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State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)
....kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......cted to secure the arrest of accused-respondent Md. Sayab Ali@ Babu, S/o Abdul Wahab Akanda, Village-Bawra, Police Station-Belkuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
.... when the person committing the offence under section 138 is a company. If, it is not alleged or it can not be alleged that the offence under section 138 is committed by a company, then there is no scope to apply or invoke section 140(1) of the Act to implicate the persons who were running the bus......en cognizance of the case, where upon the CR Case No.107 of 2008 has been registered. 3. The accused petitioner voluntarily surrendered on 28-10-2008 before the learned Magistrate and obtained bail. At this stage the accused petitioner has moved this petition under 561A, as a motion, and ob..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......of the Negotiable Instrument Act, where upon C.R. Case No.763 of 2008 has been registered, and issued summons. The accused-petitioner surrendered before the court of Magistrate and he was enlarged on bail. 4. It further appears from the statements made in the petition filed under section 561A t..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
....tioners had obtained reports from dailies which supported the resolution taken by the PSC that the recruitment should be made on the basis of the recommendation dated 18th February, 2007. There is no scope for canceling the result of the first viva-voce result. The recruitment procedure was thorough......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
....such salish by a private person is bereft of any legal authority and is illegal.
37. In the formal Courts, or in the context of alternative or traditional dispute resolution processes, there is no scope for the application of any version of shariat to the incidents in question, or the nature of t...... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1...
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
....া কেন্দ্র এবং প্যাথলজিক্যাল ল্যাব্রেটরি” in 2nd schedule of VAT Act, 1991, being ultra vires and beyond the scope of fundamental state policy as stated in the Constitution. VAT is exempted from treatment and ...... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
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Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....er section 7 or by filing application under Order IX Rule 13 by depositing 50% of the decreetal amount. For appeal also 50% of the decreetal dues must be deposited. Limitation is 30 days. There is no scope for condonation of delay. The learned Advocate submits that once decree is passed and time lim......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....ishonored cheques alleging that the cheques were obtained by force or by abduction is not subject matter of this rule. The said case has no relevance to the impugned proceedings and there is no legal scope to connect that case in the disposal of the instant rule. 16. In view of our findings and o......under section 138 of the Negotiable Instrument Act, 1881, (the N.I. act) against the accused by the Magistrate. The accused petitioner thereafter appeared before the Magistrate and he was enlarged on bail. 3. Thereafter the case being ready for trial, the same was sent to the learned Metropolitan..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....r within 48 hours report be sent to the civil surgeon. This P.W. denied the defence suggestion that it is not a fact that within 48 hours the report was not sent before the civil surgeon or there was scope of embellishment in the report. 28. P.W.6 Lutfa begum deposed that deceased Abul Hashem i......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....-matured which is not curable. Mr. Anisul Huq further submits that the Negotiable Instrument Act is a special law and each of the provisions of this Act has to be interpreted as it is and there is no scope of any relaxation of the same or interpreting the same otherwise. He categorically submits t......the accused-petitioner and issued warrant of arrest on the same date and the accused-petitioner thereafter voluntarily surrendered before the learned Chief Metropolitan Magistrate, Dhaka and obtained bail therefore. That the case was subsequently transferred to the Court of learned Metropolitan Se..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300....... under section 200 of the Code of Criminal Procedure and cognizance was taken against the petitioner. The petitioner voluntarily surrendered in the Court of Magistrate 1st Class, Tangail and obtained bail and thereafter the case was transferred to the Sessions Court for trial and it has been registe..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....t vexatious, frivolous or irresponsible proceedings for acts done in the discharge of his official duty or purport to act in the discharge of his official duty if his act is such as to lie within the scope of his official duty and to secure the opinion of the superior authority whether he should be ......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....sequently, the High Court Division has not committed any error or illegality in setting aside the erroneous order of the Court below." 4. The learned Counsel next submits that there is no scope to exercise the inherent powers to secure ends of justice. In support of his contentions he re....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... Act for any property which may be in his possession. He points out that in the aforementioned decision it was held that in the commission of an offence under section 26(2) of the ACC Act there is no scope of anybody to abet and similarly an offence under section 27(1) of the ACC Act, 2004 is an agg...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
.... the Commission who had been authorised and the power having been delegated under section 18 of the Act, the sanction was not illegal. It was further held as follows:
"Moreover, there is no scope to challenge the efficacy of the sanction which has been accorded in Form 3 under Rule 15 (7) ......les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
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Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......ng one Habilder and three Constables of GRP, and two Ansar personnel. The children had in total 3 kg ganja taped with a bandage to their bodies. He further reported that the children were enlarged on bail on 25.01.2010 by the learned Judicial Magistrate, Court No.2, Kishoregonj. He also narrated tha..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....w, that is to say, whether the mandatory provisions of section 117(e) of the E.B.S.A. and Tenancy Act were complied with on the face of the record. In the said decision it was further held:- “The scope of this examination cannot be so limited as to ask the Court to keep its eyes closed and to ac......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....ged offence was taken before arisingof the cause of action which is without jurisdiction and such illegality cannot be cured by applying any provision of the Code of Criminal Procedure, because the scope of application of the provisions of the Code has been taken away purposely by incorporation of......plainant under section 200 of the Code of Criminal Procedure and fixed 02.10.2007 for appearance of the accused-petitioner. The accused-petitioner appeared on 01.10.2007 and filed an application for bail and accordingly, he was enlarged on bail. 5. Ultimately, the case was transferred to the..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....ded as imperative or mandatory or merely as directory or permissive. It is the duty of the Courts of justice to try to get at the real intention of the legislature by carefully attending to the whole scope of the statute to be construed. When the parliament or the framers of the law employed certain......mmission as has been done in the instant case is, prima facie, malafide and repressive and liable to be struck down and accused petitioner unlawfully arrested and detained is liable to be released on bail despite bar to seek bail under Rule 19 (Gha) of the Emergency Power Rules, 2007”. ..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......re the court of the learned Metro, Assistant Sessions Judge, 5th Court, Dhaka, where it was re-numbered as Metro' Sessions Case No.2561 of 2006 and the learned Metro. Assistant Sessions Judge granted bail to the petitioner on 8-11-06. 5. Thereafter, the accused petitioner moved a petition under..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
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