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Mojibar Vs. State, 1998, 17 CLC (HCD)
....er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......icating the appellant with the alleged dacoity. The learned Judge, the trial Court acted wrongly in treating the confessional statement as substantive evidence, against the accused appellant. Similar view is taken in a case reported in 2 DLR (PC) 29 wherein it is held that a confession of a co-accus..Category: Criminal Law | Date: | Hits: 78
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......nected or otherwise holding important post or office he cannot avoid the due course of the law to appear before the Courts below and use this court as a substitute of the Subordinate Courts”. In view of the above we find no merit in this case and ad-interim anticipatory bail of the petitioner i..Category: Criminal Law | Date: | Hits: 84
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504........- This Rule is directed against the order dated 1-1-96 passed by the District Judge, Thakurgaon in Miscellaneous Case No.9 of 1995 under Order 47 rule 1 of the Code of Civil Procedure, refusing to review his order dated 25-11-95 passed in Title Appeal No.18 of 1995, arising out of the judgment and ..Category: Procedural Law | Date: | Hits: 91
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......ost interested witnesses. Lastly, he has argued that the prosecution could not take any steps to ascertain whether the arms alleged to have been recovered were actually arms or not. In support of his views he referred to the case of Ahmed Ali Vs. Haji Abdur Rashid reported in 1991 BLD 11 and the cas..Category: Criminal Law | Date: | Hits: 59
Ismail Vs. State, 1999, 18 CLC (HCD)
....rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......to give protection to the interest of the accused. If a State defence is appointed in the manner was done in the case before us and if he conducts a case in a manner as we have noticed. We are of the view that the purpose of appointment will be totally frustrated. We do not find any reason why a Sta..Category: Criminal Law | Date: | Hits: 74
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....rred in law in not properly appreciating the scope of section 151 of the Code of Civil Procedure and in asking the petitioners to initiate independent proceedings for redress of their grievance on an erroneous view of law and the same has occasioned a failure of justice. 8. Mr. Faziul Karim, the ...... aggrieved by the aforesaid impugned order, the petitioners moved this Court and obtained the present Rule. 7. Mr. Abdul Quayum, the learned Advocate appearing for the petitioners, submits that in view of the fact that the award, which was subsequently made Rule of the Court, merely determined th..Category: Civil Law | Date: | Hits: 66
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......regarding their taking of part in the occurrence which is true and voluntary and, as such, the same alone may be a ground for holding the accused- appellants guilty for the offence charged. 10. In view of claim and counter-claim of the parties, let us now discuss the evidence on record. 11. P...Category: Criminal Law | Date: | Hits: 70
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ......aforesaid impugned order defendant-petitioner No.1 Falu Mia moved this Court and obtained the present Rule. 7. Mr. Mohammadullah, the learned Advocate appearing for the petitioner, submits that in view of the fact that the petitioner duly served the interrogatories upon the plaintiff detailing th..Category: Procedural Law | Date: | Hits: 67
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
....ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......Joynul Abedin J Tahmid Ahmed………………………….. Petitioner Vs. Jalaluddin Jafar Ali Husein………………………..Objector Judgment May 27, 1999. Result: The review application is not allowed. Cases Referred to- Maqbul Ahmed and another Vs. Ahmed Impex (..Category: Company Law | Date: | Hits: 186
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......y noticed that there is no deed creating the waqf in question and the grandfather of the petitioner was merely a Khadem of Mazar and petitioner as well as his father had been ad-interim Mutawalli. In view of the same we are of the opinion that there was no scope of application of the provision of su..Category: Trust/Waqf Law | Date: | Hits: 142
Almas Miah Vs. State, 2002, 31 CLC (HCD)
....ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......to be forged or counterfeit. Nor he was ever asked to explain for possession of the note. The prosecution therefore failed to prove the charge against the appellant under the section. 15. In above view of the matter, we find the judgment and order of conviction and sentence cannot be sustained in..Category: Criminal Law | Date: | Hits: 87
Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)
....monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ...... of the Special Powers Act of 1974 runs as follows: "3. Power to Make Orders Detaining or Removing Certain Persons.‑ (1) The Government may; if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act it is necessary so to do, make an order‑ ..Category: Criminal Law | Date: | Hits: 69
....all file the concise statement to make the appeal ready for expeditious hearing.
The appeal is fixed for hearing on 23rd August, 2011.
Ed.
This Case is also Reported in: VIII ADC (2011) 567.
......nt and order, since it failed to appreciate that the pro-forma respondent No. 3 Company has been duly complying with the provision of section 185 of the Companies Act, 1994 and giving a true and fair view of its profit and/or loss in its profit and loss account and selling the urea at the rate deter..
Category: Company Law | Date: | Hits: 366
....e on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562....... of things they should consider the present cases in the same way as has been done in the cases of 99 Assistant Engineers as in Annexures-F and F-1 to the writ petition in accordance with law.
In view of our discussions and findings made above, we are of the view that the present petitioners hav..
Category: Employment/Service Law | Date: | Hits: 66
Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)
....dure are found conspicuously absent in the case and consequently the learned District Judge is found to have erred in law in passing the impugned order of remand as a fanciful exercise of power on an erroneous view of law and the same has occasioned failure of justice. 7. In the result, the Rule ......ound conspicuously absent in the case and consequently the learned District Judge is found to have erred in law in passing the impugned order of remand as a fanciful exercise of power on an erroneous view of law and the same has occasioned failure of justice. 7. In the result, the Rule is made ab..Category: Property Law | Date: | Hits: 75
Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)
....ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287....... Judge. 4. We have heard the learned Advocate of both the parties and perused the paper, the impugned order and also the decision made by the Appellate Division in the above case and we are of the view that the impugned order passed by the learned Additional Sessions Judge on 15-6-9 Criminal Revi..Category: Criminal Law | Date: | Hits: 237
Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)
....he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284.......e emoluments and benefits at a rate much lower with the rate enjoyed by workers as per earlier settlement and being not commensurate with the present market price level and cost of living I am of the view the emoluments and benefits of the workers at the previous rates will continue and have its bin..Category: Labour and Industrial Law | Date: | Hits: 168
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
....sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......eding in question was illegal since the same was initiated upon a report submitted by an officer not authorised by law. He further submits that investigation of the case ought to have been stopped in view of the provision of section 167(5) of the Code of Criminal Procedure and the petitioner should ..Category: Criminal Law | Date: | Hits: 75
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
.... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......st this judgment, the accused petitioners moved the Court and obtained the present Rule. 7. Mr. Probir Halder, the learned Advocate appearing for Mr. SS Halder for the petitioners, submits that in view of the fact that the complainant has failed to prove his possession in the case land by cogent ..Category: Criminal Law | Date: | Hits: 73
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
.... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......the preamble of the Act it is seen that necessity that was felt to constitute the Bureau was for enquiry into and investigation of, offences relating to corruption and certain other offences with the view to prevent corruption and that for making provision for enquiry into, and investigation of offe..Category: Criminal Law | Date: | Hits: 62
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