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Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....-examined and so in the fitness of the matter it was incumbent on the learned Magistrate to adjourn the case for production of the P.Ws. and of the accused. Without that the learned Magistrate had no scope to expunge evidence of 7 P.Ws. and then to filed the accused not guilty for want of evidence a......This Rule is accordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ..Category: Criminal Law | Date: | Hits: 104
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....clear that it would be required for the applicant to implead the requiring person as party to his application made under section 28(1) of the Ordinance. Meaning thereby that the requiring body has no scope to go to the Arbitrator under section 28 of the Ordinance…………………(25) No matte......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......an Magistrate, Dhaka should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The accused petitioner filed a petition for anticipatory bail before the Honorable High Court Division registered as Criminal Miscellaneous Case No 5936 of 2..Category: Criminal Law | Date: | Hits: 124
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....6(1) of the Ain it has been clearly stated that notwithstanding anything contrary in the Limitation Act 1908 any financial institution shall file the suit within one year which means that there is no scope to condone the delay in filing the suit applying section 5 of the Act 1908 and, as such, the A......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ..Category: Civil Law | Date: | Hits: 108
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......ed-appellants were in custody in connection with the present case should be deducted from the sentence awarded to them. 32. The convict-appellants are directed to surrender to their respective bail bond to server out the remaining period of the sentence forthwith, failing which the trial Cour..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......rms Act and sentencing him to suffer rigorous imprisonment for 10 (ten) years is hereby set-aside. 63. The appellant is acquitted of the charge levelled against him and he be discharged from his bail bond. 64. In this particular case P.W.1 Lieutenant Feroz Khan, who had been serving at the r..Category: Criminal Law | Date: | Hits: 99
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....tions 2(ga), 2(ta), 3, 45, 46 and 47 From a combined reading of section 2(ga), 2(ta) and section 3 of the Arbitration Act, 2001, it is apparent that the intention of the legislature is that the scope of the Act is limited within the territory of Bangladesh, except that there is a scope to enfo....... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..Category: Alternative Dispute Resolution | Date: | Hits: 506
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... said Ain, the impugned order is null and void. 6. Mr. Md. Khurshid Alam Khan further submits that the Mobile Court Ain does not contemplate lodging of any complaint by any person and there isno scope for submission of any prosecution report against an accused and there is no provision whatso......nd sentence dated 8-2-2011 passed by the Upazilla Nirbahi Officer and Executive Magistrate, Jamalganj, Sunamganj in Miscellaneous Case No.7 of 2011 is hereby quashed. 30. As the petitioner is on bail, let him be discharged from his bail bond at once. Let the records of the Mobile Court alo..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....n or decide a matter of fact to find cause of death, which is unknown. The inquest is concerned with discovering in a given case whether the death is accidental, suicidal, homicidal or otherwise. The scope of inquest report is limited to the extent of ascertaining whether a person has died under sus......ny mark of violence in the tea stall. He examined four persons including Nurul Alam and Barek but there is no name in the dairy who identified them and who produced them. After 3 days of anticipatory bail of Abul Kalam he arrested Abul Kalam under Section 54 of the Code of Criminal Procedure and pra..Category: Criminal Law | Date: | Hits: 89
....ction Appellate Tribunal against the “চূড়ান্ত আদেশ” which means the judgment passed by the Election Tribunal on conclusion of the trial of the Election Case. But there is no scope to prefer any appeal against any interlocutory order passed by the Election Tribunal………......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
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Category: Election Law | Date: | Hits: 600
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......8 of 1995 is hereby set aside and the appellants are found not guilty of the charges leveled against them. The accused appellants Md. Isahaque Ali, Ismail @ Misu and Mosahaque, who are already on bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once...Category: Criminal Law | Date: | Hits: 84
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 426 Though the appellate Court including the High Court Division may enlarge a convict on bail for reasons to be recorded by it such a convict is not entitled to be released on bail if he is..Category: Criminal Law | Date: | Hits: 87
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
.... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ...... guilty of the charges levelled against them and thus they are acquitted of the charges brought against them under section 398 of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 86
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....e title and exclusive possession in the suit land……………………….(9) Whether a deed is genuine or not cannot be decided in a simple suit for permanent injunction. More over there is no scope to frame additional issue after the suit is remanded for retrial for deciding genuineness or o......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......ed on SA under section 200 of the Code of Criminal Procedure and issued warrant of arrest fixing on 03.07.2006 as the next date and the accused petitioner appeared in Court on 03.05.2006 and obtained bail. 5. The case was later on transferred to the Court of the learned Sessions Judge who receive..Category: Criminal Law | Date: | Hits: 70
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
.... the informant's boat but ultimately failed due to strong resistance of the informant party's even making gunshot to them. Since the attempt in order to commit dacoity has been proved, so there is no scope to say that since the accused party could not take away the booty from the informant's boat th......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..Category: Criminal Law | Date: | Hits: 158
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
...., as according to P.W.1, they were running away. In such context whether recognition of the assailants by Jamir from back side with the moon light was probable and possible. In any event there was no scope for recognition of the assailants by Jamir either inside the ghar or outside with the moon lig......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ..Category: Criminal Law | Date: | Hits: 93
....cies and assessment on the basis of their certificates-
(1) For the purposes of this Act, the government may, in the prescribed manner, appoint pre-shipment inspection agencies and determine the scope and manner of their certification and related matters.
(2) The Government may by notificati......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
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Category: Fiscal/Taxation Law | Date: | Hits: 119
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......ing trial of a criminal case under section 339C(4) of the Code of Criminal Procedure. If the trial of the case is not completed within 360 days, if the accused is in custody, he should be released on bail even in the case of non bailable offence unless reasons are found by the Court to take the deci..Category: Criminal Law | Date: | Hits: 92
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....s liable to be discharged. The learned Advocate submits that the trial Court decreed the suit rightly and the Court of appeal below very cogently and legally dismissed the appeal. He submits that the scope of interference with the concurrent findings of facts of the Courts below under section 115 of......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ..Category: Procedural Law | Date: | Hits: 115
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