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Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)

....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......nder sections 325/323 of the Penal Code is affirmed. The opposite party No.1 Akram Sheikh @ Akram and opposite party No.2 Sheikh Mosharraf @ Mosha Sheikh are directed to surrender to their respective bail bonds within 30 days from the date of receipt of this order to serve out their remaining portio..

Category: Evidence Law | Date: 16 May, 2005 | Hits: 4

State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)

....ourt's inherent jurisdiction and contend that on a reason­able appreciation of the evidence the accusation made against the accused would not be sustained. Broadly speaking that is the nature and scope of the inherent juris­diction of the High court under section 561A in the matter of quashi......ase No. 18 dated 19.6.1996 pending in the Court of seasons Judge, Satkhira giving rise to Sessions Case No. 57 of 1997 dis­charging the accused-respondents from the case and from their respective bail bonds.  2. One Md. Nasiruddin Sardar lodged an First Information Report with Satkhi..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 105

Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)

....provision of law and the respondents are stopped from refusing to give formal approval to the plan. The Authorised Officer respondent No.2 cannot act at the dictation of higher authority. There is no scope to withhold the decision on the application filed by the petitioner, but the respondent No.2 i...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762.   ..

Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9

Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)

....ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71....... Nari-o-Shishu Nirjatan Daman Case No. 42 of 2003 arising out of Gopalganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71...

Category: Women and Children | Date: 9 May, 2005 | Hits: 84

M Moinul Khan Vs. State, 2005, 34 CLC (HCD)

....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......tigation and submission of report. Sub-section (1) of section 19 of the said Ain provides that all offences committed under this Ain are cognisable offences. There are special provisions for granting bail. Section 20 contains detailed procedure for trial of the case, Sub-section (1) of section 20 pr..

Category: Women and Children | Date: 3 May, 2005 | Hits: 98

Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)

....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......then between 16 and 20 years of age. 27. Materials on record show that the jail appellant surrendered before the tribunal below on 10‑4‑2002 (Reference Order No.11 dated 10‑4-­2002). A bail petition was submitted on his behalf with mention, amongst others, that he was 12 years of age ..

Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1

Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)

....erested in the land acquired such person would be competent to take exception or in other words objection to the award made and to file application before the Arbitrator seeking revision. There is no scope or occasion to enlarge the time specified in section 28 of the Ordinance on any pretext or in ......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ..

Category: Property Law | Date: 28 Mar, 2005 | Hits: 64

State Vs. Md. Nasim and others, 2005, 34 CLC (AD)

....he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......hem. After investigation charge‑sheet has been submitted against the accused respondents and others on 24‑2-002. 4. The three respondents appeared before the courts below and were released on bail. Thereafter they moved the High Court Division under section 561A of the Code of Criminal Proce..

Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

....ard Snelson Vs. Judges, HC Lahore reported in 16 DLR (SC) 535 in paragraphs 111 and 112 Pakistan Supreme Court held as under: "111. I will precede to state in the first place the nature and scope of the jurisdiction of the High Courts to commit for contempt. This is a jurisdiction which by...... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7

Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)

....to the Tribunal and thus rightly invoked the writ jurisdiction of the High Court Division. 23.  From the decision referred to, it appears that in order to bring a case within the scope of maintainability in the writ jurisdiction in connection with an election it decided at the ......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ..

Category: Election Law | Date: 15 Mar, 2005 | Hits: 168

Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)

....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779.   ......and Ahsan Ali @ Aman @ Asan are set aside and they are found not guilty and they are acquitted from the charge levelled against them and the acquitted petitioners are discharged from their respective bail bond. 31. The accused-petitioner Mohiruddin Mondal alias Md. Mohiruddin Mondal, who is cur..

Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4

AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)

....r of the petitioner for payment of pension and gratuity, vide Memo No.E‑19/360/1(2)/Dha Gri Bi‑2 of the National Housing Authority, Mohammadpur, Dhaka dated 12‑3‑2002 stating that there is no scope to pay pension and 80% gratuity to any Government Servant who is occupying a government accomm......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725.       ..

Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2

M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)

....mplementation after getting the approval from the Chief Engineer which for all practical purposes means future work and the work carried out on the basis of work order dated 12.6.2002 do not have any scope to be included in annual development programme of the financial year 2002-2003, as such, the p......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ..

Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

....ivision can grant relief under section 233 of the Companies Act, 1994 for safeguarding the interest of minority shareholders and whether, in the present case, the High Court Division acted beyond the scope of section 233 by directing the appellant Nos. 2 and 3 to buy out the shares of the respondent...... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)

.... of a plot to the petitioner as an effected person. The Rule was opposed on behalf of the respondents submitting that all the plots were already allotted to other persons long ago and there was no scope for allotment of any plot to the petitioner and further that there is also no excess land for......lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..

Category: Property Law | Date: 16 Feb, 2005 | Hits: 69

SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

.... the instant case, we find that the Gazette notification vesting the disputed land in the Government was published on 28-3-1968 which was not cancelled by MLO No.128 of 1986 and, as such, there is no scope to return the property to the original owner or any person claiming under him. 21. In the......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ..

Category: Property Law | Date: 16 Jan, 2005 | Hits: 7

Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)

....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......al Code to that of under section 304 Part I of the Penal Code and sentence him thereunder and he is to suffer rigorous imprisonment for 10(ten) years. 54. The appellant Nos.2‑11 are already on bail granted by this Court and may be discharged from their bail bond. Let a copy of this Judgm..

Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3

Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)

....section 145 CrPC. But such type of interpretation, if considered acceptable, will create a far reaching effect and a party, already involved in the civil case claiming title and possession, shall get scope to go to the criminal Court to take undue advantage against the rival party and dislodge exist......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..

Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ......heet on 13‑6‑2002 under the aforesaid sections of the Penal Code and also under section 5(2) of Act II of 1947. 5. The accused petitioners appeared before the Court and they were enlarged on bail and thereafter they moved this Court on 17‑8‑2002. This date is very important for disposal..

Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1

Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)

....e Arms Act, 1978 and Rule 42(1) of the Arms Rules, 1924 read with Rule 63(Ka) of Chapter III of the Bengal Arms Manual. It has further been stated that section 18 of the Arms Act does not provide any scope for giving notice to the licence holder prior to the cancellation of the licence. 5. Mr. ......r has got political enmities and the criminal cases were initiated with ulterior motive. Some cases were filed at the instigation of his wife and sister-in-law and the petitioner has been enlarged on bail in all the cases. After the petitioner was admitted to bail the petitioner is being threatened ..

Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9