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Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)

....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......e passed by the learned Special Judge is set aside and the accused persons are acquitted of the charges framed against them and they be set at liberty at once. The accused be discharged from their bail bond. In view of the fact that I have set aside the order of conviction and sentence, ..

Category: Criminal Law | Date: | Hits: 68

Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)

....t suit. The mere fact .that one or two issues are common to the two suits viz, whether the property is waqf and whether the alienations are void is not sufficient for bringing the suit within the scope of section 10. It was held by a Division Bench of the Allahabad High Court in the case of Ga......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..

Category: Property Law | Date: | Hits: 86

Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)

....nnot be rejected at this stage in view of the facts and circumstances of the case. In this context, I can also mention that the learned Advocate for the opposite party is not obvious of the limited scope of interference under section 151 of the Code of Civil Procedure. He has accordingly ......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..

Category: Property Law | Date: | Hits: 69

Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)

....dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ...... The Rule is accordingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ..

Category: Criminal Law | Date: | Hits: 82

Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)

....diction. According to the learned Advocate, the question as to legality or otherwise of the said order passed in a proceedings under section 145 of the Code of Criminal Procedure is not within the scope of an investigation in the present suit. Before I dilate upon the said point in detail I woul...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ..

Category: Property Law | Date: | Hits: 69

Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)

....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......Special Tribunal, the police submitted charge sheet dated 10-2-98 against four accused persons including Abdus Salam under the aforesaid provisions of the Am -of 1985. On 29- 4-98, an application for bail of the victim girl was filed before the Special Tribunal which was rejected whereupon an appeal..

Category: Criminal Law | Date: | Hits: 71

Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)

....operty shall not be disturbed in any manner whatsoever. 13. Mr. Md. Nurullah, learned Advocate for the petitioners, submits that the High Court Division acted illegally and beyond the scope of the writ jurisdiction in entering into disputed questions of title and possession and that...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..

Category: Property Law | Date: | Hits: 64

Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)

....orted in 38 DLR (AD) 172. The first contention of the learned Counsel is not acceptable. 6. The learned Counsel next submits that even under section 115 of the Code of Civil Procedure the scope of the High Court Division to interfere is circumscribed within a narrow compass and it is on......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..

Category: Election Law | Date: | Hits: 101

SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)

....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......he learned Magistrate on the aforesaid allegations took cognizance under section 138 of the Act and issued process against the appellant whereupon the appellant appeared before the Court and obtained bail on 19 September 1996. 4. The appellant filed an application under section 561A of the Code ..

Category: Business or Commercial Law | Date: | Hits: 145

Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)

.... section 25 (1)(a)(b) of the Standing Orders Act, 1965 can maintain an application before the Labour Court. The principle of that decision applies with full force in this case. There is hardly any scope to distinguish this case with the reported decision. 9. With regard to the last subm......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ..

Category: Labour and Industrial Law | Date: | Hits: 94

Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)

....mittee consisting of 4 members of the Board of Directors interviewed the candidates including the petitioner and allowed them marks on the basis of their performance in the interview. There was no scope to give marks to anyone arbitrarily. The guideline or criteria for promotion applies to all c......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ..

Category: Employment/Service Law | Date: | Hits: 63

Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)

.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ...... took cognizance of offences against the appellants under sections 415, 420, 406, 109 of the Penal Code and issued processes against the accused-appellants who surrendered voluntarily and obtained bail from the Court of the Magistrate. 4. Subsequent thereto a Rule was issued for quashin..

Category: Criminal Law | Date: | Hits: 69

Emran Hossain Vs. State, 1999, 28 CLC (AD)

....n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......        Latifur Rahman: In Criminal Appeal No. 149 of 1998, a Division Bench of the High Court Division by its judgment and order dated 15-2-98 refused the prayer for bail of the accused-petitioner in pending Special Tribunal Case No. 290 of 1996 before the Court of..

Category: Criminal Law | Date: | Hits: 66

Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)

....he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 119. ......cused persons for non-appearance of the complaint on the date of securing attendance of the accused persons for whose arrest warrant was issued on complaint specifically when some of the accused on bail granted earlier remained absent and prayed for adjournment on that date……&hellip..

Category: Criminal Law | Date: | Hits: 61

State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)

....rt Division indulged in fanciful surmises and conjectures in regard to what “probably” happened. It held that the prosecution suppressed the sequence of events. Where, we wonder, is the scope to speculate about the missing links? The prosecution has given the whole story. There is no......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ..

Category: Criminal Law | Date: | Hits: 80

Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)

....hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ...... represented— Respondent No. 3. Criminal Petition for Leave to Appeal No. 64 of 1998. Judgment       Mustafa Kamal J.- The accused-petitioners on bail are on trial before the 2nd Court of Additional Sessions Judge, under sections 370/324/326/379..

Category: Criminal Law | Date: | Hits: 63

Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)

....zam Road which was not done; that the blocks built by the appellant were used for commercial purpose and not for public purpose; and that the administrative order of the Government was not within the scope of interference by the court. 8. Mr. Md. Serajul Huq, learned Counsel for the appellant, s......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ..

Category: Property Law | Date: | Hits: 63

Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)

....o. 28 of 1973 was specifically enacted in pursuance of the powers of Parliament granted by Article 68 of the Constitution. It cannot be said therefore that the insertion of Article 3C is beyond the scope of President’s Order No. 28 of 1973……..(6) A Member of Parliament......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ..

Category: Constitutional Law | Date: | Hits: 152

Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)

....ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......e the common feature, however, is that the Prime Minister allegedly said that in two days (25 and 26 August, 1998) the High Court (apparently she meant a Bench of the High Court Division) had granted bail in 1200 cases and when the attention of the Chief Justice was drawn to it, he only changed the ..

Category: Others | Date: | Hits: 99

Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)

....hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......;…..Respondents Judgment April 22, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 417 As a matter of practice the High Court Division normally grants bail to the persons acquitted on full trial where the state prefers an appeal against the order of ..

Category: Criminal Law | Date: | Hits: 57