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Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....cision of that suit and it can be heard and disposed of independently. The proceeding under section 138 of the Negotiable Instruments Act appears to be quite independent in nature with a very limited scope for adjudication which is not at all related to the issues involved in the Civil Suit. Moreove......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ..Category: Procedural Law | Date: | Hits: 128
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....y using force, allurement, temptation, cajoling, coaxing or flattering; Secondly, for the purpose of intercourse. Unless a woman is taken away forcibly by a person for the purpose of intercourse, the scope of section 9(Ga) will not attract. In the instant case, neither of these two ingredients has b......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ..Category: Criminal Law | Date: | Hits: 74
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
.... it is not only legitimate but proper to read that provision in its context. The context here means, the statute as a whole, the previous state of the law, other statutes in pari materia, the general scope of the statute and the mischief that it was intended to remedy, as was observed in the case of......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..Category: Constitutional Law | Date: | Hits: 466
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....l apply and the reference shall have to be made to a single arbitrator. Mr. Bhuiyan further argues that where an arbitrator clause provides for arbitration in terms of the Arbitrator Act, there is no scope for appointment of more than two arbitrators, one by each party to be the arbitrator. In this ......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)
....f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ......olam Mohammad Chowdhury, Deputy Attorney-General-For the Respondent. Criminal Appeal No.706 of 2003. Judgment SAN Mominur Rahman J.- This appeal is against an order refusing the prayer for bail. It has been submitted by the learned Advocate for the appellant that this case is under Jana N..Category: Criminal Law | Date: | Hits: 79
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......ted against them and are acquitted thereof. They are set at liberty at once unless they are required in connection with any other case. D. Convict-appellants Jahangir Alam and Mukut having been on bail, bail bonds furnished by them are discharged. E. Convict-appellant had been released on bail..Category: Criminal Law | Date: | Hits: 98
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
.... DLR (SC) 81 para 14 and (d) In the case of Jashimuddin Kanchan (Md.) Vs. Md. Ali Ashraf reported in 42 DLR (AD) 289 para 13B: "This finding, based on due consideration of evidence, was beyond the scope of the revisional Court to interfere with. Executants of the kabala Ext. I had no title to the......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ...... complainant‑petitioner to implicate him in false criminal cases and also to harass him by arranging detention order against him. The complainant petitioner at this stage prayed for an anticipatory bail before the learned Sessions Judge, Bagerhat which was refused. The accused opposite parties how..Category: Criminal Law | Date: | Hits: 130
....itioners
Vs.
Controller of Examinations, Dhaka University and others…………………………….Respondents
Judgment
October 26, 1997.
Result:
The Rule is discharged.
Where scope of alternative remedy by way of appeal is available in law, without preferring appeal, the wri......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
.... admitted by the accused party by filing a counter case as already noticed and counter case ended in acquittal of the informant party (accused in that case), disbelieving the counter case there is no scope for acquittal of the accused without evaluating the evidence on record. Of course, evidence of......ent back on remand to the trial Court. Learned Sessions Judge, Brahmanbaria is directed to decide the case on the basis of the evidence already on record and the accused opposite‑parties who are on bail granted by this Court to the satisfaction of the Deputy Commissioner Brahmanbaria am directed t..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....eed the suit and the learned Additional District Judge, 2nd Court also rightly dismissed the Appeal affirming the Judgment and decree passed by the learned Subordinate Judge and, as such, there is no scope to interfere in the impugned Judgment and decree of the Additional District Judge, Bogra. 1......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ..Category: Procedural Law | Date: | Hits: 111
.... 10-10(ka), it disclosed Ramoni himself did not implement the deed of gift in favour of deities are misconceived findings and those were not in issue before the Court and recording finding beyond the scope of the suit has committed error of law which is an error in the decision occasioning failure o...... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
..
Category: Property Law | Date: | Hits: 102
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......ertain when the trial shall be over. . . Considering the gravity of the charge levelled against the accused-petitioner and the negligence of the prosecution, the accused-petitioner may be enlarged on bail. Lawyers Involved: Harun-Ar-Rashid, Advocate - For the petitioner. A.S.M. Abdul Mobi..Category: Criminal Law | Date: | Hits: 88
Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)
.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ....... The State……………………Opposite party Judgment August 23, 2010. Result: The rule is made absolute. When there is a fair chance of acquittal, a person may be enlarged on bail. Lawyers Involved: S.N. Goswami, Advocate - For the petitioner. Md. Masud Hasan Chowdh..Category: Criminal Law | Date: | Hits: 87
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....s from the date of cancellation of the contract, the suit for specific performance is barred by limitation. Learned Advocate pointed out that in view of the admitted position of the case, there is no scope for entering into the merit of the matter. Learned Advocate pointed out that the plaintiff ins...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..Category: Civil Law | Date: | Hits: 138
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....ss similar to section 30A of Customs Act 1969 of Bangladesh. (6) After insertion of the said section 31A in the Customs Act 1969 of Pakistan the question as to whether sales tax fall outside the scope of above section 31-A of the Customs Act, 1969 came up for consideration before the Supreme Co....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....oceed with the trial against the petitioner. 9. The learned Advocate also submits that since the trial has already been started by taking deposition of the prosecution witnesses No.1 so there is scope to interfere with the trial on invoking inherent jurisdiction under section 561A of the Code o......d to the Court of learned Special Judge, Bogra, where it was registered as Special Case No.04 of 2008 5. On 24-08-2010 both the accused surrendered before the learned Special judge and obtained bail. The Court then framed charge under section 409/477(ka) of the Penal Code read with section 5(2..Category: Procedural Law | Date: | Hits: 86
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....extinction of the liability and national character of the legislation, be construed in that sense. It is hardly necessary to add that once the liability is extinguished under this clause, there is no scope of any acknowledgment of liability there under. In East and West Steamship Co., AIR 1960 SC 10......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..Category: Limitation Law | Date: | Hits: 174
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....ellate Division took the above mentioned view and since the subject matter of the present Appeal Nos. 1634 of 2005, 1052 of 2006 and 860 of 2007 and the earlier appeals are same, so this Court has no scope to take different view in these appeals and thus he prays for allowing the appeals and acquitt......052 of 2006 and appellant Md. Kamal @ Md. Kamal Hossain in Criminal Appeal No. 680 of 2007 are found not guilty under sections 302/34 of the Penal Code and appellant Sahabuddin be discharged from his bail bond, appellant Md. Abdur Razzak and appellant Md. Kamal alias Md. Kamal Hossain be set at libe..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....rt Cases 429 held in paragraph 54 as follows:- "54. In Union of Indian Vs. Dcoki Nandan Aggarwal a three Judges Bench of this Court held that it is not the duly of the Court either to enlarge the scope of legislation, on the intention of the legislation, when the language of the provision is p...... default, to suffer rigorous imprisonment for 1 (one) month is hereby set aside. 50. The appellants are acquitted from the charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 6..Category: Criminal Law | Date: | Hits: 84
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