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Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....nder the Singapore law; thus, the proceeding is illegal and liable to be stopped. 40. The learned Special Judge after hearing the said application by its order dated 18-10-2012 rejected the same holding that the provision of section 188 of the Code of Criminal Procedure will not be ap......e-parties Judgment January 17, 2013. Result: The application is rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18;Pirjada Syed Shariatullah Vs. Government of Bangladesh, 61 DLR 64714 BLD (AD), 196 = 46 DLR (AD) 174, Kalepada Shaha Vs. State, 37 ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....etitioner's candidacy; that another shareholder of the company, Bondhu Gopal Das, instituted Title Suit No.166 of 2011 before the Senior Assistant Judge, Sadar, Sylhet praying for injunction upon holding of the meeting on 5-8-2011; because of the orders of injunction passed in both the suits adj......he company, having folio No.2269 and BO No.12011480037221690, that Respondent No.1 company is a public company, limited by shares, incorporated in the year 1978 under the Companies Act 1913 the government and its financial organizations hold major shares in the company; it has 12 Tea Estates ha..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....sued calling upon the complainant-opposite-party, to show cause as to why the judgment and order dated 23-2-2010 passed by the learned Sessions Judge, Nilphamari in Criminal Revision No. 21 of 2010 upholding the order dated 4-2-10 passed by the learned Chief Judicial Magistrate, Nilphamari (renumber......provision which got affirmation by the learned Sessions Judge, who passed the impugned judgment and order. It is submitted that the impugned order passed without application of his judicial mind. Moreover, when the accused-petitioner was once discharged in the case and said order remains unchallenge..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
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. ......ng of different wash brand scouring powder, Jet brand detergent powder, Kohinoor brand detergent powder, Sodium Silicate, Jet ball soap and other products and have been marketing those items all over Bangladesh on paying of all the VAT and other taxes regularly. 3. At a tip-off a team of t..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ......t Petition is Maintainable against the Private Bank- The question is no longer a res Integra, it’s a settled issue. The writ petition is not maintainable against the Private Bank and Government has been inducted in the petition only to attract Article 102 of the Constitution as a met..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
.... objection. The learned Sub-ordinate Judge by his order dated 16-7-1997 rejected the prayer. Then again on 17-9-1997, defendant No.8 filed another application under Order XXVI, rule 9 of the Code for holding local investigation. The learned Sub-ordinate Judge by his order dated 8-10-1997 rejected th......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
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Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....roll; 13-5-2012. to 15-5-2012 had been fixed for submission of norilination papers; 16-5-2012 had been fixed for scrutinization of the nomination papers and amongst others had fixed 2-6-2012 for holding election of the Executive Council for 2012-2015. vide Annexure-D it appears that on 12-5-201......ment of an Administrator vide Memo No.বাজাবস/নথি-১/২০১২কানিপানি/১৫/১২ dated 16-5-2012 (Annexure-I to the writ petition) to resolve the dispute over the complaint dated 14-5-2012, to prepare fresh electoral roll through the Administrator and to..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....a vide Memo No.313/ K:P: dated 7-6-2000 under the signature of the Inspector of Colleges, University of Dhaka to the Principal of the Homeopathic Degree College. Similar letter was again issued after holding inspection on 30-10-2005. 7. In view of the repeated letters and reminders of the......reme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others.................Appellants Vs. Dr. Md. Nazrul Isla..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....nd his name was struck off from the Roll of Advocates of the Bangladesh Bar Council and his sanad as an Advocate granted and issued by the Bangladesh Bar Council stood cancelled with immediate effect holding, inter-alia, that after close examination and verification it was found that the original si......l turpitude, but is not a mere error of judgment, carelessness or negligence in performance of duty. Supreme Court of India in a number of decisions reiterated that "misconduct" would cover any activity or conduct which his professional brethren of good repute and competency would rea..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ides that if the inquiry cannot be completed even after proceeding under Rule 7(4), the matter shall come to the end, but there shall be no bar in lodging fresh complaint against the same offence and holding inquiry under such fresh complaint. The petitioner submitted the statement of wealth to the .......................Respondents Judgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others, unr..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ences under the Ain, 2002 in the schedule to the Criminal Law Amendment Act, 1958, whereby any enquiry, investigation, lodging of the complaint, conducting of prosecution before the Special Judge and holding of trial exclusively by the Special Judge have been mandatorily required under the provision......riminal Procedure is to be followed to proceed with the impugned Special Case No. 17 of 2011 in view of section 6 of the Criminal Law Amendment Act, 1958 with regard to the sanction of the Government before inquiry of a case like this section 6 of the Criminal Law Amendment Act, ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....din Farque Vs. Bangladesh, 49 DLR (AD) 1; Ekushe Television Vs. Bangladesh, 54 DLR (AD) 130 and Brae Bank Vs. Bangladesh, 54 DLR (AD) 34. We do not find anything wrong with the High Court Division in holding so. We like to further add that the writ-petitioners are none else but the father of 10 (ten......sion (Civil) Present: Md. Muzarnmel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh & others .............Petitioners Vs. Md. Ghulam Mustafa and o..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
