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Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ......arned Sessions Judge received the case records on 24.12.88 for trial and registered the same as Sessions Case No. 40 of 1988. Of the 9 accused persons as mentioned in the charge‑sheet, some were on bail and some were in Jail hajat. The learned Sessions Judge was pleased to fix a date for appearanc..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....n appeal. 7. Mr. Maudud Ahmed has called upon us to assess the evidence and come to a finding that the assessment made by tile Courts below has been erroneous. We are afraid that this is not the scope of section 561 A of the Code of Criminal Procedure. 8. Now it is not disputed that the ap...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......f the Special Powers Act, 1974. While in prison he was elected as Member of the Parliament. The petitioner was released from the detention by order of the High Court Division. He was also enlarged on bail in a specific case. After coming out of the prison he returned to his legal practice and appear..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....a Municipality, District Board or any other local authority legally entitled to, or entrusted by the Government with, the control or management of any municipal or local funds, do not come within the scope of this Rule.
All lands in a Native State, which a Railway Company intends to relinquish,......d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......und of alleged violation of Banking Company Act is totally unwarranted and it can only be passed for the mala fide purpose of keeping the detenu in detention without a trial and his right to obtain a bail. 4. Mr. Mahabubur Rahman further submits, for the purpose of preventive detention to preve..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....in each case; but it is well settled that mala fide or bias is to be established by proved facts. Since the petitioners failed to allege mala fide on proved facts in this case, therefore, there is no scope in law for this court in exercise of its summary jurisdiction under Article 102(2) of the Cons......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ......ent for two years with a fine of Tk. 5,912.00. From the perusal of the record it appears that this appellant Syed Ali Mondal appeared before the learned Magistrate on 23.5.90 and since then he was on bail and was taken to custody on 15.1.91 with the pronouncement of the judgment by the trial Court. ..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
.... number of offences specified in section 239 (d). The one and only limitation there is, that the accusation should be of offences "committed in the course of the same transaction". Whatever scope of connotation may be included in the words" the same transaction," it is enough for......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....e defendants, the defendants have kept their house, being House No.38, Road No.7 of the Dhanmondi Residential Area, mortgaged with the plaintiff‑bank; hence there cannot be any further necessity or scope for selling out the pledged goods which have also been kept in the custody of the plaintiff‑......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......ji which is yet pending to be heard. In the meantime the victim girl Momtaj Begum and the accused Sahabuddin surrendered before the vacation Bench along with accused No.3 and filed an application for bail in criminal Miscellaneous Case No.381/89 and the vacation Sessions Judge allowed the victim gir..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
....of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ...... The appeal is allowed. The Special Powers Act, 1974 (Act No. XIV of 1974), Section 30 Whether the High Court Division failed to exercise his discretion justly and properly in refusing bail in a case where the sentence is of a short duration. In the present case the sentence is ..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....esty for surrendering arms up to certain period it is to be seen at the time of trial as to whether the case of the petitioner falls within the immunity and the petitioner is entitled to avail of the scope of amnesty. 13. Turning again to the first point raised by the learned Advocate for the p......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....nding that the said substitution was made to cover the various kinds of proceeding which the Act contemplated and the intention of the legislature by affecting the amendment was to include within the scope of clause (b) of section 41 all those proceedings which are held in pursuance of the arbitrati...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....ce and so the petition was found to be infructuous. The case was in the nature of quo warranto and related to the continuance in office by the respondent and after he relinquished office there was no scope for issuance of a writ in the nature of quo warranto. It was observed in that case that after ......by the Bank in the Court of the 3rd Subordinate Judge. The Bank filed a Criminal Case against the petitioner in connection with the post‑dated cheques. The petitioner appeared in Court and obtained bail and ultimately he was discharged on 4.7.87. On 24.2.87 the petitioner was arrested and was take..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......p;Respondent Judgment January 15, 1991. Result: The Appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Whether in view of the ad interim bail granted by the lower Appellate Court to move the High Court Division in revision, the High Cour..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....e submission of Mr. Nayeem is unacceptable, because this Court is required to examine and consider all the aspects of this case as a whole on the basis of the given materials. In my view, there is no scope for any remedy under section 38 of the Companies Act. 35. The upshot of the above discuss...... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......s therefore allowed and the order of acquittal is set aside. They are convicted under sections 302/34 of the Penal Code and sentenced to imprisonment for life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....t them. 9. Mr. Gafur has referred to an observation of this Court in the case of Haji Tozzamol Ali Vs. Abdus Satter, 34 DLR (AD) 217, in which the doctrine" of partial pre-emption with its scope and limitation was discussed when the question raised there related to pre-emption by a contig......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....that the appellant bank was not entitled to the interest during the period of turmoil and control of the industry by the Government. It seems that the argument has substance as the Company had little scope to dispute unilaterally the claim of interest made by the bank after having itself admitted th......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......d get some one. to kill his step brother-in-law Sharitullah with whom he had some land dispute. Waziar engaged one was in jail custody. He took taka 200.00 as advanced from Yasin for getting that man bailed out from jail. Be4fore the job could be performed that man got involved in another case. Yasi..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
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