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Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....d World War the Prevention of Corruption Act (Act II of 1947) was passed on March 11, 1947 for prevention of bribery and corruption. In the statement of objects and reasons it was stated: "The scope for bribery and corruption of public servants had been enormously increased by war conditions......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..Category: Anti-Corruption Laws | Date: | Hits: 302
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....observed that the trial under any one of the three sections of the Act would have been lawful had a particular forum been given exclusive jurisdiction for trial in which case there would have been no scope for discriminatory treatment as to choice of forum or procedure for trial. ATM Afzal J.- T......is maintained but the sentence is reduced to rigorous imprisonment for 7 (seven) years with fine of Tk. 50,000.00 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD)..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
....the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ...... Shahabuddin Ahmed J: In this appeal by special leave the question is whether the impugned order of the High Court Division granting appellant bail pending disposal of his appeal but making it conditional upon payment of the entire fine of T..Category: Criminal Law | Date: | Hits: 44
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....rposes which the judicial process is intended to secure and it is difficult to include the actions of investigating agencies within the scope of judicial process. 24. Mr. Mainul Hosein attempted to get over the difficulty in the......ction with that case under section 436 of the Penal Code and President's Order No. 50 of 1972 (hereinafter referred to as P O 50). The learned Sub-divisional Magistrate rejected the prayer for bail on their behalf and remanded them to custody fixing 7-12-72 for further report. Subsequently t..Category: Criminal Law | Date: | Hits: 125
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ......sp; Sayem J.- This two appeals arise out of two separate orders of a Bench of the High Court Division directing release of the respondents on bail, pending disposal of an appeal by the Government against their acquittal by a Special Tri..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....titution of the USA did not define US citizenship prior to the Civil War, probably to avoid fixing the status of slaves. The Supreme Court in Scott Vs. Sandford 60 US (19 How.) 393 (1857) defined the scope of US citizenship negatively, holding that such citizenship could not extend to a freed slave.......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....was not entitled to take lease of an Enemy Property, the leave obtained by the appellant was a misconceived one and the other findings in the impugned judgment having not been assailed, there is no scope to make any further enquiry in this appeal. 7. It is true that one of the reasons for......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ..Category: Property Law | Date: | Hits: 80
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....a measure of abundant caution. In other words, section 6 is the master ouster provisions, section 7 is an exception to that ouster. The exception cannot render the ouster provision nugatory. There is scope for argument that if both appellate and revisional interlocutory orders of an Artha Rin Adalat......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......"dowry" in section 4 is not to be read in terms of the definition of the word "dowry" in section 2 but in its ordinary sense. The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 D..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....y of the amended decree from the Arbitrator the appeal was within time. But the question, is what has been done or what can at all be done on an application under section 152 of the Code. The scope and purpose of this section are very limited and the decision on a successful application und......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Mahbub and others Vs. State, 1994, 23 CLC (AD)
.... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ...... made by the Additional Sessions Judge, Dhaka, under section 221(c) read with section 10(1) of the Madak Drabbya Niaantran Ain, 1990 and pending disposal of the appeal they filed an application for bail. But a learned Single Judge of the High Court Division by an order dated 22 February 1994 reje..Category: Criminal Law | Date: | Hits: 55
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
.... in deciding this case. Mr. SR Paul, learned Advocate appearing for the appellant, has submitted some decisions of this court, High Court Division and of Indian jurisdiction for appreciating the true scope of amendment of pleadings. In the case of Golam Hafiz Mia Vs. Khadem Ali Miah, 29 DLR(SC) 311 ......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....ontemplated in sub‑section (5), section 23 of the Rules. If the reasonings given by the Administrative Appellate Tribunal that there is no higher authority above the President and hence there is no scope to file any review against the order of the President is accepted, then the provision of revie......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....at authoritative decisions of the superior Court, if uniformly followed, ripen into law, in which case legislative backing is not necessary. But where such decisions are not uniform and they leave scope for divergent views, then suitable legislation becomes necessary, all the more to dispel any ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ...... report contains a recommendation that a sentence be reversed or altered, any order that the execution of such sentence be suspended, and, if the accused is in confinement, that he be released on bail on his own bond." 11. Section 439 gives the power of revision only to High Cou..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....n's order was set aside on the ground that it exceeded its inherent jurisdiction as the Magistrate's final order as to possession was based on proper consideration of evidence and that there was no scope for the High Court Division to exercise its inherent jurisdiction. In that appeal, the High ......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....d should not be taken as laying down any general proposition of law. 18. Mr. Rafique-ul-Huq has referred to a large number of decisions on error apparent on the face of the record and on the scope of review, but in view of what we stated above we do not think that a consideration of those ......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ..Category: Banking Law | Date: | Hits: 125
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....enged is that they are violative of Articles 27 and 29 of the Constitution as held by the High Court Division. 19. Before I take up this ground for consideration, I like to examine the nature and scope of the impugned Rules of 1990. These Rules are called "এডহক চাকুরী গন......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......tention of Mr. Karim. 8. In the result, the appeal is allowed. The impugned order of the High Court Division is set aside and that of the trial Court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. ..Category: Criminal Law | Date: | Hits: 61
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......Azizur Rahman, who is 'debor' of her elder sister, having gone out of the house on her own accord being in love with him. Accused Azizur Rahman also surrendered in Court on that day and was granted bail. 6. The appellant made a prayer before the Chief Metropolitan Magistrate, Dhaka for giving t..Category: Criminal Law | Date: | Hits: 68
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