....pplication along with the other materials on record including the impugned judgment and order. The main point for consideration is, as already noticed, whether the learned District Judge was right in holding that Artha Rin Adalat committed illegality in rejecting the 2nd Artha Execution Case on the ......with the issuance of a certificate under section 33 (5) of the Artha Rin Adalat Ain, 2003. Rather it remains alive till the possession of the property alleged to have been sold in auction, was handed over to the auction purchaser. .................... (17) Cases Referred to- IF..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....does not have any interest in that khatian. The words "one or more co-sharer tenants of such land" occurring in section 24 of the Non-Agricultural Tenancy Act means a co-sharer in the plot not the holding as mentioned in section 96 of the State Acquisition and Tenancy Act.…………………â€......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y the Adalat is ex facie illegal since the same was issued beyond the scope of the express provision of Ain itself. He further submits that there is no scope to issue a certificate of this kind after holding auction under section 33(4) of the Ain and if the decree-holder bank is willing to take over......ort, is that the respondent No.3 Islami Bank Bangladesh Limited Benapole Branch, Jessore on 25-1-2007 instituted a suit before the Joint District Judge and Artha Rin Adalat, 1st Court, Jessore for recovery of loan money amounting to Taka 27, 64,841 by selling mortgage properties against the M/s Join..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....st thereon and made a report and he signed the inquest-report as a witness. 33. In his cross-examination, P.W.2 Md. Tajul Islam states that nobody could identify the beheaded body at the time of holding of the inquest and at about 4-00/4-30 PM, the police took away the body to Savar Police Stat........... (61) Overt act on the part of each accused In order to support a conviction under section 34 of the Penal Code, mere presence would not be sufficient, but there must be proof of some overt act on the part of each accused done in furtherance of the common intention. ...... (86) ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
...., who transferred the case land to opposite-party Nos. 1 and 2 by a so-called deed of exchange in order to defeat the right of pre-emption of the petitioner. The pre-emptor is a co-sharer of the case holding and the pre-emptee opposite-party Nos.1 and 2 are stranger to the case land. No notice of tr......d Court, Gazipur in Miscellaneous Case No. 6 of 2004 is set-aside and accordingly, the appeal being Miscellaneous Appeal No. 34 of 2001 is re-admitted. 28. Since, the case has been dragging over a period of 12 (twelve) years, the Court of appeal below is directed to hear and dispose of the..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....urt Division has thoroughly considered and discussed the evidence of witnesses and disbelieved the prosÂecution case as regards the respondent's comÂplicity in the murder of victim Nilufar Rashid holding that P.Ws.1, 2,3,4,5, 6 and 10 who are the near ones of the victim failed to substantiate t......nt of time involved in order to sustain his defence. It is sufficient for him to raise a reasonable doubt of his presence at the scene of occurrence at the time that it was committed. But, it must cover the time when the offence is shown to have been committed, so as to preclude the possibility o..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... Court Division has thoroughly considered and discussed the evidence of witnesses and disbelieved the prosecution case as regards the respondent's complicity' in the murder of victim Nilufar Rashid holding that P.Ws.1, 2, 3, 4, 5, 6 and 10 who are the near ones of the victim failed to substantiat......t of time involved in order to sustain his defence. It is sufficient for him to raise a reasonable doubt of his presence at the scene of occurrence at the time that it was committed. But, it must cover the time when the offence is shown to have been committed, so as to preclude the possibility o..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....nce Corporation by mortgaging the suit plot with it on 17-5-1967. Engineer Shamsul Kabir Humayun Reza of Bara Mogbazar mutated his name with the revenue department of the Government, opened Municipal holding in his name in respect of the suit plot and took connections of various utility service...... in 1950 worked as site Engineer for 2(two) years under Messrs Bridge and Roof Company, India and then migrated to Dhaka and joined C&B Department in 1951 as an Assistant Engineer under the then Government of Pakistan. While serving in C&B department, Engineer Shamsul Kabir Humayun Reza of 1..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
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