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Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ...... filing of a petition of complaint prematurely, in no way, can be a ground to oust a payee or, as the case may be, to the holder in due course of the cheque from proceeding with his case to haul up a person here the respondent who commits an offence punishable under the section and to quash a crimin..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......cution. If a material witness has been deliberately kept back, then a serious reflection is cast on the validity of the conviction. No evidence that at or about the time of murder, no third person, excepting the appellants and the deceased were present at the place of occurrence. It can be..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......ts discretionary power upon proper application of judicial mind and this exercise should not be arbitrary lest the ends of justice may be defeated. Police have statutory right to arrest any person who appears to them to have been involved in the commission of such offence and investigated ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......¦– 15.7.2012 under the provision of section 117A of the Income Tax Ordinance 1984, impugned letter herein, through which the respondent No. 3 informed the assessee-writ-petitioner that a team of four persons shall enter into his premises and examine as to the fact of deduction of Advance Income Tax ..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ...... that the notice was received by the family member of the accused and in the application under section 561A of the Code of Criminal Procedure there being no statement to the effect that the person who received the notice is not authorized to receive the same, the High Court Division commit..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ...... (a) of sub-section (2) of section 123 A of the Act, 1881 that when a cheque is crossed "account payee" shall cease to be negotiable means it cannot be negotiated or encashed with any other person except the person in whose favour the same was issued. To make it clearer, a crossed cheque &..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......of the Income Tax Ordinance 1984 is reproduced herein for ready reference; Income Tax Ordinance 1984 Section-178: Service of notice.— (1) A notice under this Ordinance may be served on the person therein named either by registered post with acknowledgement due or in the manner provided fo..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......r. Although this first proviso speaks of the property and not of the body, but the intention of the legislature is clear, which is that any action to be taken through the execution process, the first person to be attracted is the main borrower, and if the main borrower fails to repay the said loan o..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ...... to a satisfactory conclusion which Expert’s Opinion does not. Thus Expert’s Opinion is not binding upon the Court. The Court itself can compare any signature or LTI of any concerned person under section 73 of the Evidence Act and come to a decision in accordance with law. In t..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ...... 16, 2013 Result: The Rule is made absolute. Article 31 of the Constitution of Bangladesh, 1972 Due Process And Reasonable And Non-Arbitrary Laws And Procedure- A person may be destructively treated not only by action, but also by inaction and inaction may contra..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......posses, as inherent in its jurisdiction, all such powers as are necessary to the right and undo the wrong in the course of administration of justice on the principle that when a law gives a person anything it gives that without which it cannot exist. In a recent case decided by this Bench ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ...... were on petrol duty for Keeping peace in Baitul Aman Jam-E-Mosque at Road No. 7 Dhanmondi residential area they saw that when the pious Muslims (Musallies) were coming out from the Mosque some 10/12 persons made an unlawful assembly on the road carrying a banner of the banned organization namely &#..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......8-00 PM from where at about 8-30 PM he heard the alarm, raised from his house and instantly rushed there and found his father Nainka Rabi Das (now deceased) having profuse bleeding injuries on his person when his wife Shona Moni, P.W.2, eye-witness of the occurÂrence, named both the accused who..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......under article 102 (2)(a)(ii) of the Constitution of the People's Republic of Bangladesh filed by the accused-petitioners challenging the order of sanction for prosecution of the accused-persons in ACG GR Case No. 25 of 2007 arising out of Motijheel PS Case No. 140 dated 29-3-2007 punis..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......ctation that an independent officer will act in a particular way or an election promise made by a shadow Minister does not bind the responsible Minister after the change of the government. (v) A person basing his claim on the doctrine of legitimate expectation has to satisfy that he relied..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......corresponding to GR No.2934/94(f) was started. 4. The police after investigation submitted Charge-sheet No.9 dated 26-1-1995 under sections 302/381/411 of the Penal Code against the lone accused-person, Romana Begum. 5. During trial the case record was transferred to the Court of Addi..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ....... The Accused No. 4 wrote a letter to Daewoo Corporation on 24.06.1996 about it, even before issuance of the work order and accused No.2 on 26.6.1996 recommend to purchase of the Frigate. The accused persons acting in collusion to each other brought this frigate, which caused financial loss at about..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......ess terms provided that one of the promised performance shall be rendered before the return performance is begun, or if, in the absence of any express words, such is required by the customs of a person, it is possible for the one who promises the earlier performance to commit a breach even..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Abdul Wahab (Md.) Vs. State & another, 2013, 42 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: 18 BLC (HCD) (2013) 382. ......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: 18 BLC (HCD) (2013) 382. ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ...... order on 6-01-2011 dismissing the appeal, therefore, we can safely hold that any writ petition on the self-same allegation cannot be maintained before this court on any situation even by a different person, moreover the principle of law settled by the Apex court quoted as aforesaid also clearly ind..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3