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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....... Court Division has thoroughly considered and discussed the evidence of witnesses and disbelieved the prosecution case as regards the respondent's complicity' in the murder of victim Nilufar Rashid holding that P.Ws.1, 2, 3, 4, 5, 6 and 10 who are the near ones of the victim failed to substantiat..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. ......nce Corporation by mortgaging the suit plot with it on 17-5-1967. Engineer Shamsul Kabir Humayun Reza of Bara Mogbazar mutated his name with the revenue department of the Government, opened Municipal holding in his name in respect of the suit plot and took connections of various utility service..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... 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. ......e conducts of the accused and circumstances of the case. It may be proved either by oral and documentary evidence or by circumstantial evidence. Under the circumstances, we have no hesitation in holding that there is no ingredients of quashing the impugned proceedings in the instant case a..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....) of village Hasanpur, P.S. Mehendigonj, District Barisal aged about 30/32 years, before 7/8 years went to village North Char Ramani Mohon, of Police Station and District Lakshmipur for employment as agricultural worker on the daily payment basis. He used to reside there as a domestic son-in-law of ......nnocence and false implication. It was divulged in defence that due to local rivalry he was falsely implicated in this case by the locals. 10. After trial the learned Judge convicted the accused holding: (i) The prosecution successfully proved the charge under Section 302 of the Penal Code..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......ct that the contesting respondent Nos.7 and 8 did not file any written statement and did not adduce any evidence in support of their claim in the suit land, allowed the appeal and decreed the suit holding that the power of attorney was genuine and that the other evidence adduced by the plaintiff..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......n No.2535 of 2008 giving rise to Leave Petition No.648 of 2010, it appears that the High Court Division discharged the Rule on two grounds: first being that the writ petition was not maintainable. In holding so, the learned Judges took notice of the fact that the petitioners denied about the filing ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
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. ...... of the petitioner Md. Ibrahim on an application under Article 102(1) & (2) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... 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. ...... accused while he was in detention and only 72 hours time was given and no further time was extended for submission of wealth-statement. Under the circumstances, the Apex Court made some observations holding inter-alia that "A notice must allowed a reasonable time to check-up the details of the..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)
....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: ......ereafter handed over possession of the suit land. The said Meherunnessa Chowdhury while was possessing the suit land mutated; it in her name with the relevant government offices by opening a separate holding Number and paying rent (খাজনা) to the government. 4. She later on transferred ..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 ......he Managing Director of the Respondent No. 1 Company namely The Heaven Homes Private Limited, certificate of incorporation No.C-71163 (3670)/08, having 500 shares of Taka 1000 each. The petitioner is holding 20% shares in the company, incorporated on 8-5-2008 as a private company limited by shares, ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... 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. ...... clear difference between the offences under the Ain and the offences under other laws mentioned in the schedule thereto. He has further submitted that the High Court Division was absolutely wrong in holding that section 38 of the Ain, 2004 has no manner of application in the case as the offence und..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
....The order of statue quo granted by this 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) 231.
......al was heard by the learned Additional District Judge, Dhaka who by the impugned judgment and decree dated 17-2-2005 allowed the appeal, set-aside the judgment of the Trial Court and decreed the suit holding possession in favour of the plaintiff and found title with them. The appellate Court relied ..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
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. ......haka took cognizance of the offences on 18-5-2008 under sections 26(2) and 27(1) of the said Act and the case was ultimately transferred to the court of Special Judge, Sher-e-Bangla Nagar, Dhaka, for holding trial. 4. On 29-1-12, the accused-petitioner submitted this application for quashing th..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
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. ......Company matter No.39 of 2012. Judgment Md. Rezaul Hasan J.- This is an application under section 81(2) read with section 85(3) of the Companies Act, seeking condonation of delay in calling, holding and conducting the 13th Annual General Meeting (AGM) of the Respondent No.1 (herein after re..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
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. ......residence at 11-30 PM, by a black taxi cab from where he was again arrested showing the possession of arms and bank documents. 8. After trial the learned Judge convicted the accused as aforesaid holding: — (a) The prosecution successfully proved the charge by corroborative evidence; ..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
......ome conducts as not being qualified to be deemed citizen of Bangladesh as per P.O. 149 of 1972 and as such the learned lower appellate court was manifestly wrong in not dismissing the appeal with the holding that the defendant failed to prove that the plaintiff-petitioner has lost or renounced his c..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....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. ......ant Yasin Rahman @ Titu in a case being Nari-o-Shishu case No.84 of 1998 and that for this reason the IO submitted false charge-sheet in this case also against this accused appellant and others after holding perfunctory investigation. But examining the connected materials on record we do not ac..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......g the telecommunication, he shall submit to the Commission a tariff containing maximum and minimum charges for providing such service. Therefore, the High Court Division has fallen in an error, in holding that the tariff value for telephone calls or other service provided by the mobile phone ope..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
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. ......is competent for the majority to approve on behalf of the company……..(8) Article 14 and 16 keeping provisions for 4 members to remain personally present to form the quorum for holding General Meetings and the Board Meetings, respectively, can also create stalemate i..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......ollecting Chairman Certificate. 3. Upon receipt the petition of complain, the learned Magistrate sent the same to the Officer-in-Charge, Moulvibazar Police Station, for enquiry and report. After holding inquiry police submitted a report on 23.10.2000 stating that the complaint case is false and..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
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