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Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)

....tion; that the other grievance of the plaintiff was that the defendant company was conspiring with the ordinary shareholders and made a game plan to distribute the shares at par among few influential persons/firms in the name of placement only to deprive the ordinary shareholders, that the plaintiff......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. ......eleted, in con­sequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......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. ..

Category: Company Law | Date: 2 Oct, 2012 | Hits: 14

Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)

.... that she got married with the appellant No.3 Md. Hossain Ahmed and appellant No.1 and 2 demanded Dowry of Tk.1,00,000/- from her father but her father refused to pay the same. Thereafter the accused persons inflicted lathi blows on different parts of her body causing injury. While the neighbours ca...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20   ...... down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20   ...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20   ..

Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3

Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)

.... cross-examination of the prosecution witnesses are that of innocence and false implication; it was divulged in defence that he is well placed in the society and on 17-3-2007 at 11-00 PM some unknown persons identified them as law enforcer nabbed him from his residence i.e. PO and seized his pass-po......e of a occurrence, do not support the prosecution story of recovery of arms or ammunition from the possession of the accused, it is unsafe to base convic­tion on the evidence of police personnels interested in the prosecution case." Fourthly: It appears from the record that the appella......d. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174.   ......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.   ..

Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10

Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)

.... occurrence twice. There were many shops to the southern side of the PO. He did not examine any of the shopkeepers. He did not examine the President and Secretary of the Bus Terminal. He examined the persons in the bus terminal who were present there. He denied the defense suggestion that the father......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ..

Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8

Kamal Vs. State, 2012, 41 CLC (HCD)

....ld commit offence in the Balu Godi Rajabari ghat, on the basis of the said information he along with his force rushed to that area and hidden them­selves, at about 23.20 hours at night while some persons reached at the ghat area after crossing the river by boat from Nisarabad, at Tongi then accu......rded though there is no corroboration by any public witness. From the utmost scrutiny of the evidence of the police personnel, we do not find any reason to believe their evidence as they are the very interested and partisan witnesses in this case. In no way this evidence can be considered as evidenc...... down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145.   ......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145.   ..

Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2

Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....Moniruz-zaman, the learned Deputy Attorney-General by filing affidavit-in-opposition on behalf of the respondent No.8 opposes the Rule and submits that the Vat scheme under the VAT Act made different persons liable for collection and deposit of VAT at different stages of transactions. Therefore, lia......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148.     ......is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148.     ......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148.     ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19

Tapan and others Vs. State, 2012, 41 CLC (AD)

.... and a business man formed a Samity for prevention of crimes in the locality. Petitioners demanded toll of Taka 20,000 from one Milon and on getting such information, the deceased revoked the accused persons against which they threatened him to dire consequences. On the fateful night, when the victi......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......ferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ..

Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4

Jnanendra Nath Barai Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2012, 41 CLC (HCD)

.... 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 ...... 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 ...... necessary action. 33. Send back the Lower Court's Record immediately. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 3 ......e after Police Verification Report under the purview of law. The further case of the defendant-opposite parties is such that the plaintiff-petitioner lived in India from 1953 to 1972 and obtained his educational qualifications there from. The plaintiff-petitioner suppressing the aforesaid facts appe..

Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3

Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)

....f the firm as well as the certified copy of the Articles of Association the latter, vide letter dated 3-8-2011, categorically stated that all the submitted documents were properly signed by competent persons and, further, explained in a greater details all other issues raised by the BTCL. It is furt......the instant case, BTCL has selected only two companies as pre-qualified to participate in the bid. It further appears that BTCL, as per the provisions of Section 93(11), instead of re-advertising was interested in proceeding further with two bidders only. In fact participation of more bidders in the......pt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..

Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10

Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)

....hy;ers were mentioned for recruitment by the higher authority for appointment as Aircraft Mechanics (the petitioners of the writ petition Nos.1405-1410 of 2004, 1696, 1698 and 1700 of 2004). Fourteen persons having requisite qualifications HSC (Science) were appointed in the respective posts; after ......d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ...... of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......de as Apprentice Mechanic and after comple­tion of 2(two) years training in Bangladesh Airlines Training Institute and on successful result, they are given appointment as Aircraft Mechanic. Their educational qualification should be SSC (Science) and HSC (Science) having min­imum second divis..

Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18

Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)

....e affirmed the conviction and sentence imposed on the leave-petitioners. We have considered the submissions of the learned Advocate, the impugned judgment and the materials on record. Admittedly, two persons, namely, Korban Ali and his son, Golam Mowla, were alone to death at the place of occurrence......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......ence. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ..

Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7

Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)

....roject and that as such, they could claim to be absorbed as of right in the revenue setup. 4. The High Court Division upon hearing the parties observed that though there is no direction that the persons appointed under the project would be absorbed in the revenue setup after completion of the p......subject to availabil­ity of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ......n is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ......subject to availabil­ity of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ..

Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6

Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)

....roject and that as such, they could claim to be absorbed as of right in the revenue setup. 4. The High Court Division upon hearing the parties observed that though there is no direction that the persons appointed under the project would be absorbed in the revenue set up after completion of the ...... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ...... disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ...... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ..

Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5

Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)

.... the conviction and sentence imposed on the leave-petitioners. 13. We have considered the submissions of the learned Advocate, the impugned judgment and the materials on record. Admittedly, two persons, namely, Korban Ali and his son, Golam Mowla, were done to death at the place of occurrence ......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......ly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113

State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)

....e case was taken up by the trial court for trial, and in the midst of trial, on the prayer of the prosecution, the case was sent back for further investigation on the rea­soning that some accused persons who are directly involved in the incident have been left out and in their absence, if the tr......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ..

Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....hy;sional statements and the circumstantial evi­dence. The trial Court, however, was of the view that the prosecution had failed to prove the charge of criminal conspiracy against all the accused-persons. All the convicted persons pre­ferred appeals and the Government also pre­ferred two......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. ...... Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......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. ..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36

National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)

.... "private interest litigation". 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......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. ......e observa­tions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......pe 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 redress for the..

Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27

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

.... Police Station on 19.12.2001 alleging, inter-alia, that on 17.12.2001 at about 5.15 P.M. the accused Taleb Ali alias Tala, Ershad, Azad, Shamsu, Dulal, Nasir and Shahabuddin and 5 to 6 other unknown persons forming unlawful assembly and being armed with various deadly weapons entered into the house......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. ......tisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......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)

....raji petition. The learned Magistrate sent the case for judicial inquiry to the learned Magistrate, 3rd Class, who after inquiry sent report on 14.05.2002 to the Court of Magistrate against 4 accused persons including the petitioners. The learned Magistrate of Cognizance Court No.1 by order dated 14...... 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 ......vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ...... 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)

....harp cutting weapons and that there were two injuries on the two legs of the victim. He also saw various injuries on the chest as well as various portion of the body thus the accused along with other persons on conspiracy called his brother. It further appears that before such information the accuse......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       ......ur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ......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