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Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
.... defendant as Shebait of the suit land and for appointing Shantosh Kumar Chakraborty as the pujari of the deity. 3. The petitioner herein as the defendant contested the suit by filing written statement denying the material statements made in the plaint. His case, in short, is that the plain......ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
.... Gopolan case (1950) SCR 88, has held that the State has not made any law depriving or regulating the right of a person to travel abroad. 19. In American Jurisprudence, 2nd Ed at page 359, it is stated that:— "Personal liberty largely consists of the right of locomotion to go wh......above mentioned citations that the action of refuse to issue a passport must be based on law. We are of the view that passport must be treated as falling within the prerogative domain of foreign affairs, and, the authority which grant passport or withhold them must possess considerable fre..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
.... prima facie of offence relating to forgery and extortion against the accused-petitioner, so as to connect him with the offence. We have carefully examined the FIR and charge-sheet along with the 161 statements of some witnesses available on record. It transpires from the FIR that the allegation of ......ultimately treated as FIR. It was alleged by the informant that the schedule property was a purchased land of the informant and his brother Gias Uddin. The informant-owner was busy with business affairs and his brother Gias Uddin used to reside abroad in most of time. The complainant came to kn..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... of the offence to which the accused is convicted are not brought out or if the place and time of occurrence have not been brought with provision, obviously the charge will be defective. Failure to state that fact would render the trial of the accused in some cases defective. Though section 537 C...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....etition of complaint, the learned Magistrate took cognizance under section 138 of the Negotiable Instruments Act and also under section 406 of the Penal Code together after recording the initial statement of the complainant under section 200 of the Code of Criminal Procedure. At the time of hea...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ......r the encashment and/or apportionment of the amount kept in FDR with the Jamuna Bank Ltd. After disposal of the matter, the Company Court becomes functions officio and it retains no power over the affairs of the company. Even if it is assumed that the amount involved in the FDR which was kept wi..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....ng Officer took up the case for investigation. He visited the place of occurrence, prepared the sketch map with separate index, prepared inquest report, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. After completion of investigation he......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... this petition under Article 108 of the Constitution of the People's Republic of Bangladesh and obtained the present Rule. 9. By filing supplementary affidavit, petitioners further stated that, they have no objection in respect of increasing the cadre strength or encadrement of an...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
.... proceedings of the above mentioned FIR case were stayed. 3. Facts necessary for disposal of the rule are that the accused-petitioner Md. Sadek Hossain was the Administrative Officer of Housing Estate, Chittagong, at the time of occurrence, and he also served in various positions at differ......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
....of Order XXVI of the Rules shows that review of judgment or order of this Division in a criminal proceeding can only be done on the ground of an error apparent on the face of the record. It may be stated that so far as the review of judgment or order passed by this Division in a civil proceeding...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
.... 1 of Order XXVI of the Rules shows that review of judgment or order of this Division in a criminal proceeding can only be done on the ground of an error apparent on the face of the record. It may be stated that so far as the review of judgment or order passed by this Division in a civil proceeding ...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
....রহমান) বিচারক (জেলা ও দায়রা জজ) পরিবেশ আপীল আদালত, ঢাকা 4. In his above reply the learned Judge stated that; “উক্ত মামলায় ৬ জন সাক্ষের সাক...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....aced by the registration authority before a Board, consisting of not more than five person, constituted by the Government for the purpose, which shall have the power to make such order as to the re-instatement, or the dissolution and reconstitution, of the governing body, as it may think fit. (......nk fit, the registration authority is satisfied that a registered agency has been responsible for any irregularity in respect of its funds or for any maladministration in the conduct of its affairs or has failed to comply with the provisions of this Ordinance or the rules made there&s..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....result the petition for return of plaint is rejected. Let this matter be fixed for hearing on 17-1-2013. The defendant is hereby granted leave to appear and to defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported i......defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ..Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....exure-P) to the Principal-cum-Superintendent of the Government Homeopathic Degree College and Hospital, Mirpur, Dhaka making query as to whether the condition Nos.2 and 5 and some other conditions as stated in the earlier letter had been fulfilled or not. 19. The Chairman of the Governing Body ......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....rder dated 24-8-2004, vide annexure-'L' to the writ petition to have been issued without lawful authority and are of no legal effect and also for a direction upon the writ-respondents to re-instate him in service with all arrear salaries and continuity of service. 3. The resp......we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ission (henceforth referred to as “the ACC”) issued a notice under Section 26(1) of the Anti Corruption Commission Act 2004 (“the ACC Act”) asking the petitioner to submit the statement of assets in her name, her husband’s name or in the name of her dependants, within 7......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....-petitioner filed an application before the Special Judge under section 344 of the Code of Criminal Procedure for staying the proceeding of the case. 39. In the said application it was stated that the prosecution had not complied with the provision as laid down in section 188&nbs......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....4-7-2007 under sections 302/109/34 of the Penal Code was started against the FIR named accused Jony. Police arrested the said FIR named accused Jony and during investigation, he made a confessional statement before the Magistrate First Class on 15-7-2007 under section 164 of the Code implicating ......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9