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....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......s also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......d others, PLD 1999 SC 57, it has been held the Explanation is generally appended to a provision of a statute in order to explain the scope of same, and therefore, it is declaratory and explanatory in nature. Such rule, however, is not a rule of universal application as Explanation sometime is used f..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ...... Reported in: 65 DLR (HCD) (2013) 59. ......Suit No. 168 of 1991 were minors despite such a position the defendant No. 5 of this suit entered into a compromise with the defendant No. 1 ignoring the interest of her minor children putting her signatures in the compromise petition on behalf of her minor son and daughters; consequently a compromi..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)
....e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......th the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... the informant is same person. The address of the said Kamruzzaman is also different from that in the ejahar. 5. No copy of the naraji petition or judicial enquiry report has been filed to see the nature of allegation made in the naraji and the findings of judicial enquiry, upon which cognizance ..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......t for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......the extent of the guilt or moral turpitude involved in the act of a particular accused. For this assessment the whole of the conduct of the accused in so far as it reveals his mental attitude and the nature of his act will have to be taken into consideration". 14. In Nausher Ali Sarder Vs...Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......her Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......rm exceeding 5 years shall be void' used after 'comma' before the word 'exchange' are clear enough to arrive at a conclusion that the mutawalli can transfer by way of lease of the nature provided he had obtained previous sanction of the Administrator………&helli..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......s Agreement, which cannot be satisfactorily disposed of by mutual agreement, the Consultant shall, within a reasonable time, submit a written statement to the Kartripakkha briefly describing the nature of the problem the position of the Consultant regarding the issue and a narrative of the..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......on is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......m abroad and she need not be worried over the matter and accordingly, on good faith, the plaintiff kept herself waiting. After some days when the plaintiff gave tagid to defendant No.2 to have the signature of Mr. Atiqur Rahman on the tripartite agreement, he told that since the owner of the suit la..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......or leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......pending for partition of the ancestral properties of the defendant and his brothers and in that partition suit an order of status-quo in respect of transfer of the suit property and changing the nature and character of the suit property was passed on 18.06.1996 and that order of status-quo was ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......ntioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......s Case No.9522 of 2009, and Criminal Miscellaneous Case No.24730 of 2009 are taken together for disposal in one Judgment since the question of law and facts involved in those cases are identical in nature and the rules, so issued, are also found to be in the same language both in word and spirit w..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......and conscious citizen. The petitioner realized that the remuneration and privileges of the Judges of The Supreme Court of Bangladesh (henceforth the SC Judges) are appallingly inadequate given the nature of responsibility they are vested with. Their poor remuneration and allowances are posing in..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......dge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ...... scheme for revival. 28. So sub-section (5) was a mandatory provision. It was not a provision containing procedural directions only. Judging by the aforesaid consequence, it was in the nature of a substantive provision by virtue of which the accused persons were entitled to the b..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......ail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......of trachea muscles and vessels of that level 6’ 'X2"X3"depth. P.W.6 opined that death was caused due to haemorrhage and shock resulting from the said injury which was homicidal and ante mortem in nature. Although there is no eye witness to the occurrence, the fact that the victim was at the hous..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
....
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......t the existing law in its true perspective…………………………………….(28)
Proof of Mens Rea
In the true nature of things it is not always possible to prove dishonest intention without the help of any evid..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......ned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......order dated 31-12-1982 from Bangladesh Jute Mills Corporation (BJMC) i.e. the present appellant to have been issued without lawful authority and is of no legal effect and as to why a direction in the nature of mandamus should not be issued to BJMC to re-instate him in his service without unavoidable..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......th law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ...... the charge sheet, there is allegation that the accused-petitioner as Prime Minister' gave approval for disbursing Taka 2,33,33,500 to Zia Memorial Trust and Zia Orphanage Trust each. Approval signature of the accused-petitioner is allegedly available in the concerned file. 14. It has been ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......smissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......ore the High Court Division challenging the order of cancellation of appointment letter contained in Memo No. Prashio/09/ appointment/05/Kishore/1098 dated 02.04.2008 (Annexure-1) issued under the signature of respondent No.3. 3. Facts relevant for disposal of the petition for leave to appeal a..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......n 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......in must be such as to rule out a reasonable likelihood of the innocence of the accused." 11. It should be remembered that in case of circumstantial evidence, the circumstances must be conclusive nature. If two inferences are possible from the circumstantial evidence, one pointing the guilt of t..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......he receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......t the petitioners. In the above case in paragraph 9 and 10 it has been observed by the Appellate Division to the effects; 37. The power to quash a proceeding under this section being in its nature extraordinary, it should be exercised sparingly, carefully and only where such exercised spar..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......m their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ...... the evidence of P.W.2, Sharmin Akter, was not corroborated by any evidence, so the same should not be believed. He adds that the body bore multiple injuries which were anti-mortem and homicidal in nature. Therefore, the Court below after considering the materials and evidence on record rightly co..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......y of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......urdered Atiar Rahman. He further stated that on the following morning he narrated the occurrence to the police officer in the house of Yunus who recorded the same as FIR. He proved the FIR and his signature in it, marked Exhibits 1 and 1/1. He further stated that police prepared the inquest report o..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
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