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Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)

.... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......439 (4) & 439A An order passed by the Sessions Judge or Additional Sessions Judge, as the case may be, under section 439 A of the Code of Criminal Procedure is not amenable to the revisional jurisdiction of the High Court Division under section 439 of the Code of Criminal Procedure...........

Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3

Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)

....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ...... in passing the Order giving approval to the investigating officer to initiate pro­ceeding against the informant under section 17 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 as the Tribunal had no jurisdiction to direct the investigat­ing officer or any other person to initiate such pro­ceeding..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70

Golam Ahmed Vs. State, 2011, 40 CLC (HCD)

....t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233

Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)

....the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126

Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)

....ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once.   Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once.   Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ..

Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4

Shahjahan Vs. State, 2011, 40 CLC (HCD)

....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......conferred by any other provisions of the Code of Criminal Procedure and this power may be exercised to quash a proceeding or even a convic­tion on conclusion of a trial if the Court concerned had no jurisdiction to hold the said trial or the facts alleged against the accused do not constitute any c..

Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53

Jakir Hazi Vs. State, 2011, 40 CLC (HCD)

....as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ..

Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1

Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)

....s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......ound that there is no scope to go beyond the report of the Administra­tive Recognition Committee, the High Court Division erred in law in ignoring the aforesaid aspect of the case thereby exceed its jurisdiction in making such declaration. V. Because the writ-petitioners having been appointed as..

Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88

Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)

.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ...... exercise is justified to prevent the abuse of the process of the Court and to do the real and substantial Justice for the administration of which alone the Court exists. “10. The inherent jurisdiction should not be invoked where some other remedy is available. The jurisdiction given by s..

Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9

Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)

....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......his submission the learned Advocate has pointed out that the act of setting-aside that sale in auction having been done by the Circle Officer of the concerned Upazilla in the year 1974 it was without jurisdiction. Referring to the provisions of section 3(3) of Public Demand Recovery Act the learned ..

Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7

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

....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ..

Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28

State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)

....led against them and they are dis­charged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......led against them and they are dis­charged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ..

Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114

Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)

....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ..

Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7

State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)

....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......occurrence been seen by them they would have taken all the possible effort to aver it in the FIR. 30.  In this regard we find support to our above contention from many reported cases of our jurisdiction. The Appellate Division in the case of Nowabul Alam Vs. State reported in 15 BLD (AD) 5..

Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8

Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)

....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......er mooted. Neither in the writ petition nor in the leave petition the appellant had taken any ground questioning the authority of the Government to pass the impugned orders on the basis of lack of jurisdiction or on the principle of promissory estoppel. 28. The position of law is well settl..

Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18

Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ......tion to stop the on going construction work, but no action has been taken by the Police Station, although it is certainly the duty of the local police to stop any illegal construction within their jurisdiction. 8. Director General of Bangladesh Archeological Department has submitted an appl..

Category: Property Law | Date: 26 Oct, 2011 | Hits: 23

State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)

....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89.   ......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89.   ..

Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9

Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ......; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ..

Category: Property Law | Date: 19 Oct, 2011 | Hits: 4

Elite Lamps Ltd. Vs. Government of Bangla­desh and others, 2011, 40 CLC (HCD)

....ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......rd resolution and pursued their suit against the petitioner. 6. There is no cause of action of the suit after Board resolution and the continuation of the suit is illegal, malafide and without jurisdiction. 7. Mr. Wadud Bhuiyan learned Senior Coun­sel appearing on behalf of the petitio..

Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7

Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)

.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......d another Vs. State and another reported in 14 BLC 527. In those cases two different Benches of the High Court Division consistently held the view that on receipt of a police report, the Tribunal has jurisdiction to direct further investigation or to take cognizance of offence or to discharge the ac..

Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199