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A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
....urnishing particulars of heirs of the defendant No.3 was not legal. 6. It was also the contention of the petitioner as the defendant No.3 died before filing of the suit, as such there is no scope in law for substituting the heirs of the said defendant No.3. 7. In repelling the afore...... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ..Category: Civil Law | Date: | Hits: 105
Nazrul Islam Vs. State, 2007, 36 CLC (AD)
....ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ......l Code read with section 5(2) of Act II of 1947 was registered. Police on completion of investigation submitted charge-sheet. The accused petitioner surrendered before the Court and was enlarged on bail. 3. The High Court Division on consideration of the materials on record discharged the ..Category: Criminal Law | Date: | Hits: 29
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....rsal application, further the word 'owner', as is defined in section 2 of the Ordinance, is only in relation to a bargadar and so it is apparent that one has to read, understand and appreciate the scope of the word 'owner' as appearing in section 6 of the Ordinance within the ambit of the said v......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ..Category: Property Law | Date: | Hits: 60
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......19-09-2000 under Sections 420/465/467/468/471 of the Penal Code was started. The accused-persons voluntarily surrendered before the learned Chief Metropolitan Magistrate whereupon they were granted bail. 3. After investigation, the investigating officer submitted final report on 08-05-2001..Category: Criminal Law | Date: | Hits: 39
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....th review rules as per Supreme Court of Bangladesh, Appellate Division Rules,1988 in Order XXVI, rule I interference can be made only on the ground of an error apparent on the face of the record. The scope of interference is very limited. Nonetheless, since in the instant case the error is apparent ...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..Category: Criminal Law | Date: | Hits: 94
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
.... of section 17, a notice under section 17 can certainly be challenged in the writ jurisdiction and declared to have been issued without lawful authority and to be of no legal effect. That is the only scope of intervention with a notice under section 17 by the High Court Division in its Writ jurisdic......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....of Shahidul Islam or that the unauthorised act of Shahidul Islam was done with the consent or connivance of the returned candidate. Moreover, the Opposite Party No. 5 and his election agent had no scope to take any precaution to prevent the unauthorised act done by Shahidul Islam. So requirement......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..Category: Election Law | Date: | Hits: 126
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... consent to the prayer of withdrawal. We do not think it worthwhile to set out in detail the categorisation and the conditions set out by learned judges. 6. Leave was granted to consider the scope of S. 494 of the Criminal Procedure Code. Since we have decided the question in ...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ..Category: Criminal Law | Date: | Hits: 45
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....dition of the appellant as defendant No. 7 in the suit under Order I, rule 10 of the Code of Civil Procedure. 2. Appellant’s contention is that the learned Judge failed to appreciate the limited scope of interference with the order of the Munsif passed under Order I rule 10 of the Code of Civil......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....ned property as contained in Article 2 of the Abandoned Property Order, he wanted to show that as the property of the petitioner did not come within the definition of abandoned property there is o scope of the application of the Regulation in the petitioners case. He next submitted that if the R......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....sary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." 21. On a number of occasions this court indicated the scope of the High Court Division to exercise the jurisdiction as provided in section 561A of the Cod......e Negotiable Instruments Act, hereinafter referred to as the Act, in the Court of the learned Chief Metropolitan Magistrate, Chittagong. 3. The accused petitioner has been allowed bail by the learned magistrate on 19-6-2004. After hearing the parties charge has been framed agains..Category: Criminal Law | Date: | Hits: 138
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
.... stage of framing charge to make the court believe any defence version, such document is to be admitted in evidence providing opportunity to the prosecution to verify the same and there is no scope to discharge the accused on plea of alibi as raised by the accused petitioner and the learned......ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....nce Officer inter-transferable and affecting the seniority and varying their terms and conditions of service of the respondent pursuant to the impugned section 8 of the Act 20 of 2000 is beyond the scope of Article 133 of the Constitution, inasmuch as Article 133 does not empower the Parliament t......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....c importance filed up to 8-4-2007 and by retrospective effect allowing to issue certificate of approval up to 18-4-2007 and thereafter removing the restriction as to bail completely. So there is no scope of giving any such approval in a case filed after 8-4-2007. 12. It was further stated that...... Rule 19 T (1) and (2) of the Emergency Power Rules, 2007 as amended by SRO No. 39-Ain/2007 on 8-4-2007. It was stated that the impugned approval affected the right of the respondent No.1 to obtain bail in the instant case filed against her under sections 385/109 of the Penal Code. It was further ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....section 123 of the Evidence Act. 14. He submits that the High Court Division ought to have considered sections 123 and 162 of the Evidence Act together and held that it is beyond the scope of the enquiry of the High Court Division or any Court to inquire into the possible injury t......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..Category: Constitutional Law | Date: | Hits: 124
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
....-4 to release the land in question as the appellant No.1, the requiring body, after getting possession of the acquired land made construction therein spending substantial amount thereby leaving no scope for them to return of the land in question to the respondent No.1 and further notice under se...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..Category: Labour and Industrial Law | Date: | Hits: 83
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....but because it is the appellate Court within the meaning of 18Kha(3) and 11 of the Emergency Powers Rules. 37. The language of Rule 11(3) admits of no ambiguity and therefore, there is hardly any scope for interpretation. The intention of the law makers is manifested in the express words used in......008 passed by this Court in criminal petition for leave to appeal No. 46 of 2008 challenging the order dated 13-12-2007 passed by the High Court Division in Criminal Appeal Nos. 3742 of 2007 granting bail to the respondent No. 1. 3. Criminal Appeal No. 6 of 2008 has arisen out of leave granting ..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....ney General appeared in the rule on behalf of the State and made his submission that "there having been no proceedings pending before the Division Bench of the High Court Division, there is no scope of applying the provisions of Section 561A of the Code of Criminal Procedure and the High Cou......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......erred against the judgment and order dated 18.11.2002 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 8896 of 2002 making the rule absolute thereby allowing bail to the respondent in Muradnagar Police Station Case No.8 dated 22.06.2002 under sections 147/..Category: Criminal Law | Date: | Hits: 71
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....in the invoice value and tariff value is indicative of arbitrariness and fictitious-ness. There is no guideline for fixing tariff value in section 25 and the Government has utilised the wide scope for fixing tariff value without regard to the local and international market rate of the i...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
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