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Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)

.... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ...... 1-10-2006 for taking action against the accused petitioner under section 138 of the Negotiable Instruments Act, 1881. 3. The complainant was examined on 1-10- 2006. Accused petitioner prays for bail on 9-9-2007 and was enlarged on bail. Accused petitioner filed application under section 265(C)..

Category: Banking Law | Date: 22 May, 2008 | Hits: 227

Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)

....on of law as well as facts involves in this suit. So the plaintiffs ought to have institute (sic) a suit for establishment of their title. The Id. Munsif appear to have traveled (sic) beyond the scope of the suit and she was not justified in decreeing the suit. There is merit in the appeal whic......ourt and the police attacked (in the plaint in Bengali it has been written as “হামলা চালায়”) in the peaceful posses­sion of the plaintiffs by showing a decree. The bailiff of the Court having seen the valid title documents of the plaintiffs failed to execute the d..

Category: Property Law | Date: 13 May, 2008 | Hits: 5

Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)

....ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ......sued, on an application under section 498 of the Code of Criminal Procedure, calling upon the Deputy Commissioner, Habigonj to show cause as to why the accused petitioners should not be enlarged on bail in G.R. Case No.116 of 2006 arising out of Madhabpur Police Station Case No.09 dated 09-05-20..

Category: Criminal Law | Date: 13 May, 2008 | Hits: 9

Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)

....ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......ed of the charge levelled against him under section 4(Kha)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. The accused appellant Kazi Ramimul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. ..

Category: Women and Children | Date: 4 May, 2008 | Hits: 151

Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)

....imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......ed of the charge levelled against him under section 4(Kha)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. The accused appellant Kazi Ramimul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. ..

Category: Women and Children | Date: 4 May, 2008 | Hits: 8

Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... not find any substance in this Rule.  Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275.   ......ng legal notice, respon­dent No.3 filed the Complaint Case. The learned Magistrate took cognizance of the offence and issued summons. The petitioner appeared before this Court and was enlarged on bail. Subsequently, the case was trans­ferred to the Court of Metropolitan Sessions Judge who in..

Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5

Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)

....n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......etitioner on 29.09.1978 and 3 daughters were born during the wedlock, eldest is at the age of 24 and the youngest is at the age of 16. The accused petitioner appeared in this case and was enlarged on bail. It appears from the order sheet that when the Rule was obtained, charge was framed against the..

Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6

Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)

....s liable to be discharged. The learned Advocate submits that the trial Court decreed the suit rightly and the Court of Appeal below very cogently and legally dismissed the appeal. He submits that the scope of interference with the concurrent findings of fact of the Courts below under section 115 of ......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ..

Category: Property Law | Date: 28 Jan, 2008 | Hits: 31

Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....er. The Act no­where sets out the same as a specific ground for preventive detention. I am, therefore, of the opinion that on its very face the impugned order of detention does not fall within the scope and ambit of section 3(1) of the Act." 21. The decision as referred to by the lear......eral diary being No.2090 dated 29.05.2007 under Rule 16(2) of the Emergency Rules of 2007 and no Court either the Court of the Magis­trate or the Court of Sessions entertained any application for bail under the Code of Crimi­nal Procedure nor any regular case has been started on the basis of t..

Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10

Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....nexed therewith. Now to deal with the contentions raised by the learned Advocates before us, we feel it necessary to decide first whether in the facts and circumstances of the case there is any legal scope to direct the respondents to implement the Inter Ministerial Governmental correspondences as c...... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ..

Category: Property Law | Date: 9 Jan, 2008 | Hits: 20

Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....y, if it so desires, apply this provision within this one year period (1-5-2003 to 30-4-2004). Here in this case, admittedly, the suit was filed before the Ain, 2003 came into force. So, there was no scope for applying this provision by the Bank or, for that matter, the Adalat during pendency of a s......ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ..

Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9

AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)

....s clearly ousted the jurisdiction of all Courts and Tribunals including the High Court Division to grant bail, as it prohibits an accused person even to file an application for bail, and that limited scope for bail is given under Rule 19 Neo (5) of the Rules, 2007 for the offences under the laws men...... Sharifuddin Chaklader J.- All these Rules except the one in Criminal Miscellaneous Case No.12489 of 2007 involve an important and common question of law, namely authority of this Court to grant bail in cases where First Information Report (shortly FIR) have been lodged with allegations of some..

Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139

Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)

....of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......Petitioner. Criminal Miscellaneous Case No.6179 of 2007. Judgment Khademul Islam Chowdhury J.- This Rule at the instance of accused petitioner Al-haj A.B.M. Mohiuddin Chowdhury is for bail in Panchalish P.S. General Dairy No.409 dated 8.3.2007 now pending before the Chief Metropolita..

Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3

Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)

....Judgment November 27, 2007. Result: The review petition is allowed. The Code of Civil Procedure, 1898 (Act No. V of 1898) Order XLVII, rule 1 Review The scope to review a judgment is very limited and until and unless it comes within the four corners of...... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935.  ..

Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2

Bengal Glass Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex, 2007, 36 CLC (HCD)

.... VAT without any objection from the respondent. 7. Said respondent No.5, Superintendent cancelled the said credit of VAT by his order dated 26.02.01 and informed the petitioner that there was no scope for taking credit on the input VAT for Balancing, Modernization, Rehabilitation and Expansion ......78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ..

Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9

Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)

....s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209.    ...... trial of a criminal case under section 339C (4) of the Code of Criminal Procedure. When the trial of a case cannot be con­cluded within 360 days, the accused, if in custody, should be released on bail even in a case on non-bailable offence unless there is any special reason. Inordinate and unr..

Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7

Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....ps were allotted amongst the members of 17 Samities out of proposed shops for construction numbering 3329, except the reserved quota of the Mayor of the corporation. So, in our view, still there is a scope to consider the case of the petitioner in respect of allotment of shops. 16. Having regard ...... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ..

Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43

Abul Khair Condensed Milk and Beverage Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (HCD)

....ly, order of assessment cannot be read as assessment and that after assessment in all cases, an assessment order and assessment notice are issued and before issue of such order and notice there is no scope for reading any paper that may be obtained from the office of respondent No.1 as assessment. ......omes due after such final assessment is paid in cash within a period of two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 555. ..

Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66

BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)

.... union activities. He further submits that in view of the-admitted fact that at the relevant time, the respondents-workers were not at all officers of the trade union and that therefore, there was no scope for the respondents-workers to incur displeasure of the petitioner and as such the complaint c......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..

Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19

Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......18 of 1995 is hereby set aside and the appellants are found not guilty of the charges levelled against them. The accused appellants Md Isahaque Ali, Ismail @ Misu and Mosahaque, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at on..

Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9