLC (AD)

....such, serious doubt has been created about the genuineness of the case. 7. The learned Judges of the High Court Division, upon hearing the parties, by their judgment and order dated 16-5-2010 dis­charged the Rule issued in Criminal Miscella­neous Case No. 8044 of 2007. 8. Feeling aggrieved b...... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44...

Category: Criminal Law | Date: | Hits: 85

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....06/1(2) dated 02.08.1999 signed by writ-respondent No.4 to have been passed without lawful authority and is of no legal effect and also for direction upon the writ respondent-petitioners to hand over charge of the Project Director of Rural Women Employment Creation Project, under the Ministry of Wom......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....had other alternative efficacious remedy by way of filing an application before the Administrative Tribunal, so the writ petition was not maintainable in law, the High Court Division ought to have discharged the Rule on the ground of its maintainability and, therefore, leave may be granted to examin......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...

Category: Employment/Service Law | Date: | Hits: 127

State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)

.... August, 2008 of a Division Bench of the High Court Division in Death Reference No.150 of 2004 rejecting the Death reference so far as it relates to the accused-respondents and acquitting them of the charge. 2. Facts relevant for the disposal of this petition are that on 3rd November, 1975 at daw......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 191

Mainuddin Vs. State and another, 2010, 39 CLC (AD)

....dge and that the accused persons murdered his son pressing with the Motor Cycle and kept his dead body under the water. 3. Police after investigation submitted a report with a recommendation to discharge the accused persons. The informant filed a naraji petition on 1st April, 2006 against the pol...... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 66

M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)

....ng to the Income-Tax Department it has become taxable. 3. Next the Company also took objection to the tax on the constitutional ground. The objection was raised as to the levy of Cyclone Relief Surcharge under Ordinance I of 1971. The petitioner ultimately filed writ petition before the High Cour......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....aim at conferring any direct benefit upon any parti­cular individual and there is an element of quid pro quo between the tax payer and the public authority while on the other hand fee or a toll is a charge for a special service ren­dered to some individuals by the agency authorised to charge a tol......uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...

Category: Fiscal/Taxation Law | Date: | Hits: 112

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....……Opposite Party Azam Shah Alamgir and others……………………Petitioners Vs. State…………………Opposite Party Judgment November 9, 1997. Result: Rules are discharged. Cases Referred To- Rahim Vs. State, 49 DLR (AD) 51; Ataur Rahman Vs. State, 19 DLR (S......y. 23. Further paragraphs (b) and (c) of the said schedule provides: “(b) offences punishable under section 403 to 409, 417 to 420, 465 to 468, 471 and 477 of the Penal Code and the attempts, abetments and conspiracies in relation thereto or connected therewith when committed by any public s..

Category: Criminal Law | Date: | Hits: 71

Aslam Vs. State, 1998, 27 CLC (HCD)

....and filed ejahar whereupon Narayangonj PS Case No.16(7)95 dated 13-7-1995 was started against the accused-appellant under section 19A and 19F of the Arms Act. The police after investigation submitted charge sheet against the accused-appellant under the same section of law on 13-2-1996. Thereafter, i......ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161...

Category: Criminal Law | Date: | Hits: 65

Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

....hmanbaria Police Station Case No.30 dated 7-7-2008 under section 25B(2) of the Special Powers Act, 1974. 2. The prosecution Case in short, is that one Md. Nazir Hossain, Sub-inspector of Police, incharge Champaknagar Police Camp, Brahmanbaria Police on production arrested accused, Md. Akkas Mia, ......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ..

Category: Criminal Law | Date: | Hits: 110

Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

....st and obtained signature of the witnessed. Accordingly, Siddhirganj Police Station Case No.19 dated 15-3-2005 has been recorded. 3. The case was duly investigated by police, who then submitted a charge sheet No.81 on 2-4-2005, against the accused appellant under section 19(a) and (f) of the Arm...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..

Category: Criminal Law | Date: | Hits: 79

Shefali Bala Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee and others, 2009, 38 CLC (HCD)

.... and 2 to show cause as to why the Judgment and decree dated 21-11-01 passed by the Joint District Judge in Other Appeal No.60 of 2001 reversing those dated 30-4-2001 passed by the Assistant Judge-in-charge, Baliadangi, Thakurgaon in Other Class Suit No.4 of 2000 decreeing the suit should not be set...... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41...

Category: Employment/Service Law | Date: | Hits: 118

State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)

.... 726 of 2006.) Order Surendra Kumar Sinha J. - State seeks leave from this Division to file appeal against the judgment of the High Court Division acquitting the accused-respondent No.1 of the charge under sections 302/34 of the Penal Code and the other respondents under sections 324/34 of th......large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 69

State Vs. Lieutenant Colonel Syed Farook Rahman (Rtd.) and others, 2011, 40 CLC (HCD)

....nd order dated 20th October, 2004 of the learned Metropolitan Sessions Judge, Dhaka in Metropolitan Sessions Case No.7 of 1999. The High Court Division found the accused-respondents not guilty of the charge under sections 302/109 of the Penal Code and acquitted them of the charge. Mr. Anisul Huq, le......executed, and therefore, these petitions have been abated. In view of the submission of the learned counsel, these petitions are dismissed as being abated. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 85

Chutta Miah Vs. State, 2004, 33 CLC (HCD)

....ase No.104 of 2001 rejecting the prayer for recalling the witnesses for cross-examination. 2. The case of the prosecution is that the petitioner along with other co-accused was being tried on the charge of murder of one Abdul Awal, the elder brother of the informant in the aforesaid Sessions Cas...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ..

Category: Criminal Law | Date: | Hits: 68

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....on of Md. Nurul Islam of village: Mukundapur, PS: Kaharol, District: Dinajpur as the proprietor of the said "Azad Bastraloy". After completion of the investigation the investigating officer submitted charge-sheet under section 25B(2) of the Special Power Act 1974 against the said Md. Abul Kalam Azad......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602...

Category: Criminal Law | Date: | Hits: 73

Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)

....olute and the petitioner Dr. Qazi Faruque Ahmed is hereby enlarged on bail to the satisfaction of Deputy Commissioner, Dhaka in Pallabi PS Case No. 31 (6) 2004 dated 20‑6‑2004 till framing of the charge, if any, in this case and in the event of framing of charge against the petitioner the trial ......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ..

Category: Criminal Law | Date: | Hits: 81

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....ited company and one AB Siddique was the managing director of the company. The bank fraudulently created a memorandum of deposit of title deeds dated 17‑3‑88 and an agreement for creating further charge dated 9‑3‑89 behind the back of the plaintiff. The plaintiff never executed any such memo......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...

Category: Civil Law | Date: | Hits: 109