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.... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266.......on of the Detenu on presentation of a petition under Section 491 of the Code which has been numbered as Criminal Miscellaneous Case No. 6693 of 2001.
4. Section 491 of the Code enshrines that if a person within the territorial jurisdiction of the Courts is illegally or improperly detained in publ..
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......n, he has taken us through the provisions of section 54 of the Code of Criminal Procedure and has argued that under nine circumstances as mentioned in the above section, a police officer may arrest a person without a warrant and without any order from a Magistrate. We cannot accept the argument of M..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......, as a result he fell down on the earth. Razzaque gave one ramdao blow on his throat causing a serious injury which almost severed his throat. Joynal, Nur Islam and Lebu Miah gave dagger blows on his person, causing his death. Accused persons attacked Lablu Miah, Abul Hossain and one Selim when they..Category: Criminal Law | Date: | Hits: 42
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201....... 28-9-94 (Annexure-D) that in a situation spelt out therein a fishery would be leased out prior to approval of the bid or that prior to acceptance of the bid by the prescribed authority or designated person, herein undisputedly, the Divisional Commissioner (respondent No. 3). There is also nothing i..Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......ntiff-opposite party, has referred to section 18 of the Limitation Act which deals with the effect of fraud. Section 18 of the Limitation Act is quoted before: “18. Effect of fraud.— Where any person having a right to institute a suit or make an application has, by means of fraud, been kept f..Category: Property Law | Date: | Hits: 64
Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
....to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ...... the allegations. In the case the respondent No.1 filed an amendment application under Order 6 rule 17 for adding some statements after paragraph 8 stating that the writ petitioner was a disqualified person and the number of votes 1986 obtained by him has got no value. The amendment sought for reads..Category: Election Law | Date: | Hits: 78
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ...... of a mortgage decree and Order XXI rule 65 runs as follows: “65. Save as otherwise prescribed, every sale in execution of a decree shall be conducted by an officer of the court or by such other person as the Court may appoint in this behalf and shall be made by public auction in manner prescri..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ......ties in case of dishonour of certain cheques for insufficiency of funds in the account. 138. (1) Dishonour of cheque for insufficiency, etc. of funds in the account.— where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another p..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
.... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......h but he failed to see later portion of the said paragraph of the power of attorney. It is clearly stated therein that the attorney is authorized to initiate legal proceeding against ‘other related person(s) and others”, that means this attorney has been given the power to initiate any legal pro..Category: Intellectual Property Law | Date: | Hits: 181
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ...... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ..Category: Property Law | Date: | Hits: 37
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......d on 31-8-96 against five accused. Subsequently, further investigation was held 6 the Police on the order of a superior officer and a supplementary charge-sheet was submitted against the four accused persons including the present petitioner. Mr. Sobhan has also argued that there is no provision for ..Category: Procedural Law | Date: | Hits: 65
State Vs. Moslem, 2002, 31 CLC (HCD)
....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ...... her husband, PW 2 to watch VCP TV. While watching VCP/TV, Rafiqul, PW 3 fell asleep and after some time he woke up and found accused Moslem and Salma missing. On query he became aware from attending persons of the show place that Moslem took away Salma on his shoulder. Rafiqul Islam, PW 3 started s..Category: Criminal Law | Date: | Hits: 82
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......9 and section 151 of the Code may profitably be noticed. Rule 29 of Order 21 runs thus: “29. Where a suit is pending in any Court against the holder of a decree of such Court, on the part of the person against whom the decree was passed, the Court may, on such terms as to security or otherwise,..Category: Civil Law | Date: | Hits: 66
....in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......see applicant to produce sufficient evidences in rebuttal of the same and arbitrarily relied on the report without either giving any chance to the applicant to rebut the same or without examining any person in support of his contention. In support of his contention he relied on the decision reported..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......d, the learned Advocate appearing on behalf of the plaintiff-opposite party Nos. 1-3 has supported the judgments of the court below. Section 42 of the Specific Relief Act reads as follows: “Any person entitled to any legal character, or to any right as to any property, may institute a suit aga..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......hat the corporation is not a company but a local authority and in arriving at such a finding they have lost sight of the definition of assessee as contained in section 2(2) of the Act which defines a person and the company is included in the definition of person under section 2(9) of the Income Tax ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......f credit. The respondent No. 5, the Assistant Commissioner Customs by his letter dated 19-11-2000 asked the appellant to appear and to produce the documents in respect of the consignment and also for personal hearing of the appellant. 3. The appellant filed an application under section 138 of th..Category: Fiscal/Taxation Law | Date: | Hits: 70
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......ng the plaintiffs prayer for recording his evidence on commission failed to appreciate properly and legally, the ground of inability of the plaintiff to appear before the learned Munsif in Court in person. He further argued that excepting the medical certificate nothing has been produced before th..Category: Procedural Law | Date: | Hits: 95
....
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193.......sh Shilpa Bank. The said bank sanctioned Foreign currency equivalent to Taka 10 lacs and local currency of Tk. 14 lacs as loan after compliance of all formalities including mortgage of property and personal guarantee of the Directors of the company. The petitioner's husband after obtaining the loa..
Category: Banking Law | Date: | Hits: 151
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......oity and raised alarm. People came from all around and the informant told the people assembled that he recognised some dacoits. He told so to Arshed, Kashem, Belayet, Abul Hossain and Ruhul. Of these persons, only Belayet has been examined as P.W. 6. The informant further told the said persons that ..Category: Criminal Law | Date: | Hits: 49
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