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Khorshed and another Vs. State, 2012, 41 CLC (HCD)

....hellip;…..unless it falls into any of the five Exceptions referred to in section 300." 97. In the case of the State represented by the Solicitor to the Government of the People's Republic of Bangladesh Vs. Ashraf Ali reported in 46 DLR (AD) 241, it was observed by our Appellate ......n most cases, it has to be inferred from his act or conduct or other relevant circumstances of the case." 86. In the case of Hassan Vs. State reported in 1969 SCMR 454, the Supreme Court of Pakistan laid down:— "In order to support a conviction under section 34 of the Penal..

Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8

Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

....use No.31, Lane No.2, Section 6/A, Mirpur as principal defendant No.1 and one Mr. Akhtaruzzaman, Director Eastern Housing Limited as principal defendant No.2, the Chairman, RAJUK and the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka as pro-forma defendant Nos.3 a......ed as site Engineer for 2(two) years under Messrs Bridge and Roof Company, India and then migrated to Dhaka and joined C&B Department in 1951 as an Assistant Engineer under the then Government of Pakistan. While serving in C&B department, Engineer Shamsul Kabir Humayun Reza of 157, Bara Mogb..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ht a direction upon the respondents to ensure Rule of Law and to take necessary steps against the law violators. 3. In this application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10

Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)

....l Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Ibrahim (Md.).......................................Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.......Respondents Judgment   October 16, 2012. ......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. ..

Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9

Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)

.... of the Act to a detenu, away from his hearth and home, cannot be said to be a fair and bona fide exercise of power." 20. By referring to Article 111 of the Constitution of the People's Republic of Bangladesh, the learned Advocate for the petitioner laid emphasis to that effect tile ob...... 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.     ..

Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20

Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)

....gment October 8, 2012. Result: The Rule is disposed of. Binding force of a court A decree of a competent civil court is binding upon all the authorities of the People’s Republic of Bangladesh and therefore the respondents are legally bound to mutate the names of the pe......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68.     ..

Category: Property Law | Date: 8 Oct, 2012 | Hits: 8

Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)

.... Bidhimala framed thereun­der keeping in view of the observa­tions and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ......nder the title as "The Special Powers Act and Anti-Corruption Commission Act with some other allied laws, Eight Edition, 2007; section 409 of the Penal Code has not been printed, but in the East Pakistan Code, sections 403 to 409 of the Penal Code, have been clearly mentioned in the schedule. W..

Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6

Government of the People's Republic of Bangladesh Vs. Dr. Prodip Kumar Roy and others, 2012, 41 CLC (HCD)

....e is also Reported in: 18 BLC (HCD) (2013) 231. ......The order of statue quo granted by this Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 231. ..

Category: Property Law | Date: 7 Oct, 2012 | Hits: 5

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

....shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall binding on all courts subordinate to it. All authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court......... (26) Lawyers Involved: Shamim Khal......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

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

....p;         August 14, 2012.   Result: The Rule is discharged. Article 102 (2) (a) (ii) of the constitution of the People’s Republic of Bangladesh, The Telegraph Act, 1885 Section 4, Wireless Telegraph Act, 1933 Article......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

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

....ormality. According to the Government Servant (Discipline and Appeal) Rules and for the sake of security of the State and according to the Article 135(2) (iii) of the Constitution of the People's Republic of Bangladesh, the plaintiff-petitioner was terminated from his temporary job. 4. The ......y mere Absence for the time being nor it is extinguished for temporary absence of anybody. It is a fact that the plaintiff-petitioner was not present for the time being in this country (the then East Pakistan). But the temporary absence of the plaintiff for a particular period does not diver him fro..

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

Government of Bangla­desh Vs. ATM Mannan and another, 2012, 41 CLC (AD)

....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ...... the property in question originally belonged to Syed Ali Hasan who obtained the same by way of lease for a period of 99 years, commencing on 15th December, 1961 from the erstwhile Government of East Pakistan by a registered of lease deed dated 16-12-1961. After that Syed Ali Hasan constructed a one..

Category: Property Law | Date: 8 Aug, 2012 | Hits: 84

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

....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. ......Permit or AME Licence. Note: Individuals who are currently employed in Biman and having Metric or SSC as minimum educational qualification with basis Aeronautical course done from Korangi Greeki Pakistan may be considered for grant of Inspection Approval" 9. From the facts as stated i..

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

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

....e be set at to liberty at once, it not wanted in con­nection with any other case. Nazmun Ara Sultana J.- This criminal appeal, under article 103(2)(b) of the Constitution of the People's Republic of Bangladesh has been filed by the convict Yasin Rahman @ Rahman Yasin @ Titu challenging ...... may not be possible to lay down a proposition of law that one conspirator's connection with the conspiracy would nec­essarily be cut off with this arrest." 25. The Supreme Court of Pakistan in Zulfiqur Ali Bhutto Vs. State, PLD 1979 SC 53 approved the said view. Anwarul Huq, J spe..

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

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

....ans not any person who is personally aggrieved but one, whose heart bleeds for the less fortunate fellow beings for a wrong done by any person or autho­rity in connection with the affairs of the Republic or a Statutory Public Authority. 5. If the person making the application on enquiry......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. ..

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

Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)

.... Kausar Alam, Advocate-For the petitioner. Writ Petition No.10053 of 2012. Judgment Mamnoon Rahman J.— In an application under Article 102 of the Constitution of the People's Republic of Bangladesh, the petitioner Bank have challenged inaction of the respondent Nos.1 & 2......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27   ..

Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1

Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)

.... Md. Ashfaqul Islam J Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012.  ......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..

Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6

Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....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       ......ue Vs. State, 28 DLR 35; Md. Ali Haider alias Haidul Vs. State, 5 BLT 101; Angur Vs. State, 41 DLR 66; Abu Jamal Vs. State, 51 DLR 57; State Vs. Lokman Miah, 48 DLR 149; Ghulam Rasool Vs. State, 1977 Pakistan Criminal Law Journal 985; Md. Mominul Huq Vs. State, 48 DLR 182; Kawsarun Nessa Vs. State, ..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....t the Rule was issued more or less one and half year back and even after receipt of the contempt petition, we allowed three months to elapse. 5. The Hon'ble Speaker is not only the 3rd Man in the Republic, he is indeed the Patriarch of the Parliament, where all the representatives of the entire ..........................… Respondents Judgment July 24, 2012. Result: The petition is decided with few observations. Cases Referred to- Farooq Ahmed Khan Leghari Vs. Federation of Pakistan, PLD 1999 SC. 57, Ministry of Finance Vs. Mr. Md. Masder Hossain, 2000 BLD (AD) 104, S.P. ..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....cial Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Md. Mozaffor Hossen and another..........................Petitioners Vs. Government of the People’s Republic of Bangladesh and others…......Respondents Judgment July 18, 2012. R......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23