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Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....the attendance of the accused at the time of the trial and that the proper test to be applied for the solution of the question whether bail should be granted or not is whether it is probable that the party will appear to take his trial. 16. In G Narasimhula Vs. Public Prosecutor, 1978 CriLJ 502; ......even where the Court is not seized directly of the Proceeding in question and where no actual arrest has been made so far but anticipatory bail is asked for e.g. where the case is still at a stage of investigation by the police or pending in a subordinate court. 26. In State Vs. Abdul Wahab Shah ..Category: Criminal Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....enal Code. In the said order, the learned Magistrate pointed out that in a proceeding under section 133 Cr.P.C. being Criminal Miscellaneous Case No.26 of 1983, petitioner and others, who were second party of the said proceedings were directed to remove obstructions from a river. The said order has ......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379...Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....ablished only for charitable purposes and no income or property was held by the institution for any other purpose. The income that has been derived out of ‘Arong’ and BRAC printers were not kept apart for application in other purposes. It is according to Mr. Ahmed a 100% charitable institution. ......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..Category: Fiscal/Taxation Law | Date: | Hits: 99
....ives special statutory protection against disclosure of facts relating to a customer. Section 5 of the said Act provides that no officer of a bank shall in any legal proceeding to which the bank is a party be compelled to produce any banker’s book or to appear as witness to prove the matters, tran......trict and Sessions Judge, Dhaka according permission to the respondent No. 1 Deputy Director, Bureau of Anti Corruption, Dhaka to seize certain documents (of 9 account holders) in order to facilitate investigation has been called in question. Accordingly, respondent No. 1, Deputy Director, Bureau of..
Category: Criminal Law | Date: | Hits: 41
....Annexure-B to this petition. The petitioner was posted to the Serajgonj O & M Division, BWDB on transfer from Dhaka Food for Works Division vide Board’s Memo No. 1347- WDB(ADM) B-B-1/1p2/89 1st part dated 1-10-90 as Sectional Officer, Section-2 under Sub Division-1, Serajganj O & M Sub-Div......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136...
Category: Employment/Service Law | Date: | Hits: 72
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....order dated 29-9-88 passed by the Assistant Judge, Gobindaganj, in Miscellaneous Case No. 64 of 1984 disallowing pre-emption. 2. Short facts relevant for the purpose of the case are that, opposite party Nos.1 and 2 as pre emptors filed a case land under section 96 of the State Acquisition and Ten......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..Category: Property Law | Date: | Hits: 56
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....rit-respondent-petitioners seek leave to appeal against the impugned judgment and order dated 25.8.2003 passed by the High Court Division in Writ Petition No. 1248 of 2003 making the rule absolute in part declaring that by not holding election according to law the action of the respondent has become......ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ..Category: Civil Law | Date: | Hits: 116
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....under section 493 of the Penal Code and sentencing him thereunder to suffer RI for two years and to pay a fine of Taka 500.00, in default, to suffer RI for a further period of 15 days. 2. Opposite party No.1 Asia Begum lodged a petition of complaint in the Court of the Upazila Magistrate, Faridga......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129...Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....swer charges under sections 447/325/354/34 of the Penal Code to which they pleaded not guilty and contended, inter alia, that the present case is just a counter blast of the case filed by the accused party against the accused informant and his party men. The contention of the defendants is that info......ussain to their house and kept them under confinement, tied with ropes. On their cries neighbouring people came and heard about the incident from them and hence the case. 4. The police after usual investigation submitted charge-sheet against the accused persons under sections 447/325/354/34 of th..Category: Criminal Law | Date: | Hits: 68
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....that any proceeding was pending before any court or to any investigating agency for investigation against any person regarding those documents or there was any allegation or information regarding any particular MT or TT was received, for which the respondent No. 1 had reason to have those documents ......f any inquiry. 5. According to him, section 94(1)(a) of the Code of Criminal Procedure provides that the learned Sessions Judge can direct for production of any banking document for the purpose of investigation of offence under sections 403/406/408 and 409 and sections 421 to 424 (both inclusive)..Category: Anti-Corruption Laws | Date: | Hits: 153
