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State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)

....reafter on 01.10.2003 the father of the victim lodged the F.I.R. with Gurudashpur Police Station on the basis of which the case was started. The police, after completion of investiga­tion, submitted charge sheet against this accused-respondent and his father under sections 9(1)730 of the Nari-O-Shi......essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ..

Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. State………………………………………...........Opposite Parties Judgment April 25, 2012. Result: The Rule is discharged. Jurisdiction of the Criminal Bench of the High Court Division in deciding Constitut......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

....d before the proper authority under the relevant law. In such instances, the High Court Division should not entertain the writ petitions and if any Rule is issued therein that should have been dis­charged on the ground of maintainability…………………………(20) Lawyers Involved......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)

.... Code of Criminal Procedure.....' used in the beginning of the section. 6. Section 493 of the Code of Criminal Procedure authorizes the public prosecutor to plead before any Court in which a charge is under inquiry or trial or an appeal, and if any private person instructs a lawyer to prose......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ..

Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212

Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)

....tion­ers who were castigated with 3 Black Marks, should be allowed to come out of the cloister, blocking their consideration for promotion without delay, while those with 4 Black Marks, involving no charge for corruption, should earn their freedom 18 months after the pronouncement of the judgment o......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ..

Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120

Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)

....Shamsudohha appeared before the High Court Division and obtained ad-interim anticipatory bail. The case was then trans­ferred to the Court of Sessions Judge, Dhaka and at the time of hearing of dis­charge application under section 265C of the Code of Criminal Procedure, the case was then transferr......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ..

Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212

Majad Hossain and another Vs. State, 2012, 41 CLC (AD)

....ase under section 265C of the Code for discharging him from the case; the learned Additional Metropolitan Sessions Judge by his order of the same date (09.06.2008) rejected the application and framed charge against the petitioner under section 138 of the Act, 1881 fixing the next date on 08.07.2008 ......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ..

Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618

Rakibul Islam Vs. State, 2012, 41 CLC (HCD)

.... (as amended 2003), against the appellant and 3 others. 3. The police duly investigated into the case and, having found a prima facie case against the accused No.1 (the appellant), has submitted charge-sheet No.307 dated 22-10-2010 against him, under section 11(Ga) of the Nari-o-Shishu Nirjatan......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ..

Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64

Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)

....llip;Petitioners Vs. Md. Babul Gorapi and another…………………Opposite Parties Judgment April 2, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears - For the Petitioner. Gazi Md. Mamunur Ras...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..

Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218

Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)

....ated offences simultaneously if it is necessary to try them together for ends of justice. Therefore, there was apparent oversight on the pan of the Bicharak of the Tribunal at the time of framing the charge. There is no bar for the trial to proceed against the appellants for the offences under secti...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ..

Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5

Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)

....Quddus J Md. Mostafa………………………Petitioner Vs. Bedena Khatun and another………………………Opposite Parties Judgment April 1, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Shamsur Rahman, Advocate - For the Petitioner. Gazi Md. Mamu......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158

Anti-Corruption Commi­ssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)

....aving found prima-facie case submitted memo of evidence before the Commission. After obtaining sanction as per section 32 of the Durniti Daman Commission Ain, 2004 the investigation officer submitted charge-sheet being charge-sheet No.282 dated 22-6-2011 under section ২(ট)(অ) and 4(2) of the M......48(1)2011 is hereby quashed. The trial Court is directed to pro­ceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138

Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)

....tted facts no case stands against the accused. (2) Where the institutions continuation of the proceeding amount to an abuse of the process of the Court; (3) The facts disclosed either in FIR or charge-sheet is so preposterous that no proceedings can be taken against him/her; (4) The prosecu...... in relation to the petition­er Let a copy of the Judgment be sent to the con­cerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ..

Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215

Assistant Horticulturist, Agriculture Extension Division, Crop Section Vs. M. A. Sattar Bhuiyan, 2012, 41 CLC (AD)

....ion with some officials of Revenue Department tried to grab 2.65 acres of land out of 14.27 acres of land and a pro­ceeding under Anti-Corruption Department has been started against that man and the charge sheet also has been submitted in the said case which is still pending. That on 25.06.1991 the......d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ..

Category: Property Law | Date: 12 Mar, 2012 | Hits: 94

Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

....volved in these petitions are identical, these petitions are disposed of analogously. The question arose in this way. The petitioner was tried before the Joint Metropolitan Sessions Judge, Dhaka on a charge of dishonour of cheques for insufficiency of funds which he issued in favour of the complaina...... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....he writ petition, “to upgrade only the Hon’ble Ministers and the Members of Parliament, along with their family only, holding Economy Class tickets to the Executive Class without any additional charge at the checking counter subject to availability of seat in the executive class.” In the sa...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....directed for ascertaining the status of the accused petitioners as well as the legality of their nominations for absorption by the Ministry of Establishment…(28b). The cognizance order and the charge framing order are therefore set aside for enabling further investigation, however the quashme......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)

....orate guarantee or any other guarantee for or on behalf of itself or for any other company/sister concerns in any manner including by way of mortgaging any of its immovable property or by creating charge upon any of its property or properties as the directors of the company deem fit and necessar...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ..

Category: Company Law | Date: 4 Mar, 2012 | Hits: 28

Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

....o various posts under the Land Ministry. 3. The informant himself conducted part of the investigation and, after his transfer, an Inspector named MA Kabir concluded the investigation and submitted charge-sheet on 12-9-1992 under the aforesaid sections. 4. The case record was sent to the learne......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

....Case No.8 dated 26-0-1993 under section 326/323/387/34 of the Penal Code was started against the accused per­sons and co-accused Anis Bepari. 3. Police after investigation on 02-05-1993 submitted charge-sheet under section 323/326/34 of the Penal Code against all the FIR named accused persons ex......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117