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State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......used voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usually said to be the presumption that no person will make a statement against his interest unless it is true; at all events, such confession may reasonably be taken to be true as ag..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......used voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usually said to be the presumption that no person will make a statement against his interest unless it is true; at all events, such confession may reasonably be taken to be true as ag..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....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. ...... 10. Defendant Nos.5-8 (RAJUK and its officials) in their written statement contended, inter alia, that the suit plot was allotted to Engineer Shamsul Kabir Humayun Reza, the predecessor-in-interest of the plaintiffs by the then DIT and after he paid the installments against the plot, pos&..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
....he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......rts bellow during disposal of the suit as well as the appeal failed to consider that according to law any one of the plaintiffs is entitled to depose on behalf of all the plaintiffs in case of common interest as the instant case be. The learned appellate Court committed further error of law in not c..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ....... Khan Ziaur Rahman, Advocate-for the Respondent Nos. 5 and 8. Writ Petition No.14465 of 2012. Judgment Naima Haider J.- This writ petition designed and styled as a public interest litigation has been filed by an Advocate and a human rights activist who is the Member of..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ...... till the date of delivery, or he may treat the contract as rescinded and use for damages for the breach. 61. (I) Nothing in this Act shall affect the right of the seller or the buyer to recover interest or special damages in any case where by law interest or special damages may be recoverable,..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....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: ......legations made in the plaint and contending that the suit land was correctly recorded in the name of the government and since the land is recorded in favour of the Bangladesh Government all title and interest have been vested upon the government. 7. The trial court on consideration of the materi..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......;of the Article of Association of the Respondent No. 1 Company stipulates that if the Chairman, Vice Chairman, Managing Director or Executive Directors are engaged in any activities subversive to the interest of the Company or failed to perform their duty they may be released from their office as pe..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ......writ petitioner’s contention in respect of project No.26 for Tk.10,00,000/- is not correct and denied. It is also stated in the affidavit-in-opposition that the writ petitioner cannot claim any interest over the fund allotted for the financial year 2002-2003 since by the Memo No. 8.6.2002 the ..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....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. ...... available. This power has not been vested upon the High Court Division where another remedy is available. This is an extra-ordinary power and is exercised in extra-ordinary circumstances in the interest of justice." 34. Since there is scope for the accused-petitioner to agitate and p..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......e-holder bank an opportunity to defend the order and therefore, this order had no sanctity of law and the decree holder — as not bound by the said direction. Similarly, no right, title and interest in respect of the mortgaged property was conferred upon the purchaser Ragib Ali o..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......deemed to have been accorded by the commission, or deemed to have been accorded by it, or to be accorded by it in future to the issue of capital should be subject to certain further conditions in the interest of investors and the capital market"; while para 2 of the said notification dated 5-5-..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......will have to face and thereby an opportunity is to be given him to explain any such point. Examination under this section is not intended to be an idle formality. It has to be carried out in the interest of justice and fair opportunity to the accused. It is intended for the protection and benef..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......e of a occurrence, do not support the prosecution story of recovery of arms or ammunition from the possession of the accused, it is unsafe to base conviction on the evidence of police personnels interested in the prosecution case." Fourthly: It appears from the record that the appella..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
.... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
...... filed the original suit for declaration before the court of learned Senior Assistant Judge, NarailSadar and in the Constitution under Article 135(2)(iii) where the President is satisfied that in the interest of the security of the State it is not expedient to give that person an opportunity, the Pr..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......property under that Order has been issued, or (b) a declaration that a building is not an abandoned property and has not been vested in the Government under the President's Order or the right or interest of any person in any building has not been affected by the provisions of that Order, or ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......leum and alike product to various government offices and non-government organizations. The assessee-applicant also derives income from import and sale of agro chemical products and also from the bank interest. The books of account of the assesses-applicant are maintained regularly under the mercanti..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......ional Airport, Dhaka (hereinafter referred to as the Biman) which were extended for the second term for another 90 days in the same posts and the same place out of practical necessity and in the interest of the Biman and thereafter, they were appointed for the 3rd term and again for the 4th ter..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ...... need of money in connection with his business approached the plaintiff for a loan of Taka 1,50,000. The plaintiff agreed to pay the said amount as loan for 1(one) year on the condition of paying him interest of Taka 15,000 and on execution of an agreement, both went to Mr. MA Kalam Chowdhury, Advoc..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......Inherent powers of the High Court Division The inherent powers of the High Court Division is neither an alternative nor an additional in its correct sense and is to be rarely invoked only in the interest of justice so as to seek redress of grievances for which no other procedure is available. T..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
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