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Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)

....f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......ed the place of occurrence and prepared a sketch map along with an index thereof. He proved the sketch map with his signature and Index as Exhibit.4, 4/1 and 5 respectively. He examined-witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and found a prima faci......below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ..

Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8

Kamal Vs. State, 2012, 41 CLC (HCD)

....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145.   ......5. P.W.6, SI Md. Rafiqul Islam in his examination-in-chief stated that he was appointed as investigating officer of the case, he visited the place of occurrence, prepared sketch map along with index, recorded statements under section 161 of the Code of Criminal Procedure and having found prima facie...... down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145.   ......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145.   ..

Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2

Jnanendra Nath Barai Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2012, 41 CLC (HCD)

.... 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 ......ver went to India after selling his landed properties rather he read upto class 7(seven) in this country under Police Station Kotalipara of Gopalganj District. In the year 1961 his name has been duly recorded in S.A. Khatian and the lands are still under his possession along with his co-sharers and ...... necessary action. 33. Send back the Lower Court's Record immediately. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 3 ...... 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 ..

Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3

Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

.... টাকা মাত্র। 17. The learned senior counsel Mr. Sarder Jinnat Ali upon indicating the provision of section 82c of the Income Tax Ordinance, 1984 argued that the concerned DCT wrongly considered the assessee-applicant as a 'supplier' and therefore, the above assessmen......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 ......urt is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......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 ..

Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5

Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)

.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477.     ...... rectification of Register of members and to pass necessary orders accordingly. 5. Learned Advocate Mr. Moksedul Islam appearing for the respondent No.3, in his argument, reiterated the facts as recorded herein before and emphafically submits that there is no clear documents to ascertain the ti......r of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477.     ...... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477.     ..

Category: Company Law | Date: 6 Aug, 2012 | Hits: 8

Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)

....iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ................Respondent Judgment August 6, 2012.  Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 161 A statement recorded under section 161 of the Code of Criminal Procedure is not a substantive evi­dence. Mer......ence. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ..

Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7

Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)

....ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......ccused fled away. Subsequently, an F.I.R. was lodged with the Bhangoora Police Station resulting in Bhangoora P.S. Case No.2/31 dated 15.11.1993. 4. Police took up investigation of the case and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. On con......ly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113

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. ......ribed in the schedule to the agreement dated 27-9-1982 and in fact, the same stood as a security for the loan of Taka 1, 50,000 taken by the defendant and this verbal statements of the plaintiff were recorded in a cassette and because of such admission of the plaintiff, the suit was not maintainable...... leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ...... 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. ..

Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....of investi­gation he seized ‘break down' call list of mobile phones 018313284, 018311175 and 017750895 and found that the owner of phone No.  018311175 was Yasin Rahman Titu but he wrongly mentioned the number as 018313284 and that Alamgir Chowdhury is the owner of Phone No.017750...... as major contradictions and on this score, no reliance could be attached upon her so far as it relates to the story of threat. 44. When a witness 'is contradicted with his earlier statement recorded by the police in course of investigation, the only effect that it can have is to reduce the...... Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36

Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)

....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308.       ......rchased the suit land by his own money and got possession thereon. He stated possessing the entire purchased land and continued his possession for more than 12 years. During SA operation the land was recorded in the name of his name-lender namely, Akhil Chandra Biswas who died leaving behind the def......o Reported in: 18 BLC (HCD) (2013) 308.       ......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308.       ..

Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5

MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)

....oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ...... 233 has invested this court with wide powers to pass appropriate orders as permitted by the clauses (a) (b) and (c) to sub-section (3) of section 233 of the Act. 10. In view of the deliberation recorded above, this petition merits to be allowed in part with necessary direction. 11. In the......iving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ..

Category: Company Law | Date: 31 Jul, 2012 | Hits: 16

Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....ill (Annexure-E &  E-1)  of the petitioner under Contract No. 09689 dated 16-1-2008 executed by and between the respondent No. 2 and the petitioner for 50 MW Power Plant at Shahjibazar (wrongly written as Kumargaon) Sylhet, should not be declared to have been passed without lawful auth......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..

Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6

Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ......peal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the accused. ........... (49) ......ur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ...... sons of late Maharaj Pran Krishna Sing Bahadur, Maharaj Kumod Krishna, Nirod Chandra Sing, Nogendra Chandra Sing and Dijendra Chandra Sing sons of late Maharaj Krishana Singh Bahadur who were the CS recorded owners and possessor of the suit property and their names have been recorded in CS Khatian ......t at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......l mandate, malafides, non-compliance with rules of natural justice and perversity.” 43. In the cited case Supreme Court of India further observed that the decisions taken, orders made, findings recorded or conclusions arrived at by Indian Legislatures are subject to judicial review, on limited......with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

Nalu Vs. State, 2012, 41 CLC (AD)

....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......d the place of occurrence, prepared the sketch map of the place of occurrence with separate index, held inquest on the dead body and prepared inquest report, seized alamots and prepared seizure list, recorded statements of the witnesses under section 161 of the Code of Criminal Procedure. Police arr......r life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ......aid order in the High Court Division. The Secretary, Ministry of Lands, contested the writ petition and claimed that the Revenue Officer legally changed the record in accordance with law since the recorded tenant Gulshan Roushan Ally left this country in 1971 and his whereabouts had not been tra......t any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)

.... land where from they have been dispos­sessed by practice of fraud although they are neither borrowers nor guaran­tors and as such not judgment debtors. III. Because the High Court Division wrongly found that the executing court became functus officio after granting certificate to Bank de......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......tended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ..

Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16

Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)

.... and the plaintiff proceeded with the earlier suit bona fide with the diligence and in good faith and he under the advice of his lawyer instead of filing the suit for specific performance of contract wrongly filed the suit for redemption of the suit land from usufructuary mortgage and that the plain...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ..

Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18

City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......g appeared in person disclosing that the respondent No. 4 sub­mitted a certificate alleged to have been issued by him, before the Labour Director forging his signa­ture; the said GD Entry was recorded vide GD No. 528 dated 7-12-2010 with the said police station. Thereafter, the respondent No......mpted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..

Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2