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Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)

.... With the above observations and direc­tions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485.     ......eby commit­ted contempt of this Court. 32. Let us decide the question of maintain­ability first. Admittedly contempt petitioners were added respondents in the writ petition and they were interested parties to the matter in dispute. Petitioners are directly recruited BCS cadre fami­l......le is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485.     ...... With the above observations and direc­tions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485.     ..

Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4

Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)

....nd cognizance is taken thereunder. Cognizance starting point of criminal case A criminal case starts from the stage of taking cognizance. Unless cognizance is taken, the FIR named suspected persons are not accused before the court in the eye of law. Non-existent case can not be quashe......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278.     ...... and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278.     ......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278.     ..

Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4

Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)

.... Affairs, Government of Bangla­desh   and   Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474.   ......efficiency and in capability of the said Judge to perform the judicial work. In his explanation he did not mention whether within last 2 (two) years he informed about the said illegal pressure of the interested quarter and his embarrassment to the concerned authorities. If we accept this explanation...... and   Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474.   ...... Affairs, Government of Bangla­desh   and   Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474.   ..

Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3

Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....the governing body. (2) Where a governing body is suspended under sub-section (1), the registration Authority shall appoint an administrator, or a caretaker body consisting of not more than five persons, who shall have all the authority and powers of the governing body under the constitution of......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139     ......on. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139     ......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139     ..

Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6

Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)

....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......IR failed to disclose any offence. 52. The nature of the FIR also gives us enough food for the thought that this is a tailor made FIR which may have been complied to suit the purpose of certain interested quarter as Mr. Islam submitted, at a time when the country was ruled by a controversial c......tant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77

Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)

....cause co-accused Tarique Rahman as the petitioner virtually challenged the legality of the proceedings there. Wherein Hon'ble Appellate Division observed that prima-facie case against the accused-persons including the accused-petitioner has been disclosed in the FIR, investigation report and oth......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......e Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ..

Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5

Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)

.... in presence of Milon Mia, Shahadat Hossain and Husna Begum. Victim Rokeya Begum was rushed to Chandiber Hospital by Ahid Miah and Nadir. The Doctor at the Emergency Department declared her dead. The persons present ran and caught theaccused with the blood stained sword in his hand while he was tryi......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......The State.…………………………..............Respondent Judgment November 26, 2012. Result: The Jail Petition is dismissed. Cases Referred to- State Vs. Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222. Lawyers Involved: ......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145

Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......e of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ..

Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5

Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)

....ary, Ministry of Information Technology Communication (ITC) as its Member within one month from the date of receipt of the judgment and order and take discipli­nary action against the responsible persons accord­ing to law without fail to prevent recurrence of sim­ilar incidents affecting...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......153 seats which fell vacant due to transfer or non admission of some students till disposal of the Rule. It further appears that the High Court Division by order dated 15-3-2012 requested the eminent educationists, the Dean of the faculty of science and the Chairman of the Department of English of D..

Category: Others | Date: 22 Nov, 2012 | Hits: 20

Khorshed and another Vs. State, 2012, 41 CLC (HCD)

.... of the common intention. ...... (86) Pre-concert or pre-arranged plan essential For the application of section 34, it must be established first that a criminal act has been done by several persons and secondly that all the participants intended that the criminal act should be done and las......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241         ......udgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241         ......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241         ..

Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8

Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

....s of various utility services, such as: WASA, Electricity and Titas gas in his own name and paid tax, rents and bills accordingly. He had also let out the said building to different organizations and persons and lastly, it was let out to Aftab Multipurpose Firm Ltd. The names of the tenants are: (1)......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......ccordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Md. Mosharraf Ali Khan and others Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others, 2012, 41 CLC (HCD)

....he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ......y were terminated as per Sonali Bank Service Rules. 15. I have come-across that the learned trial Court in deciding the issue No.2 i.e. on point of defects of parties opined that all the parties interested in the subject matter of the suit inasmuch as have impleaded as party in the suit there i......(Civil) Present: Soumendra Sarker J Md. Mosharraf Ali Khan and others………………….....Petitioners Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others&helli......he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ..

Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4

Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

....betment of a thing—A per­son abets the doing of a thing, who— First—Instigates any person to do that thing; or, Secondly—Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omis­sion takes plac...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116.       ......ed to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116.       ...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116.       ..

Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7

Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)

....l Case No.30 of 2007. 5. Charge was framed against the accused-respondent No.1 under sections 165(ka)/109 of the Penal Code in absentia and also charge was framed against the other four accused persons separately under sections 161/165(ka)/109 of the Penal Code read with section 5(2) of the Pr......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......h Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611

The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)

....credibility of testimony oral and circumstantial, depends considerably on a judicial evaluation of the totality, not isolated scrutiny, When dealing with the serious question of guilt or innocence of persons charged with crime, the following principles should be taken into consideration. a) The......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..

Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7

Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)

....quot;A notice must allowed a reasonable time to check-up the details of the assets of a person, if necessary, on examination of his records and after consultation with his lawyers and other concerned persons, sec­tion 26 certainly does not envisage a notice upon a person who is in detention and ...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1.     ......ong with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1.     ...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1.     ..

Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20

Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)

....the lands of Khatian No.168 and 16 respectively, for valid and valuable considerations sold the entire lands of Khatian No.168 and 16 by registered sale deed dated 25.12.52 to the Vendor and 19 other persons clearly demarcating in the map annexed with and forming part of the said sale deed the speci......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......d another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 15 Oct, 2012 | Hits: 191

Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)

....not been entered in the accounts. Accordingly, the final report was submitted in the case and a fresh FIR was lodged by Sabiur Rahman, Sub-Inspector of police of Kotwali Police Station against 6(six) persons, namely: (i) Kaisor-u-zzaman (the petitioner), (ii) Nasrin Chowdhury (iii) Ahmed Chowdhury (...... Bidhimala framed thereun­der keeping in view of the observa­tions and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ...... of the observa­tions and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ...... Bidhimala framed thereun­der keeping in view of the observa­tions and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..

Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6

Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)

....Haque reported in 21 BLC 454 wherein it has been laid down :— "It cannot be left to the wild imagina­tion of the complainant. There must be specific accusation against each of the persons impleaded that such person was in charge of and responsible for the conduct of the business ......the case in accordance with law. Let a copy of this judgment be communi­cated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ...... this judgment be communi­cated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......the case in accordance with law. Let a copy of this judgment be communi­cated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ..

Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21

Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)

....ority. A notice must allow a reasonable time to check-up the details of the assets of a person, if necessary, on examination of his records and after consultation with his lawyers and other concerned persons. Section 26 certainly does not envisage a notice upon a person who is in detention and he is......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......d a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ..

Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95