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

....p;……...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012.   Result: Both the Rules are discharged. Cases Referred to- State of UP Vs. Bridge & Roof Co. (India) Ltd. Reported in......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

Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)

....aj Ullah was then taken to the hospital for treatment where he succumbed to his injuries. On the basis of above ejaher the case was start­ed. The police, after completion of investigation, submitted charge against all the FIR named accused persons including the present accused-petitioner. 4. T......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ..

Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102

Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)

....nt passed by our apex court in the case of Latifa Akter and others Vs. The State and another, reported in 7 BLT (AD) 282; our apex Court observed: "Section 265C in Chapter XXII speaks of discharge of an accused in a trial before court of sessions. Section 241A in Chapter XX speaks of disch...... 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 ..

Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1

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

....tem and opined that the death was due to shock  and   hemorrhage  which  was  ante-mortem and homicidal in nature. 7. The police investigated the case and submitted charge-sheet against the accused-appellant under section 302 of the Penal Code. 8. At the time ......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

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

.... House is circumscribed by the constitutional provision and the Rules of Procedure which also guard against making unwarranted allegations against Judges. The conduct of a Judge in relation to the discharge of his duties cannot be the subject matter of action in exercise of the powers and privileges......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

Jamat Ali Vs. State, 2012, 41 CLC (AD)

....rom two different places. 5. On the F.I.R. filed by Md. Bazlul Karim the brother of victim Md. Fazlul Haque the case was started and the police, after completion of investiga­tion, submitted charge sheet against as many as 10 (ten) accused persons includ­ing this accused-petitioner Jama...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ..

Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70

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

.... accused to the Court of Magistrate where the accused Nalu made a confessional statement under section 164 of the Code of Criminal Procedure. 4. On completion of investigation, police submitted charge-sheet against accused Nalu only. Against the charge-sheet, the informant filed a naraji petit......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

A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)

....igned, the President on 7th November, 2008 convened an emergency meeting with the members available in Dhaka which meeting endorsed his decision in appointing the Joint Secretary as the Secretary (in charge) and gave authority to her to operate bank transaction which the President can always do. At ...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

....nt-contemner offered unconditional apology at the very initial stage of this proceed­ing. According, he prays, that the apology may graciously be accepted and the contemner be exonerated from the charges. 5. Mr. Kamal-ul-Alam with Mr. Shahanaj Akther, the learned Advocates appearing for the......is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....tioner Vs. Chittagong Port Atuthority, Bandar Bhaban, P.S. Bandar, Chittagong and others………………..Respondents Judgment June 21, 2012. Result: The Rule is discharged. Lawyers Involved Rokanuddin Mahmud, Senior Advocate with Anisul Huq, Senior Advo......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

....rt dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. It is not expected, at this stage, to have the evidence establishing the guilt of the accuse...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10

Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)

....statement within the time limit of 7(seven) days and thus committed offence under section 26(2)(Ka) of the Ain, 2004. 4.  An officer of the Commission investigated the case and submitted charge-sheet against the peti­tioner on 27-5-2008 under section 26(2) (Ka) of the Ain, 2004 and m......controversial matters.” 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: 65 DLR (AD) (2013) 1. ..

Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10

Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)

....Commissioner. The petitioner sub­mitted an application denying the material allega­tions brought against him. Without considering the written reply of the petitioner, respondent No.4 framed a charge against the petitioner on 21-11-1999 on the allegation of corruption, misconduct etc. and ask......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ..

Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390

Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)

....mpering 3 (three) indents where­by previous purchase price of Ivory Board Papers were increased. The writ petitioner denied the allegations by his reply dated 05.04.1998 (annexure-C). Thereafter the charge sheet being No.DACGX/P-32735/2653/98 dated 19.07.1998 (annexure-D) was issued against the pet......ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ..

Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388

Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)

....ion 138 of the Negotiable Instruments Act, 1881. The learned Magistrate there­upon sent the case record before the Court of Sessions for trial after compliance of formalities. On the date of framing charge the petitioner filed an application before the learned Additional Metropolitan Sessions Judge......n have dis­charged the rule on assigning proper rea­sons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ..

Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

....onsible for the death? The doctrine of criminal causation has reasonable limits. It is not interminable, and there are causes when the court would regard the cause as too remote to support a criminal charge. The above cases clearly show that the cause must not only be the "causa sine qua non&qu......the meaning of section 43. If, however, the same offence has been committed in the presence of another person, say a village guard, not charged with the same duty, he could not have been charged with abetment because his omission was not illegal. Therefore, the omission of the accused to rescue the ..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

....ency No.249, Comilla-2 Thrice he was elected a Member of Parliament from the said Constituency. He was a Member of the Standing Committee of Bangladesh Nationalist Party (BNP). He was the Minister in-charge of the Ministry of Energy and Mineral Resources and the Ministry of Home Affairs. The detenue...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....college and on 10-3-1998 was enlisted for Monthly Pay Order (MPO) list having index No. 422633. Thereafter, on 30-11-2005 he resigned from the said post. 4. After that on 28-9-2010 Principal (in charge) of the said Alaipur College published a notice in the Daily Samokal invited application from......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110.         ..

Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8

Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)

....ssistant Attorney General refers the case of Nazrul Islam Vs. The State reported in 13 MLR Page-185 AD where their Lordships held: "quashment of proceedings at this stage before the framing of the charge is not .permissible. Their Lordships held that the High Court Division rightly discharged th......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ..

Category: Criminal Law | Date: 13 May, 2012 | Hits: 6

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

....ed as Service Regulations, it is seen that apart from terms and conditions of service of the workers, staff and officers, this Regulations also provide the powers, the performance of functions and discharge of duties by the employees, staff and officers of the Bank. The inclusion of these provisions......ve observations. The parties would bear their respec­tive costs. Ed. This Case is also Reported in:  VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..

Category: Banking Law | Date: 5 May, 2012 | Hits: 220