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Somed Ali Vs. State, 2011, 40 CLC (AD)

....ed to assault her as she did not agree to sell ornaments and that he did not live in the room. The P.W. came to the house of his son-in-law in the last part of Ashwin and informed the matter to Momen member, Khurshed Ali, Paresh Mia, and Jitu Mia who assured him to take necessary step in the matter.......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ..

Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27

Moulana Motiur Rahman Nizami and another Vs. Anti-Corruption Commission and another, 2011, 40 CLC (HCD)

....favour of the execution of the contract with CMC Consortium and placed such proposal to the Cabinet Purchase Committee at the behest of the Ministry of Energy where both the accused-petitioners being members of that committee accepted such proposal of the Ministry, ignoring the recommendation of re-...... Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 1. ...... Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 1. ..

Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96

Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)

....only various links in the chain of evidence be clearly establish, but the completed chain must be such as to rule out a reasonable likeli­hood of the innocence of the accused." 11. It should be remembered that in case of circumstantial evidence, the circumstances must be conclusive nature. If tw......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...

Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190

Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)

....these transactions in DSE. However, the Committee could gather that it is a syndicate comprising three mem­bers. Two are brokers of DSE namely Mr. MG Azam Chowdhury and Mr. Shahidullah. The third member is Professor Mahbub Ahmed, Department of Accounting Dhaka University. There is however no off...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..

Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9

State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)

.... on it, marked as Exhibit 2 and 2/1. In cross-examination he stated that the house of the informant is 1 (one) mile away from his house. He went to the place of occurrence by his motorcycle. He found members Jibon Krishna Saha and Dilip Gomez in the place of occurrence. He denied the defence suggest......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.   ......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

Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ......ক্সজিবিট-১। The learned counsel further contended that to ascertain the title of the suit property in the earlier occasion the Forest Department of the government of the then East Pakistan filed a dispute case being No. 10/68 about the land of Telihati Mouza CS Khatian No. 118, D......; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ..

Category: Property Law | Date: 19 Oct, 2011 | Hits: 4

Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)

....al below though suspected the claim of the con­testing defendants that Paresh Nath filed solenama in their suit for specific performance on the reasoning that it was not a believable story that a member of Hindu community would file solenama during the war of liberation, on the other breath, be......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ..

Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11

Humayun Kabir Patwary Vs. Secondary and Higher Secondary School Educa­tion Board, Comilla and 5 others, 2011, 40 CLC (HCD)

..... Secondary and Higher Secondary SchoolEduca­tion Board, Comilla and 5 others………………………….Respondents Judgment August 25, 2011. Result: The Rule is made absolute. Can a local member of the parliament lawfully interfere with the election process of the Managing Committee of a......he date of receipt of this Judgment, positively. Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 64 DLR (HCD)(2012) 65. ......he date of receipt of this Judgment, positively. Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 64 DLR (HCD)(2012) 65. ..

Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5

Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)

....ddin was employed as the Mess boy of the vessel M. V. ACCORD and the plaintiff in Admiralty Suit No.40 of 2000, Mr. Ramli Yadi K was employed as the O.S. of the vessel M. V. ACCORD. All these 11 Crew members, while working as such in the vessel M.V. ACCORD, on and from 2.12.1999 came to Bangladesh o......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87

KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)

....r the petitioners, appearing with Mr. Md. Iftekhar Jonaed, learned Advocate, at the very outset draws out attention to Rule 8 of the said Rules and submits that under Rule 8 inclusion of two outsider members in the Evaluation Committee is mandatory, but the Evaluation Committee in question was const......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. ......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

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. ......lusion one way or the other. The Supreme Court set-aside the judgment of the High Court and directed the investigating agency to proceed with the inves­tigation. 42.  The Supreme Court of Pakistan and' this Division took similar views. In Government of Bangladesh Vs. AT Mridha, 26 DLR ......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)

....e learned Deputy Attorney General appearing for the State supports the reference and submits that explosions caused on 17-8-2005 throughout the whole country were identical, and the exploders are the members of JMB. He adds that although there is no direct evidence against the accused but considerin......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.     ......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.     ..

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)

....s no scope for raising the question of defect of parties on account of non-joinder of neces­sary parties, for the first time in revision". 16. In Abdur Rashid Sarker's case (58 DLR (AD) 159), two member Bench of this Division noticed the earlier cases including the case of Abdus Samad and observ......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. ......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)

....ষক হইতে হইলে রেজিষ্ট্রেশন হইতে হয়”। 29. P.W.9 Jahibul was tendered and he was declined to cross-examine by the defence side. 30. One member of the Managing Committee named Majid was examined as P.W.10 who added in his examination-in-......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: ......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

Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)

.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... of instead of 0.7187 acres to defendant Nos.4-8 and defendant Nos.9-10 making sale of non-exist­ing property. 6. Plaintiff's case in nutshell is that the suit land was originally belonged to Pakistan Tobacco Company Ltd. After liberation of Bangladesh as per provision of President Order No...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ..

Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6

Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)

....is visibly ravaged life line of the city. 3. The petitioner a practicing lawyer of this Hon’ble Court, also claims to be a human rights activist and conscious citizen of the country and is a member of the aforenamed organisation. He is taken aback at the passivity and indolence of the resp......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:    ......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:    ..

Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37

BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in:  ......nse to the notification dated 17.09.2009. The EOI was, in fact, submitted by the BGP (Bangladesh) International without any signature and address stating, inter alia, that it was submitted by BGP (Pakistan) International and that “BGP(Pakistan) International was responsible to receive and prep......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in:  ..

Category: Civil Law | Date: 29 May, 2011 | Hits: 21

Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)

....omoters transfer their shares then the transferees do not become promoter or sponsor shareholders. This right is a right in personam. This right can be enjoyed by the promoters so long they remain as member of the company…........... (70) Sponsor shareholders not eligible to participate ......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. ......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

Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)

.... the said Act, the main function of the Non-Party Care-taker Government was to give all possible aid and assistance to the Election Commission that may be required for holding the general election of members of Parliament. Under Article 58D (1), the functions of the Caretaker Government is restricte......sp;   Result: The Petition is dismissed Cases Referred to- Governor-General's Reference No.1 of 1955, 7 DLR (FC) 395; Sindh High Court Bar Association Vs. Federation of Pakistan, PLD 2009 SC 879; Re Governor-General's Reference of 1955, VII DLR 1955 (FC) 395. Lawy......nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ..

Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267

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. ......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. ......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