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Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....o;s name or in the name of her dependants, within 7 working days from the date of the receipt of the said notice. The notice further stated that if the statement of assets is not submitted within the stipulated time, she will be prosecuted under Section 26(2) of the ACC Act. The contents of the noti......y report cannot be submitted within 15 working days in accordance with Rule 7(1) for any reasonable cause, the Director in charge of the inquiry may, upon an application made before the expiry of the period as stipulated in Rule 7(1), extend the time for completion of inquiry up to another 15 workin..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: ......uring his application was pending his father died and the District Registrar sent his report to the Ministry in 2007 but the matter was not disposed of till framing of the new Rules. During this long period the writ petitioner did not move in this Court, but when the notice inviting applications for..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....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 ......eging, inter alia, that various incidents of offence alleged to have been committed by the accused-petitioner and the other co-accused-person under the Money Laundering Protirodh Ain, 2009 during the period from 1-1-2003 to 31-5-2007. Details of the allegations of the offence have been elaborately s..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......oner but rather pray for commutation of the sentence of death. He points out that the petitioner has been in the condemned cell for about 812 years and has suffered the pangs of death throughout this period. He further submits that it is apparent from the evidence on record that the petitioner had a..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... ā§Š-ā§§-ā§¨ā§Ļā§Ļā§¨ is clear that how the government portion of the salaries for the Teachers of non government primary School shall be dealt with. In its sub Clause "ka" manifestly stipulated which is run as follows: āĻĒā§āĻ°āĻžāĻĨāĻŽāĻŋāĻ āĻ āĻāĻŖāĻļāĻŋāĻā§āĻˇāĻž āĻŦāĻ......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
....faction of the Court, the decree holder bank without exhausting the mandatory provision of section 33(6) of the Artha Rin Adalat Ain, 2003 filed the 2nd Artha Execution Case No.111 of 2005 beyond the stipulated time of limitation. 7. Mr. Md. Imam Hasan, the learned Advocate appearing for the de...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ......, Gazipur in Miscellaneous Case No. 6 of 2004 is set-aside and accordingly, the appeal being Miscellaneous Appeal No. 34 of 2001 is re-admitted. 28. Since, the case has been dragging over a period of 12 (twelve) years, the Court of appeal below is directed to hear and dispose of the appeal..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......one took any exception from the conduct of the respondent. His mother-in-law (P.W.2) and sister-in-law (P.W.6) and other relaÂtions stayed in his home for 2/3 days after the death and during this period, none harboured any suspicion against him. Over and above, co-accused Belal was apprehended ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135....... None took any exception from the conduct of the respondent. His mother-in-law (P.W.2) and sister-in-law (P.W.6) and other relations stayed in his home for 2/3 days after the death and during this period, none harbored any suspicion against him. Over and above, co-accused Belal was apprehended s..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....d on the said date on receiving Taka 35,00,000 only in cash as advance money. Defendant No.1 handed over all original documents to the plaintiff in presence of the witnesses. In the agreement, it was stipulated that defendant No.1 as the seller "shall apply for and obtain all necessary permissi......msul Kabir Humayun Reza of 157, Bara Moghbazar in favour of House Building Finance Corporation (exhibit-17Ka); tenancy agreements between Shamsul Kabir Humayun Reza and the tenants spreading over the period from 1967 to 2000 (exhibit-18 series); letters of WASA for water connection and bills showing..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ient fund in the account of the drawer. Thereafter, the complainant issued a legal notice on 7-9-2009 demanding payment of the dishonoured cheque amount. But the petitioner did not respond within the stipulated time. So, the complainant case was filed within statutory period on 7-10-2009 under secti......uestion of prematurity does not arise. Even if it is found that the case was filed prior to the expiry date of legal notice, then also the case has attained its maturity after expiry of the statutory period. There is no illegality in this respect................(6) Prayer for a direction on the..Category: Others | Date: 11 Nov, 2012 | Hits: 8
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ...... well settled that after submission of the police report, there is no scope for anticipatory bail or pre-arrest bail. Anticipatory bail should be granted by the High Court Division for a limited period or till filing of the charge-sheet whichever is appropriate in the circumstances of the ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......e part thereof, or of any other immovable property of the judgment-debtor, the Court may, on his application, postpone the sale of the property comprised in order sale on such terms and for such period as it thinks proper, to enable him to raise the amount. (2) In such case the Court shall..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......asonable doubt. 25. According to the submissions from prosecution and observations made by the Tribunal, it indicate that the accused remained absconding from the place of occurrence for certain period, which is a circumstances leading to the inference of guilt. In our view it is mere submissio..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....ith the power of the executing Court to give certificate of ownership to the decree-holder-Bank in case it applies for such ownership in the circumstances as contemplated therein. Sub-section (8) has stipulated that no tax and registration fee would be necessary in case a certificate is given under ...... order dated 07.10.2007 issued warrant of arrest against the judgment-debtors with the direction to keep judgment-debtor Nos.2-4 in jail till the realization of the decretal amount, but for a maximum period of 6(six) months. On 10.02.2008, the judgment-debtors filed an application under section 57 o..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......ly the suit was filed before the expiry of the required one month from giving notice in writing under section 163 of the Dhaka City Corporation Ordinance, 1983 , as such, before expiry that statutory period of time no cause of action arose under the statute thus under Order VII, rule 11 of the Code ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......efore no Bill of Lading was released by MSC in respect of the cargo. 18. He finally submits that according to Annexure-G. The petitioner's liability towards freight was discharged during the period 6 May-1 June 2010 when the payments were received by the negotiating bank, i.e. National Aust..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......) of the Emergency Power Rules, 2007. Subsequently, he was served with an order of detention vide detention Case No.73 of 2007 dated 11-3-2007 under section 3(1) of the Special Powers Act, 1974 for a period of 30 days and the same was extended time to time. Lastly, it was extended on 05-2-2007 for a..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....rry on the business of housing, Real Estate, construction of houses, apartments, commercial centers and to dispose the land, plot, apartments or shops by way of allotment, sale, rent etc; that it was stipulated in Article 29 of the Article of Association of the Respondent No. 1 company tha....... 1 company that the affairs and business of the company shall be managed under the control and supervision of the Managing Director; that the petitioner has been appointed as Managing Director for a period of 5(five) years from the date of incorporation, as stated in Article 32, wherein it als..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....nd Highways, Road Division, Gopalgonj dated 23.11.2002 that the work order issued in favour of the writ petitioner (respondent herein) was dated 12.06.2002 and he completed the sub Project within the stipulated period of 30 (thirty) days but due to paucity of fund his bill could not be paid. Apparen......, Road Division, Gopalgonj dated 23.11.2002 that the work order issued in favour of the writ petitioner (respondent herein) was dated 12.06.2002 and he completed the sub Project within the stipulated period of 30 (thirty) days but due to paucity of fund his bill could not be paid. Apparently the wor..Category: Others | Date: 10 Oct, 2012 | Hits: 144
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