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....tion No. 3832 of 1992 challenging the order of conviction and sentence passed by the Special Martial Law Court No.4 in Special Martial Law Case No.24 of 1983. The High Court Division upon hearing the parties made the Rule absolute vide Judgment dated 21-4-1994 on the ground that the trial held by th......the dead body was discovered on 1-1-83 whereupon UD Case No.1/83 was started with the local police. Subsequently, the SI Sagir Ahmed suo motu lodged First Information Report on 5-1-83 and took up the investigation of the case and submitted charge sheet on 20-8-83 under sections 364/302/201 read with..Category: Criminal Law | Date: | Hits: 56
....Director. During 14 years as the, Managing Director, he did neither call any meeting of the Board of Directors nor general meeting of the Company. He controlled all the affairs of the company without participation of any other Director. Through a resolution in a meeting of the Board of Directors, th......ication before the High Court Division and from the statements of the said Revisional application, the petitioner for the first time, came to know that the respondent No.4 made an arrangement for the investigation of the affairs of the Company by the Bureau of Anti-Corruption. The petitioners therea..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....ders (forklifts), 10 prime movers and 24 trolleys worth of about US$ 50.00 and those were brought on the permission given by the respondents on 13-3-97 within the port area. Similarly, others private parties have also their own private in the port area. The decision to allow handling of such equipme......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....erials, i.e. bricks and coals, etc. and a notice was served upon the petitioner on 8-6-79 under section 5 of the (Emergency) Requisition of Property Act, 1948. The petitioner was paid compensation in part but no gazette notification was made by the Government under section 5(7) of the Act and the la...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....e of HM Ershad Vs. State reported in 45 DLR 533 wherein it has been held that consideration of the statements made under section 161 of the Cr.P.C. while framing of charge or otherwise is a necessary part of the Courts duty. 6. Only allegation, we find against the accused appellants is that the c......e police that the accused appellants are also involved with them in connection with the smuggling of six bottles of Phensidyl. On this allegation the First Information Report was lodged. Police after investigation submitted charge-sheet against two accused persons namely, 1. Selim and 2. Nawshad and..Category: Criminal Law | Date: | Hits: 47
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....Deputy Attorney-General—For the Respondents. Writ Petition No. 1316 of 1995. Judgment Md. Awlad Ali J. - This Rule issued under Article 102 of the Constitution arises out of the impugned departmental proceeding and order dated 18-3-95 issued by the President, Taxes Appellate Tribunal, Dha......ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358...Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....ome tanneries managed by Muktijodda Kallyan Trust including Madina Tannery were put to auction through public bid and accordingly, tenders were invited and the petitioner according to the tender term participated in the tender and the petitioner being the highest bidder in the auction sale purchased......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ..Category: Others | Date: | Hits: 95
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....Assistant Judge, Moheshkhali Cox’s Bazar passed in the pre-emption Misc. Case No 17 of 1986 under section 96 of the State Acquisition and Tenancy Act. Dismissing the prayer for pre-emption opposite party No. I filed pre-emption case against the present petitioner and others. Case of the pre-emptor......stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ..Category: Property Law | Date: | Hits: 67
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....m and others was revealed. Nannu made a confessional statement admitting the entire occurrence. 11. PW 5 is Nasiruddin. He stated in his deposition that he was the ex-Chairman and he knew both the parties. On 22-8-91 at about 9-00/9-30 PM occurrence took place. Salahuddin and deceased Mokles went......, held the inquest of the dead body and sent the same through PW 8 Constable Siddiqur Rahman to the morgue where doctor Abdul Ghani Sardar held postmortem on the body of the deceased and police after investigation submitted charge sheet against 8 persons including the appellants. 4. The defence c..Category: Criminal Law | Date: | Hits: 55
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... appellant for permission to withdraw the suit on the ground of formal defects with permission to sue afresh on the same cause of action. The learned Subordinate Judge by his order dated 10-6-1989 ex parte allowed the prayer for withdrawal of the suit after allowing the appeal and setting aside the ...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ..Category: Property Law | Date: | Hits: 88
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