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KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)

.... Deputy Commissioner, Dhaka to show cause as to why petitioner KM Obaidur Rahman, Md. Nurul Islam Manjoor and Shah Moazzam Hossain respectively should not be enlarged on bail in Lalbagh PS Case No.11 dated 4-11-95 corresponding to OR Case No. 10698 of 1975 now pending before the learned Sessions Jud......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51...

Category: Criminal Law | Date: | Hits: 46

Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43....... father-in-law and he himself would give two kanis of land from his own land and would keep him as domesticated son-in-law. The accused Abdul Khaleque further stated that about one month prior to the occurrence, consultation took place amongst himself and accused Zaru Mia and others that his father ..

Category: Criminal Law | Date: | Hits: 42

Harun and others Vs. State, 1998, 27 CLC (HCD)

....osed of by this common judgment. 2. Criminal Miscellaneous Case No. 1212 of 1996 at the instance of the accused-petitioner Bachu alias Bachu Sheikh has been directed against the judgment and order dated 23-11-95 passed by the learned Sessions Judge, Dhaka rejecting the prayer for bail of the accu......ssions Judge, Dhaka rejecting the prayer for bail of the accused-petitioner raising the contention that he did not commit any offence and he had been falsely implicated in the case and on the date of occurrence he was in India. In Criminal Miscellaneous Case No.310 of 1998 similar plea of alibi had ..

Category: Criminal Law | Date: | Hits: 65

State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)

....itioner. T.H. Khan, Senior Advocate, instructed by Taufiq Hossain, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 347 of 2010. (From the judgment and order dated 26.05.2010 passed by the High Court Division in Criminal Miscellaneous Case No. 6566 of 2010.)......f Chief Metropolitan Magistrate, Dhaka. 2. Facts relevant for the disposal of this petition are that on the basis of an F.I.R. lodged with the Motijheel Police Station on 22nd August, 2004 over an occurrence alleged to have been committed, on 21st August, 2004 at about 5.40 p.m. in front of the C..

Category: Criminal Law | Date: | Hits: 50

Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)

....nt Abdus Salam Mamun J.- This Rule Nisi was issued upon the respondents as to why the cancellation order communicated by the Memo No. বিঃ বোঃ/ নিঃ ওসঃ/-২/০৪/২৪০ dated 4-3-2004, evidenced by Annexure A to the Writ Petition shall not be declared to be without aut...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ..

Category: Others | Date: | Hits: 182

State Vs. Babul Miah, 2010, 39 CLC (AD)

....ional Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant. Ex-prate- For the Respondent. Criminal Appeal No. 20 of 2001. (From the judgment and order dated 30.5.1995 passed by the High Court Division in Death Reference No. 20 of 1992 heard along with......articles and recovery of the same from P.W.4 allegedly sold by the accused respondent on the reasoning that this fact of stealing away of goods has been introduced long three months after the date of occurrence and this fact has not been alleged in the FIR. The learned Judges of the High Court Divis..

Category: Criminal Law | Date: | Hits: 58

Syed Muhammad Mashiur Rahman Vs. President of Bangladesh and others, 1996, 25 CLC (HCD)

....here the President summons Parliament that has been dissolved to meet under Article 72(4), this Chapter shall apply. Mr. Bhuiyan submits that since for a limited period, that is, for 90 days from the date of dissolution of Parliament or before expiry of the Parliament the provisions of Article 56 wi...... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ..

Category: Constitutional Law | Date: | Hits: 199

Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)

.... Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-4 & 6-37. Civil Petition for Leave to Appeal No. 2499 of 2009. (From the judgment and decree dated 20.08.2009 passed by the High Court Division in First Appeal No.203 of 1999.) Judgment S......ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ..

Category: Property Law | Date: | Hits: 58

Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)

....vision No. 1396 of 1992. Judgment ABM Khairul Haque J. - This Rule was issued at the instance of the petitioner calling upon the Deputy Commissioner, Rajshahi, to show cause as to why the Order dated 28-9-92 fixing the date of trial on 24-10-92 in respect of the petitioner without obtaining sa......preposterous. It is nobody’s case that all the accused persons married the victim or all of them raped her, let alone the petitioner who was the marriage registrar and was nowhere near the place of occurrence. 6. The date of trial of the accused persons was fixed on 28-9-92. On that date also t..

Category: Criminal Law | Date: | Hits: 50

Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....d baseless for the merchandise. The basis for determination of tariff value under delegated authority as provided in section 25(7) of the Customs Act, 1969 on the basis of Notification No. 38/97 Cus. dated 30-12-97 suffers from want of authority and, as such, the assessment of duty impugned is illeg......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ..

