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Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)

.... this is an old Revision of 2000, we are inclined to take it up for disposal on merit considering the materials on record. 8. The learned Deputy Attorney-General appearing for the State Opposite party opposes the Rule, and submits that the learned Magistrate acted within the ambit of law i......tion at any stage of the proceeding if it appears that further inves­tigation is required for collection of further evi­dence. On behalf of the state an applica­tion was filed for further investigation stating that the investigating officer left out some eye witnesses in respect of the o..

Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2

Bangladesh Agricultural Development Corpora¬tion and others Vs. Md. Abdur Rashld and others, 2014, 43 CLC (AD)

....peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 257 ......peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 257 ..

Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

.... saving a group of privileged people from cor­ruption cases by ignoring fundamental rights of the people of the Country to save a small privi­leged class. 7. It is further argued that as part of amend­ing the Anti-Corruption Commission Act, 2004, some proposals were made by the rele......id. 32. If we have a glance at the Anti-Corruption Commission Act, 2004, under section 17(j) of the Act, 2004 the functions of the Commi­ssions are to determine the procedure of the enquiry, investigation, filing cases and also proce­dure of according sanction of the Commission filing c..

Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5

Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)

....hat with a view to avoiding legal complications. The deed was executed as a deed of sale but from the long period of 10 years men­tioned in the deed as well as from the subsequent conducts of the parties, it would clearly appear that the intention of the parties was to make it a mortgage by cond......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ..

Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15

Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)

....alim,son of late Abdur Rauf and the Managing Director, Gomati Housing Ltd. HouseNo.38 (1st Floor) Road No.5, Block-G, Police Station-Banani,District- Dhaka…………... Opposite parties (In both the revisions) Judgment January 21, 2014. Result: Both the Rule......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111

State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)

.... Senior Special Judge, Dhaka is directed to pro­ceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ......sued four cheques for Taka 80, 69,500 in favour of the informant, Abu Bashar, which were dishonoured. The informant lodged a First Information Report (FIR) at Ramna Police Station on 27-3-2001. After investigation, the police submitted charge sheet against the accused, who upon arrest prayed for bai..

Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

.... occu­pation army of Pakistan for liberation of the coun­try. The petitioner, an activist of Islamic Chhatra Sangha not only collaborated with the anti-libera­tion force but also directly participated in the killing, rape and other nefarious activities with the occupation army and the lo...... that this Division has committed error of law on the face of the record in failing to appreciate the material contradictions between the depositions of the witnesses and their statements made to the investigation:    officer of the case and that if such contradictions are taken into ..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)

.... charge by dividing the period into three and resumed the trial and convicted the appellant under section 409 of the Penal Code and sentenced him to suffer rigorous imprisonment for one year for each particular period. 6. Being aggrieved by and dissatisfied with the judgment and order of convic......egation the local Anti-Corruption Bureau inquired into the matter and verifying the correctness of misappropri­ation lodged First Information Report at Kushtia Police Station and they took up the investigation. 3. After investigation charge-sheet was sub­ mitted under section 409 the Pe..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26

Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)

....nal Sessions Judge, Second Court, Noakhali in Session Case No. 11 of 2002 (arising out of Sonaimuri Police Station Case No.1 dated 04.01.2001corresponding to G.R. No. 156 of 2001) acquitting opposite parties 1-20 from the charge under sections 448, 387, 307, 325, 326 and 380 of the Penal Code. 2. ......d local witnesses rushed tothe place of occurrence. At the same time the local police from the nearby police camp rushed to the spot and caught hold of fourteen of the offenders. 3. The police after investigation submitted charge sheet on 03.08.2001 under sections 143, 448, 323, 324, 326, 307, 387,..

Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24

Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)

....ance Order No.1973 (PO No.7 of 1973) for realization of the loan amount along with interest, being an amount of Taka 16, 57,483.12 as on 31-10-2000. The learned District Judge, Dhaka after hearing ex parte by his order dated 25-6-2003 allowed the miscella­neous case. After that, the HBFC as the ......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..

Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17

Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....Commissioner of Taxes....................Respondent Judgment November 14, 2013 Result: No answers to questions (b) and (c). The appeals are remanded to the Tribunal to decide part of question (a) in the light of observations made in the judgment. Questions formulat......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ..

Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

.... by him that he could not ascer­tained whether the convict-appellant obtained such standing order with the approval of the Board of BCIC. It is also admitted by him that it is not possible on his part to say that an adjust­ment is possible with the fund of Ministry of Industries and the fund......appropriated the amount of BCIC and thereby abused his power and ille­gally obtained pecuniary advantage. Hence, the case. 4. The informant himself investigated the case who in course of his investigation, seized the relevant documents and also recorded 161 state­ments of the witnesses...

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)

....harma (P) Ltd. (2002) 1 SCC 234; KK Sidharthan TP Praveena Chandran (1996) 6 SCC 69. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Appellant. (In both the cases) Ex-parte—For the Respondent. (In Criminal Appeal No.30 of 2004) ASM Khalequzzaman, Advocate-......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ..

Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....; Conferee Ltd. Vs. Titus Gas Transmission and Distribution Co. Ltd., 42 DLR 33; Rv Criminal Injuries Compensation Board, ex p Lain, [1967] 2 All ER 770 at 778, [1967] 2QB 864 at 882; Jockey Club, ex-parte Aga Khan, [1993] 1 WLR 909; Rv. Lloyd s of London, ex parte Briggs, [1993] 1 Lloyd's Rep 1......ith­in the purview of public law. It may be said with some justification that this criterion for amenability is very broad, not to say ques­tion-begging. But it provides the framework for the investigation that has to be conducted. There is a growing body of case-law in which the question of..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)

....f the High Court Division in Writ Petition No.3426 of 1999 discharging the Rule. 2. The facts involved in this appeal, in brief, are: The appellant is a construction firm which successfully participated in the tender floated by the respondent, Khulna University on 1-3-1992. On 10-4-1992, t......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..

Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28

State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

.... before the High Court Division, which was successful and the appellants were acquitted. Hence, the State as petitioner filed the Criminal Petition for Leave to Appeal No.37 of 2001. Upon hearing the parties this Division granted leave to consider whether the High Court Division ought to have consid......o record the First Information Report (FIR). A memorandum was handed over to the Deputy Commissioner and the Superintendent of Police'. Ultimately on 24-10-1995 the police accepted the FIR. After investigation the police report was sub­mitted on 17-2-1996 stating that the case against the ac..

Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....al transactions and in this respect, his directives were final and he would bear all responsibilities therefor. 38. The P.W. 3 Jamshed Minhaz Rahman also states in his evidence that in the first part of 2006, the Administrative Officer (Accounts) came to him with some purchase vouchers and rece......o the Government. After completion of the inquiry, the P.W.1 Abdullah-al-Zahid lodged a formal ejahar with the Police Station concerned. After lodgment of the ejahar, the case was endorsed to him for investigation. Having taken up investigation of the case, he visited the place of occurrence, examin..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....CHQ'), 3 All. E.R. 935; R Vs. North and East Devon Health Authority exp Coughlan [2001] QB 213, at paragraph 57; R (on the application of Nadarajah) and Abdi Vs. Secretary of State for the Home Department, [2005] EWCA Civ 2363; R. (Bhatt Murphy) and Others Vs. Secretary for the Home Department, ......mar, 2010, the Indian Supreme Court has applied the principle of Wednesbury unreasonableness as well as the doctrine of proportionality. The case involved appointment of some railway employees, where investigation done by the CBI (Central Bureau of Investigation) found mass irregularities including ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....CHQ'), 3 All. E.R. 935; R Vs. North and East Devon Health Authority exp Coughlan [2001] QB 213, at paragraph 57; R (on the application of Nadarajah) and Abdi Vs. Secretary of State for the Home Department, [2005] EWCA Civ 2363; R. (Bhatt Murphy) and Others Vs. Secretary for the Home Department, ......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)

....isions have made regarding the person, property, time and manner in which the enrolment is to be made and in this con­text section 50 authorises the Administrator to decide the question whether a particular prop­erty is waqf property or not and the order made by the Administrator under this ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..

Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5