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M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....reading of the complaint it is abundantly clear that it does not disclose any offence against the petitioner and that normal financial deal between the debtor and creditor does not come within the scope of any offence as such the impugned judgment and order is liable to be set aside for the ends......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ..Category: Criminal Law | Date: | Hits: 44
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operaÂtive Office, Rajshahi & ors., 2005, 34 CLC (AD)
.... of law in not holding that the respondent No.4 filed an application before the Joint Registrar numbered as Dispute Case No.4 which was not maintainable because there was no scope to challenge the legibility of a candidate after scrutinization of nomination paper which was......e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..Category: Constitutional Law | Date: | Hits: 162
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......his address at a meeting of the lawyers alleged that inefficient persons have been elevated to the Bench and one of the Judge violating the code of conduct receive Tk. 50,000/- from a client fixing bail and that the matter being published in the press. Hon'ble Chief Justice of Bangladesh by lette..Category: Others | Date: | Hits: 97
Abu Taleb Vs. State, 2007, 36 CLC (AD)
.... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......s started under section 385 of the Penal Code and after investigation charge sheet was submitted on 27-1-1996 against the petitioner under section 385 of the Penal Code. The petitioner was allowed bail by the learned Chief Metropolitan Magistrate, Dhaka on 5-7-1995 but during trial he was abscon..Category: Criminal Law | Date: | Hits: 47
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......aside and the order of conviction and sentence passed against him by the Additional Sessions Judge, 2nd Court, Patuakhali under sections 302/34 of the Penal Code is restored. He must surrender to his bail bond at once failing which the Deputy Commissioner, Patuakhali will take him in to custody and ..Category: Criminal Law | Date: | Hits: 117
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
....order be forwarded to the Deputy RegÂistrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ....................Appellants Vs. The State.........................……………………………………………….....Respondent Judgment February 7, 1990. Result: The interim bail will conÂtinue only for a further period of four months from date or till disposal of the revi..Category: Criminal Law | Date: | Hits: 40
Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)
....ourt Division at Barisal for placing the matter before the DiÂvision Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ......¦â€¦...............Respondent Judgment February 27, 1990. Result: The appellant is directed to take steps for getting his appeal hear. Bail Matter The appellant getting ad-interim bail continued on such bail for 4 years without taking any serious efforts for hearing of the appeal..Category: Criminal Law | Date: | Hits: 64
Abed Ali Vs. State, 1990, 19 CLC (AD)
.... plunged his dagger into the chest of the two victims simultaneously causing their instantaneous death and also inflicted injury upon the complainant. Considering conduct of the appellant there is no scope of taking lenient view and the sentence of death under section 302 of the Penal Code confirmed......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 65
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
....ion 561A is not entitled to take cognizance of the offence under Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1992 or giving direction to the Tribunal to follow the above observation are beyond the scope of Section 561A of the Code of Criminal Procedure. In course of submission the learned Advoca......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 52
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ...... Tribunal, 2nd Court and Add. Sessions Judge, 1st Court, Khulna in Special Tribunal Case No. 70 of 1991 corresponding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. ..Category: Procedural Law | Date: | Hits: 100
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......nst the petitioners and others under Section 4(b) (c) and Section 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983.The Case being sent for trial the accused petitioners were allowed bail. The Tribunal fixed 06.09.1998 for hearing as to framing of charge if any. The accused petiti..Category: Criminal Law | Date: | Hits: 42
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
.... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ...... trial of the case started. The prosecution already examined one witness and the Tribunal summoned other witnesses' for recording their evidence. 3. The Petitioner filed application for bail before the Tribunal on 14.10.2002 which being rejected, he moved the High court Division in C..Category: Criminal Law | Date: | Hits: 41
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....cases between the parties. The question of settlement in favour of the present plaintiff-respondent No.1 was concluded by the judgment of the High Court Division and as such there was no scope for re-opening the settlement case afresh and giving resettlement to the appellant by th...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....a contradictory view that respondent No.1 was not liable for any of its debts or liabilities incurred before its incorporation; that in this regard the Company Judge also misconceived and misread the scope of section 43 of the Companies Act, 1994 inasmuch as the same has not made any distinction 'be......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......ause the money which was allegedly misappropriated had already been returned. He submits that the accused appellants have in the meantime suffered part of their sentence and are at present on bail by order of this court. He submits that in the circumstances of the case it will not be unreas..Category: Criminal Law | Date: | Hits: 44
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......he sentence awarded against the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ..Category: Criminal Law | Date: | Hits: 31
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....o cheat and to misappropriate the amount. The High Court Division, after hearing, made the Rule absolute along with the finding that the word, "payment stopped by the drawer" does not come within the scope of section 138 of the Negotiable Instruments Act, 1881. 3.The learned counsel appearing for......counsel of the petitioner merit considÂeration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additionÂal grounds. Ed. ..Category: Criminal Law | Date: | Hits: 50
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....o accept the submission that for his failure to prefer an appeal in time, he should be given relief in an application under Section 561A of the Code of Criminal Procedure, which is beyond its scope. 8. It may be mentioned that the jurisdiction of exercising the power under Section 56......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 55
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......002 arising out of Mirpur P.S. Case No. 76(8) 2001 under section 302/34 of the Penal Code allowing revision and reversing those dated 5.1.2002 of Chief Metropolitan Magistrate, Dhaka canceling the bail of the accused respondent. 2. The petitioner lodged an F.I.R. stating, inter alia,..Category: Criminal Law | Date: | Hits: 31
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......pondent Delwar Hossain Talukder as an accused in G. R Case No. 545 of 20014 pending to the Court of Magistrate, 1st Class Shariatpur moved unsuccessfully the learned Sessions Judge, Shariatpur for bail in Criminal Miscellaneous Case No. 153 of 2002. Thereafter, Delwar Hossain Talukder as petitio..Category: Criminal Law | Date: | Hits: 68
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