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Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)

....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208.   ......he 'Prothom Alo' is based on facts and materials obtained upon inquiry into the activities of the Chittagong University in respect of the examination marks interpolated in the tabu­lation sheets. He submitted that these are matters of public interest, and publication of such illegal acti..

Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16

Durnity Daman Commission and another Vs. Dr. Khandaker Mosharraf Hossain and another, 2014, 43 CLC (AD)

....e High Court Division. The petition for Leave to Appeal is dis­posed of with the above observations and guide­lines. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 92. ......the Court below will consider the same using its own legal discretion without reference to the High Court Division's antici­patory bail order. Anticipatory bails shall not survive post charge-sheet stage……………………………...

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52

Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)

....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ...... Hence Shakhipur Police Station Case No.1/106 dated 1-12-1998 was started against the accused-petitioners. 4. Police took up investigation of the case and on conclusion thereof, submitted charge-sheet against accused petitioners under section 8(1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) ..

Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21

Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)

....t-petitioner without creating any hindrance or obsta­cle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......s of Taka 1,38,800 as reg­istration fee, Taka 84,000 as advance income tax and Taka 56,000 as poundage Court fees, which Mr. Mahmudul Islam could not dispute. Mr Mahbubey Alam in a separate typed sheet has shown a total of Taka 2, 95,576 which included the cost on the above heads plus Taka 1,000..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6

Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)

....ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18.   ......ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18.   ..

Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2

State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)

.... Senior Special Judge, Dhaka is directed to pro­ceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ......vour of the informant, Abu Bashar, which were dishonoured. The informant lodged a First Information Report (FIR) at Ramna Police Station on 27-3-2001. After investigation, the police submitted charge sheet against the accused, who upon arrest prayed for bail in Criminal Miscellaneous Case No. 1569 o..

Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

....t and appropriate sentence to be awarded for any of the offences to any accused person, the aggravating and mitigating factors and circum­stances in which the crimes have been committee are to be balanced in a proportionate manner. The petitioner, it was observed, has committed worst and barbaro...... for the heinous crime committed by the accused person. This Division observed: "We noticed the atmosphere that was prevalent during the recording of the evi­dence of PW 3 from the note sheet of the tri­bunal. She was narrating the events of brutal killing of her mother and sibling..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)

.... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......into the matter and verifying the correctness of misappropri­ation lodged First Information Report at Kushtia Police Station and they took up the investigation. 3. After investigation charge-sheet was sub­ mitted under section 409 the Penal Code read with section 5(2) of the Prevention ..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26

Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)

.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ......place of occurrence. At the same time the local police from the nearby police camp rushed to the spot and caught hold of fourteen of the offenders. 3. The police after investigation submitted charge sheet on 03.08.2001 under sections 143, 448, 323, 324, 326, 307, 387, 379, 380 and 427of the Penal C..

Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24

Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......ed a building. So, the income escaped assessment for the assessment years from 1996-97 to 2000-2001. Although statutory notices were sent through registered post which were also recorded in the order sheet and the margin of the order sheet of respective assessment years and the registration slips we..

Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......vestigated the case who in course of his investigation, seized the relevant documents and also recorded 161 state­ments of the witnesses. On completion of the investigation, he submitted a charge-sheet against the convict-appellant with a recommendation to stand trial for commission of the offen..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)

....ang Bangladesh, D. Pakutia" at Ghatail Upazila of Tangail district and obtained registration collusively in the year of 1991. There is no prima-facie arguable case in favour of the plaintiff and balance of convenience and inconvenience lies in favour of the defendants not in favour of the plain......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..

Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3

Commissioner of Customs, Excise and VAT Commissioner of Customs, Excise and VAT Vs. Appollo Steel Mills Ltd and others, 2013, 42 CLC (AD)

.... lawful authority and were of no legal effect and as to why the writ-respondents shall not be directed to refund Taka 3,44,99,179 being the total standing to the credit of the writ-petition­er as balance in the current account register on account of Taka 3,28,22,748 paid as advance VAT and Taka ......ingly. 4. The case of the writ-petitioner was that it is a private company limited by shares and incorporated under the Companies Act, in Bangladesh and was engaged in the manufac­ture of CI sheets. The writ-petitioner was regis­tered with the Value Added Tax authority, in short, VAT au..

Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ......ure. He found the statements of witnesses which were recorded during inquiry similar to those recorded under section 161 of the Code. However, having found a prima facie case, he submitted the charge-sheet No. 336 dated 28-8-2008 against the accused-appellant under section 409 of the Penal Code, 186..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....able of being more precise and fastidious than a reasonableness test as well as requiring a more intrusive review of a decision made by a public authority which requires the Courts to 'assess the balance or equation' struck by the decision maker. Proportionality test in some jurisdictions is......08, 2009 and 2010 in light of the objections that were raised by the scrutiny committee of the EC in the its letter dated 24.01.2012 and 04.11.2012; and the committee noted its observations in a note-sheet prepared after scrutiny; the content of the said note sheet is self contained and self explana..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....es of child abuse, non-payment of minimum wages, exploitation of casual workers, custodial torture or death, violence against women and children, environmental pollution and disturbance of ecological balance, drug and food adulteration. 40. A plain reading of the leading cases of different juri......mitted a revised constitution on 02.12.2012. Constitution of BJI submitted on 02.12.2012 was scrutinized by the Scrutiny Committee of the Commission and findings of the Committee were noted in a note-sheet for consideration and decision of the Commission. The Commission has taken no further steps on..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)

....ernative but to file a Title Suit No.145 of 2006 for Specific Performance of Contract on 28.06.2006 where the learned Sub-ordinate Judge (now Joint District Judge) issued a direction to deposit the balance amount of Tk.1,34,00,000/within 15 days in pursuance of the provision laid down in section ......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ..

Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13

Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)

....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ......ted report (exhibit-7). P.W.16 SI Mr. Manirul Islam, P.W.18 Saidur Rahman and P.W. 20 SI Mahbubur Rahman held investigation. P.W. 20 SI Mahbubur Rahman, completing the investigation, submitted charge sheet against 11 accused persons including the present appellants under sections 302/34 of the Penal..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3

ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)

....charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ......be guilty of laches and the prayer is resultantly for discharging the Rules. 10. Mr. M Sayed Ahmed with Mr. Imtiaz Farooq, the learned Advocates appearing for the petitioners, referring to order sheets submit that the impugned orders of the respondent No.1court are absolutely void, vitiated by ..

Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8

Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)

....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ......on Case No.22 dated 25-2-2011 under sections 8/9/13 of the Santrash Birodhi Ain, 2009 was started against the accused. 4. The police after completing investigation into the case submitted charge-sheet against the accused-petitioner under the above provisions of law. 5. The case being ready..

Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4