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State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....ing of the deceased Sakhina and her father himself stated in the application of UD case that he came out from the PO hut at 8-00/8-30 AM So, it is clear to us that the evidence of P.W.2 provided no corroboration with the material facts and circumstances of the case and to hide the manner and cause......Ali (P.W.5) visited her conjugal home and the accused demanded Taka 20,000 to her as dowry in his presence, failing which she will be murdered on the following day. The accused also drove him (P.W.5) from the house. On the night following at 12-30 AM he (P.W.1) came to know about the death of his ......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......ission itself. He further submits that in absence of proper authority to issue the notice the proceeding as a whole was a nullity. He further submits that it is a prerequisite to obtain sanction from the Commission, but in this case the sanction was not taken from the proper authority i.e. he C......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......ours. Only in the Act it has been said that the Commission can ask any person to submit wealth statement, if Commission itself is satisfied that any person has been possessing wealth beyond his known source of income. Thus the notice issued by the Secretary of Anti-Corruption Commission is a nullity..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....nd disinterested witness In a particular case all the eye witnesses may appear to be interested witnesses and bitter enmity between the victim and condemned prisoner may exist. But there must be corroboration by independent and disinterested witnesses........ (48) Cases Referred to- N......ence of interested witnesses Eye witnesses in some cases are closely related with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disintere......elated with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disinterested witness In a particular case all the eye witnesses may appear to ......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......on Bench of the High Court Division in Writ Petition No.8100 of 2009 disposing of the Rule with direction upon the writ respondents to dispose of the application dated 08-10-2009 within one month from the date of receipt of a copy of the judgment. 2. Facts, in short, are that the writ pet......ion apparatus for the purpose of broadcasting. The respondent No.3-BTRC can allocate frequency to a TV Chanel which has already got the permission from the MOI for broadcasting. The BTRC acted independently in cancelling the frequency. It is to be noted that under Chapter V pursuant to S......if there is an overriding public interest involved. In this case, it was stated on behalf of the State that various notifications granting sales tax exemptions to the dealers resulted in severe resource crunch. On reconsideration of the financial position, it was decided to limit the scope o..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....he murder but he is the full brother of accused Matiur Rahman @ Mati. P.W.1 as full brother of accused out of enmity and family dispute might have told the name of accused as murderer but there is no corroboration of such evidence of P.W.1 that Matiur Rahman @ Mati had murdered the deceased inflicti...... It is well settled that a conviction can be based only on the sole testimony of a single witness. Mere interestedness is no ground to reject the testimony of a witness, if the testimony is free from doubt. ............. ......(30) The conviction may be given relying on the evidence of a s......which he had seen at the time of occurrence. He being the close door neighbour of the accused had the more opportunity to witness the occurrence and from his evidence we find that he deposed alike an independent and disinterested witness. His such fantabulous and marvellous evidence appears to be fr......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ....... Writ Petition No.2250 of 2010. Judgment M. Moazzam Husain J.- This petitioner is a private limited company established back in 1986-7. The petitioner company took credit facilities from Sonali Bank (Respondent-3) under 3rd IDA Credit No.BD-1065 (World Bank) scheme primarily for p......at may be directed to do the act as prayed for…………….(10) Power of any Bank company If any decision is taken by the Bank that is to be implemented by itself. Bank Company is an independent identity. It has its objectives and internal policy to pursue. As the majority shar......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......cision/Verdict of the Review Panel-01. Short facts: 2. BTRC issued notices in different newspapers including the 'Daily Protham Alo' on 30-9-2010 inviting sealed technical proposals from the intending Chartered Accountants Firms for the purpose of appointing Auditors to conduct Ins......ation of awarding contract if a certificate of public interest is issued by the head of procuring entity. No such exception has been provided to the provisions of sub-rule-(2) of Rule-59, which is an independent provision. However, it appears that not only the notification of awarding contract has b......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
.... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......rned Judge examined the appellant under section 342 of the Code of Criminal Procedure, to which he reiterated his innocence, but did not adduce any evidence in defense. The defense case as it appears from the trend of cross-examination that the appellant was quite innocent and was falsely implicated...... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......the Investigating Officer. One of them stated that the appellant had pressed the victim’s hands, while another stated that he had kissed her. There are contradictions in their evidence as well. The source of their knowledge is the informant, who himself is not an eye-witness. In such a position, t..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......nts on the point of quashment of proceedings and for the interest of justice, this point should be addressed in order to avoid conflicting opinions. 3. Civil Appeal No.11 of 2011 arose from the judgment and order of a Division Bench of the High Court Division in Writ Petition No.761......7 is a penal provision for falsifying statement of the company. If those observations remain in the judgment, the trial Court will not be able to adjudicate upon all the points involve in the case independently. Accordingly those observations are expunged. 70. In Civil Appeal No.13 of 2011......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ...... Judgment July 17, 2011. Result: Death reference is rejected. The impugned judgment and order of conviction and sentence is set aside. The condemned-prisoners are acquitted from the charge leveled against them. All the appeals are allowed. The Rule is made absolu......atin Mehedi alias Matinul Islam alias Mahbub Matin alias Mehedi Hasan alias Matinul Haq Mondal, 11. Mohan, 12. Tuhin Reja were implicated by the confessions of co-accused Rinku and Mithun without any independent corroborative evidence. 64. It is well settled that the confession of an accused is......map and index (Exhibits ৬, ৬ক, ৬ঘ, ৭, ৭ক-৭ঘ, recorded statements of the witnesses including wounded Rasel and some members of আহলে হাদীস. He came to know by source that before two years back following people were arrested on suspicion in connection with GDE..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....opment, that the improvement and constructions were made in 1995 to the knowledge of the pre-emptor, that the pre-emptor's witnesses being the nearest relations, they could not be relied upon without corroboration by independent witnesses and that the pre-emptor failed to prove that in the alleged......ated upon separation of the jama and have been paying rent. The case is hopelessly barred by limitation and also bad for defect of parties. 6. The trial Court allowed the pre-emption and on appeal from the said judgment, the Court of appeal below reversed the judgment of the trial Court and dis......improvement and constructions were made in 1995 to the knowledge of the pre-emptor, that the pre-emptor's witnesses being the nearest relations, they could not be relied upon without corroboration by independent witnesses and that the pre-emptor failed to prove that in the alleged salish there was......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
.... an extra judicial confession is very week type of evidence for convicting an accused unless by actual word of the accused persons making statement is brought on record and such a case finds reliance corroboration. There is no corroboration as required by law and the case as made out is doubtful. He......school who instructed her not to disclose the matter to any body and also assured her that he would take initiative just to have a talk with the headmaster. Thereafter the accused appellant abstained from making any proposal for 2-3 weeks. Again he started proposing as before and on 6.4.2006 at abou......harge sheeted witness 2 (two) have been withhold. Had they been examined they would not have supported the prosecution case. He submitted that the Tribunal without discussing the prosecution evidence independently and without considering the vital evidence has awarded a moral punishment as against t......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......out realising how their activities will entail dissipation. They are pouring into the river industrial wastes, sewers, contaminated substances, deadly droppings, waste food etc. Hazardods chemicals from Hazaribagh ternaries are exacerbating the pathogen. It has been diluted with all kinds of bane......resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......anga. 4. He avers that the matter attracts immense and unjettisonable public importance. As the people of Dhaka City depends on water supplied by WASA, Buriganga being virtually the exclusive source of WASA water, pollution of Buriganga water necessarily means consumption of virulent toxin...Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......ders In the Companies Act, 1994, there is no restriction or prohibition in classifying two groups of shareholders – sponsor shareholders and public subscriber mutually debarring each group from participating in election of directors of other group. If the legislature had otherwise intenti......n Insurance company shall comprise of 20 directors, out of which 12 directors ought to be elected from the sponsors, 6 directors to be elected from public subscribers and 2 directors to be elected as independent directors. It has been asserted by the petitioner that the shares issued by the responde......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......nst Mr. Tofail Ahmed, it has been transpired that Mr. Tofail Ahmed, having been elected as a Member of Parliament (MP), in the general election held in 1996, was in charge of the Ministry of Industry from 1996 to 2001. With intent to conceal crores of Taka earned by him through dishonest means, whil...... image of the petitioner who has been bearing a chequered and unblemished political career since pre-liberation era and who was one of the organizers of the movement that has led to the birth of independent Bangladesh. In these facts and circumstances, the learned Advocate summarises that, the ......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....tate, reported in 12 DLR (SC) 165. Held: “In charges of rape prosecutrix evidence should be sufficiently corroborated and should be in accord with the probabilities- What is not sufficient corroboration.” “In a case of this kind where the evidence and conviction of the pr......, as a result he could not file appeal in due time and as such he preferred the instant application under Section 561A of the Code of Criminal Procedure upon which rule was issued. 3. It appears from the record that one Md. Alauddin Bepari, Son of Late Reaz Uddin Bepari, of village-Konoiyadda, ......oner will have to pay Tk. 35,000/- as fine and on his failure to pay the said amount the case was initiated after lapse of about 8 months. 9. Learned Counsel further submits that in this case no independent corroborative witnesses have been examined, rather the evidence of the parents and the v......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....authorized, is maintained.
No order as to costs.
This Case is also Reported in:
......is life or limb. This Article casts a duty upon the State to protect the dignity of its citizens.
7. Similarly, Article 14 enjoins upon the State to emancipate the backward section of the people from all forms of exploitation.
8. Part III of our Constitution guarantees Fundamental Rights o......mpanions of our Holy Prophet. Our beloved Prophet himself was respectful towards womenfolk and we all should follow his noble example.
112. Under the circumstances, nobody is allowed to function independent of or in derogation of the laws of the land. As such, although a Mufti, Maulana, or Imam......haka and others, (popularly known as the 5th Amendment Judgment) (2010) BLD, Special Edition-2; Dr. Mohiuddin Farooq Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others, (1997) 49 DLR (AD) 01.
Lawyers Involved:
Muhammad Na..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ...... the Minister for State of the Youth, Sports and Cultural Affairs and also as the Chairman of National Sports Council, Dhaka had obtained as bribe an amount of Taka 38,00,000 (thirty eight lakh) from 14 (fourteen) contractors (firms) as named in the FIR who were engaged in the implementati......vested in the ACC. The ACC owes it's existence not only to sub-section (1), but to both sub-section (1) and (2) of section 3 of the Act. 16. The word 'স্বাধীন' or "independent", has been used in sub-section (2) of section 3, denotes independence from ext....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......lt to suffer rigorous imprisonment for another one year. 2. Prosecution case, in brief, is that the Officer-in-charge of Naoapara food godown, Mirza Monwar Hossain was in charge of the said godown from 11.3.1987 to 4.1.1991. He died on 5.1.1991. On his death the District Food Controller, Habiganj......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......uld have been taken earlier, the present situation would not arise. Lastly he admitted that the Officer-in-charge (indicating Mirza Monwar Hossain) was individually liable. He could not say about the source, from where they received the information of the alleged misappropriation. 10. P.W.2, Md. ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......aughter and produced them to Uzirpur Police Station. On receipt of the news, she along with the witnesses rushed to Uzirpur Police Station and saw her daughter in custody of police. After coming back from Uzirpur, she lodged the ejahar. It was mentioned in the ejahar that appellant No.2 was the hous......d emotionally influenced by her parents. P.W.3 Shahin Fakir was a minor boy and in the facts and circumstances it is not unlikely that he was tutored by his parents. 23. P.W.4 Ishak Molla, an independent witness stated that he rushed to the house of occurrence immediately after the occurrenc......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
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