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Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
....ined to refer to all of them except some of the leading cases relevant to the point under appeal. 5. Before proceeding to consider the questions under leave we think that a brief reference to the scope of habeas corpus petiÂtions under Article 102 of the Constitution may be made. Article 102 (3...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....idence of the witness is not material for our purpose. Mr. Khandker has found it difficult to show any contradicÂtion in his evidence, though he has other submissions to make but they are beyond the scope of the leave order. 13. It is also to be observed that the court of appeal below has taken......icipation in the firing at the jeep by the appellants. The Courts below committed no error which calls for interference. The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 3..Category: Criminal Law | Date: | Hits: 41
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....ule at which he filed the nomination paper as on 01.01.2003 and the authority concerned has issued the impugned notification for holding the said election to the post of Chairman. Thus there is no scope for application of rule 9(3) of the Rules or allowing the petitioner to contest as a candidat......ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ..Category: Election Law | Date: | Hits: 116
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....s cases (Murder case) disposed of by the petitioner and on scrutiny of the records he found that in 16 out of 20 cases the petitioner passed orders of acquittal quite illegally and there was every scope of doubt of his honesty and integrity and he does not have good reputation at Pabna. He furth......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....usion is quite maintainable and that as the suit has been filed alleging fraud the same was maintainable. But the unfortunate part of the matter is that the appellate Court was quite unmindful of the scope of the suit which is being filed for setting aside the ex parte decree on the ground of suppre...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....that the charge-sheet has been submitted against the petitioner in view of the decision in the case of Abdul Kader Chowdhury and others vs the State reported in 28 DLR (AD) 38. There is hardly any scope for the High Court Division to quash the proceeding. On perusal of the impugned judgment of t......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....ct, affirming the illegal orders of the courts below without applying its independent judicial mind. 14. Dr Hossain further submits that the case being referred to the Speedy Trial Court the scope for further investigation into the matter has, in fact, been closed. 15. He emphatical......hat an application was filed on 13-4-2005 on behalf of accused Abdul Quayum addressing the learned District Magistrate, Habigonj praying for permission to put up the record for hearing bail matter. An order is visible there purported to read "put up today if this case is not he..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
.... operation and commencement of the Constitution in 1972, in order to give cover to such interim and temporary laws, which came into operation prior to the commenceÂment of the Constitution. Thus the scope and ambit of the 4th Schedule has already been exhausted through the passage and expiry of the......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......man Manik and another………… Respondents Judgment March 28, 2006. Result: The appeal is allowed. The High Court Division should exercise its jurisdiction to enlarge the accused on bail after being satisfied that there are reasonable grounds for believing that the accused responde..Category: Criminal Law | Date: | Hits: 184
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....nance and there is provision for deletion of names from the electoral roll in section 13 of the Ordinance. From the provisions of sections 10, 11 and 13 of the Ordinance it is seen that there is no scope for the Commission while it goes for preparation of fresh voter list with the lapse of time ......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ...... 7-4-1999 took cognisance of the case under sections 183/186/188 of the Penal Code and issued summons against the accused petitioners. The accused petitioners surrendered and have been released on bail. Thereafter, the case has been transferred to a Magistrate, 2nd Class for disposal, charges we..Category: Criminal Law | Date: | Hits: 46
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....on over hot pursuit and therefore hot pursuit will add complicaÂtion; (i) In the matters of Trade Mark the Office of the Registrar is located at Dhaka who has a Branch Office at Chittagong. There is scope of conflicting judgment in respect of the same Registrar. The same position will happen in Inc......place one of the three structural pillars on which the mechanism of the Constitution rests. Evidently this observation in a case where the main question was the quashing of a criminal proceeding and bail has not much significance because the issue here is the power of the parliament to amend the Co..Category: Constitutional Law | Date: | Hits: 1934
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....ted mortgage deed clearly stipulated that he will pay the rate of interest at bank rate less 3% which is concessional rate only for the multi-storied building. The issue is clinched here. There is no scope for advancing any argument on supposed notions………(21) Cases Referred to- Carlill ......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....ted rightly reÂstraining defendant No.1 from leasing out of the suit land treating it as enemy property. Mr. Ahmed argued that i.e aforesaid findings have been arrived at on evidence and there is no scope for a remand order. He submitted further that leave was granted on a point which has become ac......aying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
..... The argument is not tenable. The law havÂing fixed the number by 4(3) and adding another perÂson if there is a Paurashava 4(3A) make the scheme of composition complete and invariable. There is no scope to add or subtract by ingenious method. The requirement for commencing such special meeting is......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..Category: Election Law | Date: | Hits: 128
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
.... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112......tion 420 of the Penal Code read with section 5(2) of Act II of 1947, and where the order of sentence under the provision is under challenge on appeal the accused appellants may continue on ad-interim bail granted by this division till disposal of criminal appeal pending before the High Court Divisio..Category: Criminal Law | Date: | Hits: 53
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continÂue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 .........................................Respondent Judgment August 7, 1988. The Code of Criminal Procedure, 1898 (V of 1898), section 426 The order of payment of fine as a condition of getting bail is not sustainable in law or on the principle of reasonableness. The order is set-aside and the..Category: Criminal Law | Date: | Hits: 53
Gopal Chandra Shah Vs. The Deputy CommissionÂer, Sunamganj & another, 1989, 18 CLC (AD)
....trict. In course of lime a department of Narcotics and Liquor was established and the said Bengal Excise Act was amended to confer on the Controller of Narcotics and Liquor powers and duties wider in scope than those previously performed by the Excise DepartÂment. Notwithstanding the change brought...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..Category: Others | Date: | Hits: 125
....n seeking election to a local government body, therefore, offends the guarantee under Article 27.
65. In order to lest the validity of the argument it will be necessary to consider the meaning and scope of Article 27. In the 1956 Constitution of PaÂkistan it was Article 5(1) and in 1962, Article......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
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Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....herefore, took the view that the purÂport and consequence of the order was that the plaintiff was actually reverted to the post of Assistant SecreÂtary with effect from 3.3.86 and thus there was no scope to keep him in the post of Deputy Secretary by an order of injunction. 6. The learned Judge......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..Category: Employment/Service Law | Date: | Hits: 89
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