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Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
....enge and that the same was done in collusion with the surveyor staff. By decision reported in 42 DLR (AD) 289 this Division held that the finding based on due consideration of evidence was beyond the scope of the revisional court to interfere. The High Court Division also committed an error in drawi...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
....gulate the exercise of delegated power of the Board of Revenue but the said section cannot be said to be in the nature of impremissive delegation as the power of delegation may vary not only with the scope of the authority of the delegating body but also with the variety of the conditions a particul...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
.... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89....... Ali is directed against an order dated 19‑9‑2001 passed by the learned Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Dhaka, in Nari‑o‑Shishu Mamla No. 154 of 2000 rejecting the prayer for bail of the accused appellant. 2. The prosecution case, in brief, is that the marriage of Mossa..Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....‑hearing the Rule suo moto on 27‑5‑2001 thereafter delivering judgment on 31‑5‑2001 setting aside the earlier judgment passed on 3‑5‑2001 which is beyond the scope of section 115(1) of the Code of Civil Procedure and, as such, the judgment dated 31‑5&#...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)
....onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 131. ......mentioned Criminal Revision before the High Court Division and obtained the Rule. The High Court Division at the time of issuance of Rule enlarged the convicts, who were sentenced to imprisonment, on bail for 6 months but the convicts later on did not take any step for extension of the period of bai..Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ...... The Code of Criminal Procedure, 1898 (V of 1898), Section 498 (i) An elected member of the parliament can not claim the right of being enlarged on bail on the ground of his membership in the parliament……………&hell..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......e can be lodged pending investigation and trial. On no account should children be kept in jail. If a State has not got sufficient accommodation in its remand homes, the children should be released on bail instead of being subjected to incarceration in jail.” 8. In the People’s Republic of Ban..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).
....nable opportunity of defence and there has been no violation service regulations or the principle of justice............The authority it seems has not done anything unjust to the petitioner. There is scope for adverse interpretation of irresponsible conduct of the petitioner respondent a......on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ..Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......etition (case) is allowed. Rule issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-180 of 2000 cancelling bail to accused-petitioner stands set aside and the order dated 2‑5‑2000 granting bail to accuse..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
....Ordinance in their Friday sermons. As a long measure, we recommend an unified education system and an enactment to control the freedom of religion subject to law, public order and morality within the scope of article 41(1) of the Constitution. The State must define and enforce public morality. It mu......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
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Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....tends that the legal maxim "Ubi Jus Ibdi Remedium," that is, whenever there is a right, there should also be an action for its enforcement, that is to say, the substantive law should determine the scope of the law of procedure and not vice versa. In support of this contention he relied on the de......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
....t the time of issuance of the Rule operation of the order of the Labour Court and the connected registration certificate were stayed and that the order of stay being effective till today there was no scope for holding election for electing Office bearers of the Union and, as such, Mr. Abu Taher Chow......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151...
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....ituted under section 16 of the Act. The intention of the legislature is to be gathered from the preamble and other provisions of the law and if these provisions are clear and unambiguous, there is no scope for putting any construction on the provisions of the Act. 12. Our interpretation of sect......645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
....tody has already been decided by a long line of decisions by our court starting from the case of Ayesha Vs. State, 19 DLR 681 DH and the case of Jahanara Begum Vs. State 15 DLR 148 DH, leaving little scope for the High Court Division to give a different meaning.
17. In the case of Profulla Chandr......rendered to the respondent No.5, the Investigation Officer, on 11-5-98 at Sutrapur PS and ultimately found herself in jail custody. On her surrender Shamsad Begum and Mr. MM Khaleque were released on bail. When the girl was produced before the Court of Chief Metropolitan Magistrate she made a statem..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....he High Court Division, Dhaka in Criminal Miscellaneous Case No. 4045 of 1998). Judgment ATM Afzal CJ.- In these two appeals by leave, the State (appellant has prayed for defining the scope of pre-arrest or anticipatory bail under section 498 of the Code of Criminal Procedure which......edure, 1898 (V of 1898), Section 498 Anticipatory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
....petitioner enjoys the exemptions from having licence in respect of all the arms seized, and whether the case of the petitioner falls within the immunity and the petitioner is entitled to avail of the scope of amnesty are questions of fact and be decided at the time of the trial on evidence and on co...... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)
....e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......erein under sections 9(Kha) and 14 of the Act. 5. In due course the case was received by the Tribunal constituted under the Act. The accused petitioners appeared before the Tribunal and obtained bail therefrom. The Tribunal framed charge on 1-6-1997 against the accused petitioners under section..Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....by the plaintiff respondents against reduction of the amount of maintenance to be paid to respondent No. 2. The enhancement of maintenance to respondent No. 2 was again a gratuitous relief beyond the scope of the Rule issued. The learned Judges were acting as if it was oblivious of the jurisdiction ......ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172. ..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37....... set aside and the case is sent back to the Sessions Judge, Brahmanbaria for retrial in accordance with law and in the light of observations made above. The Sessions Judge may consider any prayer for bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Sen..Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
....e concerned Deputy Commissioner or the Deputy Director of Public Instruction and the element of satisfaction of the Board not being traceable we find the impugned order to have been passed beyond the scope of Regulation 7. Besides that if their is any dispute about the election of any member from a ...... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
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Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
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