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Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......sing the inherent power can grant ad-interim bail to the accused-petitioner to secure the ends of justice. He has placed before us some case laws of the sub-continental jurisdiction. He referred to a decision of the Delhi High Court in the case of Devendra Dutt and others Vs. State and others report..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
.... "here we must remember, concerned as we are in expounding an aspect of the Constitution bearing on social defence and individual freedom, that humanism is the highest law which enlivens the printed legislative text with the life breath of civilized values. The Judge who forgets these rules of law ......case may be, if the said authority is satisfied that such person has indulged in prejudicial activities within the meaning of section 2(f) of the Act. In support of her contention, she has referred a decision in the case of Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh an..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
.... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ......ction petition would be tried as practically as may be, in accordance with the procedure laid down for the trial of suits under the Code of Civil Procedure, 1908. The learned Advocate has relied on a decision in the case of Mohmud Hussain Vs. Md Sayeb Ali and others reported in 1989 BLD 173. ..Category: Election Law | Date: | Hits: 79
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......o, testified the fact of two telephone calls and departure of her son Fatik with Abdus Sabur and, also, demand of Taka 10,00.000 from them on condition of recovery of her son Fatik. 9. Fundamental decisions which weighed with learned Trial Judge in recording verdict of conviction and sentence are..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ....... 1 to 4 did not press the application on their behalf. On consideration of the application and the objection, the learned Joint District Judge was of the view that the suit was for partition and the decision in which might take time; that the question of title could be decided in the suit and that ..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......s case for which the accused‑petitioner cannot get any relief in this Rule which should be discharged. 7. The learned Advocate for the accused petitioner in support of his contention cited the decision reported in 1999 BLD 461 = 52 DLR 530 and contends that simple dishonour of a cheque does n..Category: Criminal Law | Date: | Hits: 38
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ......plated under section 8C of the Court‑fees Acts, but in passing the impugned order without doing anything like that the learned Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice. 8. The learned Advocate for the petitioner submits f..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......Kumar Achariya forcibly attempted to provide medicine for spontaneous abortion. Accused Dr. Anukul Chandra Achariya did not keep his promise. Bangladesh Mabila Parishad was, thereafter, approached. A decision had been reached wherein accused Dr. Anukul Chandra Achariya signed papers promising to acc..Category: Criminal Law | Date: | Hits: 64
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......as well as two public servants, the criminal proceeding is not barred under section 195(1)(c) of the Code of Criminal Procedure. In support of his contention, the learned Advocates have referred to a decision reported in 4 BLC (AD) 228. The learned Advocate Mr. Khurshid Alam Khan also submits that t..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ...... So, it is necessary to prevent abuse of the process of law to secure ends of justice, even before cognisance has been taken. In support of this contention, the learned Advocate has, referred to case decisions reported in 40 DLR 295 and 1995 BLD (AD) 115 = 48 DLR (AD) 87. 5. None appears to r..Category: Criminal Law | Date: | Hits: 49
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......ncapable of remedy.
13. He submitted that lease was cancelled mala fide because before cancellation, the board of allotment already allowed the application of defendant No.7 dated 25‑2‑93. The decision dated 8‑4‑93 was taken at the instance of the then Works Minister. He also took us thou..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......No. 1 on the rent receipts with his admitted signatures in the written statement and power. 4. He also submits that the Course adopted by trial Court was risky and unsafe. In support, he cited the decision of the Appellate Division in Torak Chandra Majhi Vs. Atahar Ali Howlader and others 8 BLC (..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......er prospectively?" The Appellate Division held that- "The sub‑sections clearly says that the step so taken and notice given is barely a proposal to acquire. Sub‑section (6) provides for the decision of the Government to acquire, and sub‑section (7) for the publication of the Government's..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......ecording his dying declaration before his death on 27‑9‑95. It is clearly mentioned in this petition that though they were not charge‑sheet witnesses but their examination is essential for just decision of the case. The tribunal allowed this application by issuing summons to those witnesses. S..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......d disregarding the first information report case, charge‑sheet, statements of the witnesses under section 161 of the Code of Criminal Procedure which he was under legal obligation to consider. In a decision in the case of the State Vs. Md. Shafiqul 1slam reported in 40 DLR 310 it was held by their..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......lication specifically mentioning the proposed questions and suggestions what the accused-appellants intended to put to the PWs 1, 2, 5 and 6 and it was contended that these were essential to the just decision of the case and had the accused‑appellants not been given that opportunity they would be ..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......itical worker and there is no material to subscribe to the view that he was ever instrumental in creating any law and order situation. In support of the submission, the learned Advocate refers to the decision in case of Sk Ali Ahmed Vs. Secretary, Ministry of Home Affairs and others reported in 40 D..Category: Criminal Law | Date: | Hits: 63
.... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......tion of registration of the petitioner.
7. The petitioner contends that in according permission the learned Chairman did not consider the documents filed, objection raised on points of law and the decision cited on behalf on the union and the labour Court illegally accorded permission to responde..
Category: Labour and Industrial Law | Date: | Hits: 186
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......is of assessment was challenged and no fruitful purpose could be achieved by preferring an appeal before the Commissioner of Appeal against such illegal order for assessment. In support, he cited the decision in the case of Mustafa Kamal and another Vs. Commissioner of Customs and others 5 MLR (AD) ..Category: Fiscal/Taxation Law | Date: | Hits: 78
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......the relevant Service Regulations, 1979 and that the impugned order has been passed by the respondent No.5 of the Writ Petition in collusion with the Head Master most mala fide to frustrate the lawful decision of the school management committee dismissing the Head Master on charge of misappropriation..Category: Civil Law | Date: | Hits: 90
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