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Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)

....d if his readiness and willingness to perform the obligations undertaken by him are proved. in this case the plaintiff petitioner has successfully proved his readiness and willingness to pay the balance of the consideration money within the stipulated period of time, there being no controversy ...... Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016)110       ..

Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1

State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)

....this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 167   ......, Dhaka for examination and report. After getting the report of viscera examination this ejahar was lodged by the informant and after thorough investigation on the ejahar he (P.W. 8) submitted charge sheet No. 31 dated 31-3-2008. During cross-examination from the side of the condemned-prisoner Golam..

Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6

Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)

....ed for indefinite period, therefore, as consequential order and to secure ends of justice the respondent No. 7 and the respondents No. 1, 2 and 6 are hereby directed to ensure the full payment or the balance amount of the full payment of the petitioner's salary, due after expiry of 60 (sixty) da......ed by the Managing Committee on 12-10-2014, with a malafide intention. But they have not initiated any departmental proceeding against the petitioner by way of issuing any show cause notice or charge sheet, although the petitioner has been kept under suspension till today without apprising him as to..

Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0

Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)

....to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148   ......sh; "Previously defendant took several times for submission of written objection." This assertion is absolutely wrong as it has been detected on our careful perusal of the entire order sheet (Annexure-"E") filed by the petitioner vide supplementary affidavit dated 5-5-2014 i..

Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

....onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby main­tained. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 295     ......ody was cremated with the help of Amanat Kha and Burua Babu. Thereafter, his brother Satya Ranjan lodged Rawjan PS Case No.41(1)72 for the killing of his father and the Rawjan police submitted charge sheet against Salauddin Qader Chowdhury and others in that case. The record was ultimately sent to D..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)

....osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......l and sent the suit back to the trial Court for fresh trial with the direction upon it to proceed with the suit after service of summons upon defendant No.3 on the finding, inter alia, that the order sheets showed that summons of the suit was not served upon the defendant. The High Court Division fu..

Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12

Sarwar Alam Chowdhury Vs. Government of the People’s Republic of Bangladesh & others, 2015, 44 CLC (HCD)

....s to costs. Send down the record of the Court of Settlement. Communicate the judgment to respondent No. 1 at once. Zinat Ara J.- I agree. Ed. This case is also Reported in: ......the petitioners as well as the learned Deputy Attorney General for the respondent No. 1 and perused the writ petition, affidavit-in-opposition and annexures thereto. 7. It appears from the order sheet of this Court that by order dated 20.01.2009 this Court directed the respondent No. 2 to trans..

Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35

Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)

....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ......d­ing sexual molestation, pregnancy, age etc was examined by a medical board of the Kushtia Sadar Hospital and a certificate to the respect was also collected. After investigation a formal charge sheet was pressed against Sanjay Kumar Biswas alone finding the offence of rape calling for a Penalt..

Category: Women and Children | Date: 5 May, 2015 | Hits: 3

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

....it them frequently.’ But they are wanting in our country as in many other countries. 20. The Supreme Court of India in B.G. Goswami Vs. Delhi administration, 3 (SCC) (1974) 85 has struck a balance between deterrence and reformation by following the golden means: ‘The main purpose of...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....isit them frequently.’ But they are wanting in our country as in many other countries. 20. The Supreme Court of India in B.G. Goswami Vs. Delhi administration, (1974) 3 SCC 85 has struck a balance between deterrence and reformation by following the golden means: ‘The main purpose of......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

State Vs. Abdus Salam and others, 2015, 44 CLC (AD)

....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ......nt on 4-2-1992 at 22-30 hours with the Golapgonj Police Station and the same was recorded as Golapgonj Police Station Case No.2 dated 4-2-1992. 4. The police after investigation submitted charge-sheet against 34 persons including the respondents. 5. The accused were put on trial in the Cou..

Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10

Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)

....ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278     ......ustice require that the pro­ceeding ought to be quashed……(45) Non implicating any person as accused in a proceeding cannot be a ground for quashing the proceeding of the charge-sheeted accused when the prima-facie case had been established against him .......... (47) Inve..

Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8

Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)

....efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   ......ce, 2008 read with Money Laundering Protirodh Ain, 2009 was started. 5. The investigation officer after complet­ing investigation and obtaining sanction from the Commission, submitted charge-sheet under sec­tion 13 of the Money Laundering Protirodh Ain, 2002 read with section 4(2) of th..

Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

....en them into fleeing from a place or in order to deprive them of, or make them surrender, lands or benefits conferred on them with a view to reverse past injustices and in order to restore the social balance. (b) In cases of “bride burning” and what are known as “dowry deaths&rdquo......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......this, her father-in-law rebuked her father. Then, her husband (the accused) throttled her and her father got her treated and she gave birth to a child at 3 o'clock in the night (in the deposition sheet, in Bangla, it has been recorded as — “বাবা স্বামীকে ..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....y;ing circumstances and those cannot be petrified or fitted into rigid moulds. They are flexible and turn on the facts and circumstances of each case. In applying these principles, there is a need to balance the competing interests of administrative justice and the exigencies of effi­cient admin......on on 17-6-2001. The petitioner did never misuse the terms and conditions of the licence and there was no complaint against the petitioner from any quar­ter in that regard and he was not a charge-sheeted accused in any criminal case. 4. In the Supplementary Affidavit dated 4-12-2014 filed o..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)

.... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147.   ......ts of the witnesses under section 161 of the Code, he was a bene­ficiary of the alleged illegal transaction which was allegedly done in connivance with the accused named in the FIR and the charge-sheet. Since the petitioner was engaged in the said transaction and was also a beneficiary of it, a ..

Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16

Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)

....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......was sent to the Anti-Corruption Commission and investigation was conducted by Md. Anowarul Hoque, the Assistant Director of the Commission under District Combined Office, Bogra and submitted a charge-sheet under the aforementioned provision of law being charge-sheet No. 235 dated 14-10-2009. The rec..

Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4

Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)

....tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ......lagers assaulted the convict petitioners, consequently, both of them were injured and left leg of accused Billal was broken. 4. The Investigating Officer, holding investigation, submitted charge-sheet against the convict-petitioners and another under sec­tion 394 of the Penal Code. The case..

Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5

Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000 Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka, 2015, 44 CLC (HCD)

.... concerned; (ii) employer’s contribution to a recognized provident fund or a fund to which the Provident Funds Act, 1925 (XIX of 1925), applies and the interest credited on the accumulated balance of and employee in such fund; (iii) allowances which are exempt from the payment of tax...... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1