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State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....n intention animating to the accused leading to doing of a criminal act in furtherance of such intention. The distinct feature of section 34 is the element of "participation in action." There must be prior mitigating of minds and pre‑arrangement and pre‑meditated concert. Criminal sharing overt ......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..

Category: Criminal Law | Date: | Hits: 69

Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)

....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285....... shall apprehend accused‑appellant and put him behind prison bars. 67. Copy of Judgment be transmitted to: I. Additional Sessions Judge and Special Tribunal No. 8, Comilla, II. Secretary, Ministry of Home Affairs, III. Inspector General of Police, Police Head Quarter, Dhaka IV. Sup..

Category: Criminal Law | Date: | Hits: 64

Sultan Mahmud Chowdhury Vs. Secretary, Ministry of Public Works and Urban Development & others, 2004, 33 CLC (HCD)

....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 269. ......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 269. ......inal Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Sultan Mahmud Chowdhury ............................................................Appellant Vs. Secretary, Ministry of Public Works and Urban Development & others........Respondents Judgment March ..

Category: Property Law | Date: | Hits: 73

Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)

.... Morshed was seriously injured by the shots. He was under treatment at Dhaka Medical College Hospital when the first information report was lodged. Thereafter, he succumbed to his injuries. However, prior to his death, the victim made a dying declaration at Dhaka Medical College Hospital. The poli......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..

Category: Criminal Law | Date: | Hits: 60

Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)

....tioned above on 22‑10‑2002 submitting charge-sheet on 27‑11‑2002 and thereafter, the case has been sent to the Speedy Trial Tribunal for disposal and that the charge‑sheet already submitted prior to the date of filing of the writ petition there being no statement in the application that th....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......inal Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents Judgment March 24, 2003. Case Referred to..

Category: Criminal Law | Date: | Hits: 63

Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)

....rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......s for the fair value of the goods in the international market. He further submits that the invoice value of the goods was duly endorsed by an official seal and signature of the Consular Department of Ministry of Foreign Affairs of the People's Republic of China, which was duly attested by a First Se..

Category: Fiscal/Taxation Law | Date: | Hits: 78

H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)

....p with the School or its management committee, whereas the impugned memo has been addressed to the President of the Managing Committee of the School. Apart from that there is no material to show that prior to challenging the impugned memo the managing committee of the School required the Board to su......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......rim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J H.M.A. Sattar.....................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariate, Ramna, Dhaka and others.................Respondents ..

Category: Civil Law | Date: | Hits: 90

Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)

....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......US $ 1,806,816, to the Corporation as compensation. After negotiation, the Corporation addressed letters dated 14‑5‑2000 and 16‑5‑2000 to the plaintiff informing that under instruction of the Ministry it agreed to pay compensation of US $ 614,855.25 and further US $ 100,000 for loss of goodw..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)

....n the first information report it has been clearly mentioned that accused opposite party No.2 Samir and other accused named therein had previous enmity with the informant's father and on 8‑7‑1998 prior to the date of occurrence there was a quarrel between the informant party and the aforesaid ac......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..

Category: Criminal Law | Date: | Hits: 82

Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)

.... feature of section 34 is the element of "Participation in action". The common intention implies acting in concert, existence of a pre‑arranged plan and pre­supposes a pre‑concert. There must be prior meeting of minds. 57. Criminal sharing of overt or covert act by active presence or by dist......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..

Category: Criminal Law | Date: | Hits: 54

Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....intendent (Superintendent Preventive Service) and Principal Appraiser and the post of Preventive Officer and Appraiser have also been upgraded to Class‑I and Class-II (non Cadre) respectively. That prior to 24-­8‑1992 the pay scale of Superintendent of Customs and Excise was Taka 2300‑4480 wh......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ..

Category: Employment/Service Law | Date: | Hits: 116

Ocean Containers Ltd. Vs. Government of Bangla­desh and others, 2002, 31 CLC (HCD)

....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250........e. 2‑12‑1999 and therefore, the application for tax exemption, even though it was made within 180 days of its commercial operation, was of no avail to it. 3. The government acting through its Ministry of Finance and the NBR appeared and contested the Rule by filing affidavit-in-opposition co..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Syed Afsaruddin Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (AD)

....and thus there is no merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127. ......and thus there is no merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127. ...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Syed Afsaruddin....................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others....…………..Res..

Category: Property Law | Date: | Hits: 54

Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)

.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......h has been challenged by the petitioner. 8. Mr. Zainul Abedin, the learned Advocate appearing on behalf of the petitioner placed before us a copy of the SRO issued by the Government of Bangladesh, Ministry of Finance Internal Resources Division (Customs) dated 28-10-93 to show us that Crude Degum..

Category: Fiscal/Taxation Law | Date: | Hits: 79

Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others, 1998, 27 CLC (HCD)

.... (a) for the purpose of investigating an offence under sections 403, 406, 408 and 409 and sections 421 to 424 (both inclusive) and sections 465 to 477A (both inclusive) of the Penal Code, with the prior permission in writing of a Sessions Judge; and (b) in other cases, with the prior permi......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145.......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145...

Category: Criminal Law | Date: | Hits: 41

Mainul Haque (Md.) Vs. Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, 1998, 27 CLC (HCD)

....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 136.......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 136.......preme Court High Court Division (Special Original Jurisdiction) Present: Md. Fazlul Haque J Md. Abdul Matin J Mainul Haque (Md.)………………….Petitioner Vs. Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secreta..

Category: Employment/Service Law | Date: | Hits: 72

Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)

.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133....... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......stated and joined his service. While he was serving on reinstatement all on a sudden he received the order of dismissal dated 22-7-85 passed under Martial Law Order 9 of 1982 signed by the Secretary, Ministry of Communication. 3. The petitioner obtained this Rule upon such facts challenging the o..

Category: Employment/Service Law | Date: | Hits: 78

Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)

....€™s) civil imprisonment. 4. Mr. M. Moksadul Islam, the learned Advocate appearing for the petitioner supported the Rule submitting that the executing Court issued the warrant of arrest without any prior notice to show cause as required under Order XXI rule 37 of the Code of Civil Procedure and al......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......in Branch, Shaheb Bazar, Rajshahi and others, 15 MLR (AD), 96; Sujit Kumar Mondal and another Vs. Bangladesh (and others), 13 BLC 391; Sheikh Nazmul Haque Vs. Bangladesh represented by the Secretary, Ministry of Law and others, 14 BLC 107, A B M Shirajum Monir Vs. Subordinate Judge and others, 14 BL..

Category: Civil Law | Date: | Hits: 169

Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)

....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......gh Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Mozammel Hossain J Dhaka International University………………Petitioner Vs. Secretary, Ministry of Education and others…………………Respondents Judgment: February 14, 1999. ..

Category: Others | Date: | Hits: 104

Abdul Hafiz (Md.) and others Vs. Director General, Bureau of Anti-Corruption, Government of Bangladesh, 1997, 26 CLC (HCD)

....t- (a) for the purpose of investigating an offence under sections 403, 406, 408 and 409 and sections 421 to 424 both inclusive and sections 465 to 477A (both inclusive) of the Penal Code, with the prior permission in writing of a Sessions Judge, and (b) in other cases, with the prior permissio......devoid of any substance and the same must discharged. In the result, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 72. ......devoid of any substance and the same must discharged. In the result, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 72. ..

Category: Anti-Corruption Laws | Date: | Hits: 191