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Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....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......rocedure. Over and above, whether the allegations of abetment in manipulating the tender for sale of the case properties are true or false can only be gone into during the trial of the case. Moreover, the admissibility, relevance, propriety or sufficiency of materials collected by the..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....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......tements of seven witnesses under Section 161 of the Code. He produced two witnesses before the Magistrate for recording their statements under Section 164 of the Code and after his transfer he handed over the case diary to the Officer-in-Charge. He proved the inquest (Exhbt.1) and his signature on i..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....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......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. ..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....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 ......ve been filed against the separate judgments and orders passed by the High Court Division in two separate writ petitions, the parties being the same and the facts giving rise to these petitions being overlapped, they have been heard together and are disposed of by this common judgment. Ci..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
.... 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......rt Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Ibrahim (Md.).......................................Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.......Respondents Judgment ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... 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......et Minister of Ministry of Energy and Mineral Resources and Home Affairs during 1991-1996. He was also the Cabinet Minister of Health and Family Welfare during the preceding Four-Party-Alliance Government. It is categorically stated in the application that the accused-petitioner was arrested on..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)
....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 ......ent and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....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, ......Association of the Company contemplates that Respondent No. 2 Mr. Mohd. Abdus Salam shall be the first Chairman of the Company for a period of 5(five) years and his responsibility shall be to preside over all the meetings of the Company and Respondent No. 3 Mr. Abdul Jabed shall be the Vice Chairman..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... 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......n 6 of the Criminal Law Amendment Act, 1958 (the Act, 1958) before taking cognizance, the Special Judge, first of all, was, required to comply with the provisions thereof by addressing letter to the Government immediately on receipt of the police report to accord, sanction to prosecute the accused i..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
....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 ......record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
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Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....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......mentioned case were stayed. 3. Facts necessary for disposal of the rule are that the accused-petitioner is a Senior Advocate of the Bangladesh Supreme Court and he held responsible posts of the Government including Deputy Prime Ministry, Prime Minister and Vice-President. He is an elected ..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....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......k, which is the regulatory authority for the banks and it has issued the direction to strength the capital base of the schedule banks, in exercise of its statutory power and in consultation with the government. The Respondent Bank is bound to comply with this direction. So, asking for SEC's cons..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....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; ....... Later, at 23-40 hours they found one man carrying a black bag entered into the PO on suspicion they nabbed him who later identified him as Kazi Nasiruddin Babul. On interrogation and search they recovered one foreign revolver having 8" length made of Japan, four round bullets, two pass-ports,..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
....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......LR (AD) 33; Doctor Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Bangladesh Vs. Professor Golam Azam and others, 46 DLR (AD) 192; Bangladesh Vs. Rehana Kamal and others, 32 DLR 160 Asit RanjanSen Vs. Government, 56 DLR (AD)1
Lawyers Involved:
P.C. Guha, Advocate with SamiranMallik, Advocate..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....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......y Madhumaloty Chowdhury Barua, Advocate-on-Record—For the Respondent. Criminal Appeal No.33 of 2011. (From the judgment and order dated 28-3-2007 passed by the High Court Division in Government (Criminal) Appeal No.34 of 2002 heard along with Government (Criminal) Appeal No.28 of 200..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....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......ion". In this type of petition, a jurisprudence has been innovated where a public spirited person or organization invokes the jurisdiction of the court, on behalf of such persons, who by reason of poverty, lack of education, helplessness, social disabilities or economic paucity cannot seek legal ..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)
....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......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. ..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....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...... 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
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....t there is a 4(four) storied pucca building in possession of the plaintiffs. The names of the plaintiffs were duly recorded and mutated in Dhaka City Corporation and the plaintiffs have been allotted holding No.16/1/A, Rankin Street, Dhaka and the plaintiffs have been paying holding taxes to the Dha......of Syed AJi Habib, son of, Syed Abdul Latif was duly recorded in SA Khatian No.Sabek 1328 Hal 804, SA dag No.1800, area of land measuring 0473 Ajutangsha. Being bona fide owner in possession he paid Government rents, taxes of the suit land to the concerned authorities in time. Syed Ali Habib died le..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e Hon'ble Speaker has virtually assumed the power and functions of the Supreme Judicial Council because only the Supreme Judicial Council is constitutionally authorized to make such observation after holding an inquiry and on due compliance of the other provisions. As the guardian of the Constitutio......the Sarak Bhabon shall be vacated in its entirety by 02.05.2012 but they failed to comply with the order within the said period in its entirety. On 14.05.2012, the said Division Bench directed to handover the rest portion of Block-C by 05.06.2012 and two rooms in Block-A on that date. On 29.05.2012,..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
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