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Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... Counsel of both sides. Negotiable Instruments Act, by its nature, is not a cumbersome Act and the proceeding under section 138, once the offence is admitted, is summary in nature and there is little scope for taking defence, In this particular case, the convict respondents have admitted about the l......t respondents under section 138 of the Negotiable Instruments Act and issued warrant of arrest. The convict respondents surrendered to the Court on 3‑7‑2001 and were then enlarged on ad‑interim bail on the same date. In the meantime, the case was transferred to the court of the Metropolitan Ma..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
.... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ......of the appellant under Section 409 of the Penal Code read with Section 5(2) of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......inal Procedure in appropriate cases Specially from the cases charged under ordinary penal laws. (4) The local legal Aid committees formed by the Government be instructed to move the Courts for bail of the Juvenile accused. (5) Juvenile accused in Jail must be kept apart from other prison..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....n is that every statute is prima facie prospective unless it is expressly, or by necessary implication, given a retrospective effect. While interpreting a statute, the court is to look at the general scope and purview of the statute and at the remedy sought to be applied and consider what was the fo......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....The Patna High Court was of the view that the learned District Judge was correct. Reading the relevant provisions of the Succession Act, especially sections 370 to 381, there did not seem to me any scope for doubt that succession certificate could be asked for and granted only in respect of 'deb......t apart, the more important distinguishing point is that unlike in cases of debt, the Bank had no right of disposition of any kind in respect of those ornaments. The Bank stood in the position of a bailee or a trustee to whom though possession was entrusted, there was no intention of transferrin..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....mitted the offence and whether he is likely to tamper with evidence during his enlargement on bail. 14. As regards the submission of the learned Deputy Attorney‑General regarding the scope of section 497 Cr.P.C. on an application for bail under section 498 of the Code of Criminal P......cedure, the fact that the appellant has been suffering from enlarged prostrate gland and problems in his urinary tract for long attract the proviso to section 497 of the said Code to enlarge him on bail pending trial of the case. Hence bail is granted subject to the discretion of the trial court..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....iling petition for withdrawal of appeal having been brought to the notice of the Administrative Appellate Tribunal who erred in not holding an enquiry into the allegation upon a view that there is no scope for embarking upon the investigation; (ii) that a Court or tribunal has always jurisdiction to......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......ance against the accused petitioner under section 138 of the Negotiable Instruments Act. 4. The accused petitioner appeared before the Court of Chief Metropolitan Magistrate and obtained bail. 5. It was contended before the High Court Division that petition of complaint hav..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....ation clause would be still subsisting without considering that the dispute has been settled and this plaintiff has been awarded a compensation to the tune of US$ 7,14,855.25 and as such there is no scope for second settlement of the dispute. The learned Counsel submitted that clause 18 (Arbitratio......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....The learned Assistant Attorney-General however has pointed out that under section 6(1) of the Ain the sentence prescribed for the offence is imprisonment for life or death and accordingly there is no scope of reducing the sentence passed by the trial Court in this case. 10. PW 1 the RMO of Rajbar......Send 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: 54 DLR (2002) 556. ..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....e with the provisions of sections 87 and 88 of the Code by the Special Tribunal before publication of the order of direction under section 27(6) of the Special Powers Act and, as such, there is no scope for the learned Advocate for the accused appellants to argue that the provisions of sections ......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ...... conviction and sentence passed by the learned Sessions Judge is hereby set aside. The appellants are acquitted of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Repor..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....all be the persons who are, or have been or are qualified to be appointed as Judges of the High Court Division and the other shall be a Senior Officer in the Service of the Republic. I do not see any scope to bring in another person in the name of 'Secretary of the Advisory Board' as submitt......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......after the informant, P.W.1 instituted CR Case No.687 of 1998 under section 4 of the Dowry Act and in the said case the accused appellant was in custody for some time and thereafter he was enlarged on bail. Earlier, the accused appellant demanding dowry from the informant victim sent her back to her ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....ding that public litigation may even he directed against less fortunate persons when the question of malafide exercise of power or the question of transparency is agitated and thereby extended the scope of public interest litigation. 23. The High Court Division acted illegally in making t...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....্রী পাইতে পারেন কি? 3. The High Court Division was of the view that issue No. 2 was the main issue to be decided in suit for permanent injunction and there was any scope for the trial Court to decide as to was hardly the plaintiff deed No. 813 dated 16‑3‑85 wa......el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....of irreparable harm. It is contended that the statements published in the 'Daily Janakantha' in any event, do not amount to any criticism of the Judiciary as a whole and therefore outside the scope of contempt and it is contended that the Contempt of Court Act, 1926 does not define as to wha...... police officers while she was detained in so called 'safe-custody'. 17. It is therefore contended that the Daily Janakantha, like millions of people, helplessly witness the Court giving bail to many of those who consider themselves to be above the law. Many who are released on bail aga..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....hospital and nobody prevented the informant to inform the police earlier. This inordinate delay casts a serious doubt over the prosecution case and made the prosecution case unbelievable, as there is scope of fabrication. In view of the above facts and circumstances, and the evidence on record, the ......llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
....িয়াছে।” But the Special Judge appointed under the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Act, 1995, has travelled beyond his jurisdiction in giving such finding. Neither there is any scope to find any person guilty of offence attracted by the provision of the Child Marriage Restrain...... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298...Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
.... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......ns 466/420 of the Penal Code by his order dated 2‑5‑1995. Thereafter, the accused-petitioner voluntarily surrendered before the Chief Metropolitan Magistrate, Dhaka with a prayer for bail which was rejected by order dated 30‑5‑1995. 4. Th..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71