Category: Fiscal/Taxation Law | Date: | Hits: 84

Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)

....uperintendent–in-charge of Zadavpur Islamia Dakhil Madrasah at Mithapukur, Rangpur asking him to show cause as to why he should not be prosecuted for committing contempt of Court by violating order dated 27.8.2006 passed by the High Court Division in Writ Petition No. 8022 of 2006. 2. The facts...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68

Md. Azizul Islam Vs. State, 2011, 40 CLC (HCD)

.... to show cause as to why the accused petitioner should not be enlarged on bail in Sessions Case No. 413 of 2010 corresponding to G.R Case No.41 of 2010 (khan) arising out of Khansama P.S. Case No. 06 dated 16.05.2010 under section 143/ 447/ 342/ 323/ 302/ 307/ 354/ 506(II)/114 of the Penal Code, now......d blow on the nose of the victim which caused ultimately a serious injuries of the nose but this contention of the FIR did not corroborate the surathal report and the victim died after 14 days of the occurrence in the Hospital, in that view of the fact the learned advocate further submits that the v..

Category: Criminal Law | Date: | Hits: 40

Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)

.... to have been detained under the Act. He then referring to specific instances of various overt acts committed by the detenu submits that in the grounds of detention there are specific overt acts with date and details of the commission of the incidents committed by the detenu and his accomplices and ......in support thereof maintained in the Government File ('Secret File') it appears that unlike many other cases the detaining authority in the instant case specifically mentioned the dates and places of occurrence narrating the overt acts, in brief, allegedly committed by the detenu and his accomplices..

Category: Criminal Law | Date: | Hits: 55

Subasish Das (Bobby) and three others Vs. Bangladesh University of Engineering and Technology and others, 1999, 28 CLC (HCD)

....t the instance of respective petitioner of the four Rules challenging the respective order of expulsion from the respondent No. 1 Bangladesh University of Engineering and Technology (BUET) by letters dated 24-6-99 passed by Board of Residence and Discipline of the said University and communicated by....... All of them appeared before the Board and made statements. Though they did not admit the allegations directly we find from their statements that 3 of them admitted their presence, where the alleged occurrences took place and one of them totally denied, the allegations against him stating that he w..

Category: Others | Date: | Hits: 116

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....nd. 35. It is now settled that the Superior Court has power to commit for contempt. The usual criminal process to punish contempt was found to be cumbrous and slow, and the Courts at an uncertain date assumed jurisdiction themselves to punish the offence summarily so that cases may be fairly hea......ore a competent Court for trial. If the suspected offender is not interrogated independently, and in case of necessity taking the offender to the spot of the offence committed at or about the time of occurrence or shortly thereafter, it will be difficult for the police to collect material evidence i..

Category: Criminal Law | Date: | Hits: 164

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....95. Judgment Md. Ruhul Amin J.- This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution of the Peoples Republic of Bangladesh impugning the order dated 9-4-1995 (order No.15 dated 9-4-1995) of the Court of Subordinate Judge and Artha Rin Adalat N......en prejudiced in any respect or manner. 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) 341. ..

Category: Civil Law | Date: | Hits: 90

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

....In both the appeals) Criminal Appeal No. 1000 of 1995 with Criminal Appeal No. 729 of 1995. Judgment Gour Gopal Saha J.- These two appeals are directed against the judgment and order dated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1994, convi...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...

Category: Criminal Law | Date: | Hits: 43

Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)

....tioner. FKM Ahsan Mahbub, Assistant Attorney-General—For the State. Criminal Revision No. 647 of 1993. Judgment Gour Gopal Saha J .- This Rule is directed against the judgment and order dated 27-2-93 passed by the Sessions Judge, Gazipur, in Criminal Appeal No.14 of 1986, affirming the......ustainable in law, I am inclined to discuss the material evidence on record. 14. P.W.1 Md. Abdul Barek is the informant of the case and the father of victim Hachen Ali. He is an eye-witness to the occurrence. He stated in his evidence that at about 5-00 PM on 8-9-95 his son victim Hachen Ali got ..

Category: Criminal Law | Date: | Hits: 37

A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)

....ented — the Accused-Respondent. Criminal Appeal No.1128 of 1994. Judgment Md. Hassan Ameen J.- This criminal appeal, at the instance of complainant-appellant, is directed against the order dated 19-5-94, passed by Mr. Abul Kasem, Assistant Commissioner and Magistrate, 1st Class, Jhalakati......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329...

Category: Criminal Law | Date: | Hits: 63

Babar Hossain Vs. State, 2000, 29 CLC (HCD)

....tioner. FKM Ahsan Mahbub, Assistant Attorney General—For the State. Criminal Revision No. 1372 of 1992. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and order dated 2-6-92 passed by the 4th Court of Additional Sessions Judge, Comilla in Criminal Appeal No.114......s. It is found from the evidence that after causing the accident the accused petitioner hurriedly escaped with the truck before he could be apprehended by the people who assembled at the place of the occurrence. Subsequently, he was arrested by the police after most strenuous efforts. He was allowed..

Category: Criminal Law | Date: | Hits: 58