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Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ...... notice upon the petitioner asking for his personal appearance. 3. On 02-04-1991 the date was fixed for his appearance, the petitioner surrendered before the learned Magistrate with a petition for bail and was granted bail by order passed on the same day. Subsequently, the case was transferred to..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......l below affirming those of the trial Court against the petitioners of both the Rules are hereby set aside and the petitioners are acquitted from the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case ..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ...... for preventive detention by the executive authority leads one to the conclusion that this detention order is served so that an accused in a specific case may not come out from custody if granted bail. On our query, the learned Assistant Attorney-General could not give any satisfactory reply oth..Category: Criminal Law | Date: | Hits: 66
Category: Property Law | Date: | Hits: 120
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....the first time before this Court against Ext-13 is not at all maintainable in law, as a result of which Exhibit-3 is a valuable documentary evidence binding upon the defendant appellant and he has no scope to get away from it. 19. Mr. M.A Quayum, learned Advocate of the plaintiff-appellant then r......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......hurt is clear and specific, conviction and sentence under section 326 of the Penal Code cannot sustain in law. Lower Court record shows that accused Daud was arrested on 1.12.2003. He was enlarged on bail on 27.1.2004. He was absent on the date of Judgment i.e., on 25.5.2008. He was again arrested o..Category: Criminal Law | Date: | Hits: 91
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
.... Order itself………………..(12) Since the law does not make an exception to the forum and consistently mentions the words "District Judge" as the forum for making the application there is no scope for giving it an extended meaning and include 'Special' or 'Additional' District Judge within ......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....ers submitted that there is no ingredients of Criminal breach or cheating and dishonestly inducing delivery of property as alleged by the complaint in his petition of complaint. As such, there was no scope for framing charge under section 420 of the Penal Code against the accused petitioners. Theref......or filing objection. 5. On getting information about the case the accused person Sheikh Shayeed-ul-Alam, voluntarily surrendered before the Court on 9-5-2004 and filed and moved an application for bail. The learned Magistrate Court on hearing both the sides was pleased to grant bail to accused Sh..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
.... the persons who are supposed to be present at the scene of occurrence and the occurrence having been placed in broad day light all witnesses had opportunity to witness the occurrence and there is no scope to commit error in identifying the appellant. Further their testimony is supported by medica......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... as boundary of their purchased land. From the pleader commissioner report the learned appellate Court has found that the lands purchased by the plaintiff form a single block of land with alternative scope for exit through his own land to the Municipal Road. Furthermore, the several purchasers fro...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......e Penal Code and issued process. Subsequently charge was also framed against these two petitioners by rejecting their petition under section 241A of the Code of Criminal Procedure. 5. On obtaining bail, the accused petitioners preferred this application under section 561A of the Code of Crimina..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....greement (bainapatra) being legal and valid deed of agreement (bainapatra) and the same being admitted position he ought to have concurred with the finding of the learned Trial Judge and there was no scope for him to reverse the judgment and finding of the learned trial Judge in this respect. As suc......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ..Category: Civil Law | Date: | Hits: 153
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....uch amendment made in the Code. In support of his contention he has taken us over the various provisions of the Code and the respective Metropolitan Ordinances. 4. The question verily turns on the scope and the extent of the power of a District Magistrate or an Additional District Magistrate in m......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....s not provide any principle or guideline for exercise of the power given to the Government under that section and, as such, in the absence of such guideline or any objective criterion, there is ample scope of discrimination between same classes of people and also a scope of exercising the power arbi......d not show any provision of the Ain which has in any way curtailed the right of the petitioners to get fair trial. Even we find from sub‑section (3) of section 9 that the same procedure of granting bail which is applicable in the Court from which the cases are transferred shall continue to apply i..Category: Criminal Law | Date: | Hits: 177
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......Powers Act, 1974 and Issued warrant against the petitioners Nos.4 to 6. 6. On 28.10.2007 the accused petitioner Nos. 4 to 6 surrendered in the Special Tribunal No.1, Natore with an application for bail and the learned Tribunal was pleased to grant them bail. 7. On 10.01.2007 the learned Specia..Category: Procedural Law | Date: | Hits: 142
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......of the petition of complaint took cognisance of the case under section 138 of the Negotiable Instruments Act and issued summons. The accused petitioners surrendered before the Court with a prayer for bail and they were enlarged on bail. The learned Magistrate by his order dated 14‑1‑2002 framed ..Category: Civil Law | Date: | Hits: 163
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......ed to the Sessions Judge and the Sessions Judge recorded the case on 17-6-2008 and took cognizance on 25-7-2008. The accused petitioner surrendered before the Sessions Judge on 22-7-2008 and obtained bail. 6. Being aggrieved by and dissatisfied with the ST case No.192 of 2008 arising out of CR ca..Category: Criminal Law | Date: | Hits: 134
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ...... the aforesaid Complaint Case No.5 of 1985. 3. Upon filing the complaint the Magistrate issued summons to the petitioner and his father in response to which they appeared. On 24.1.85 the prayer of bail of the petitioner was rejected by the Magistrate. However, on 30.1.85 he granted bail to the fa..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......Special Tribunal No.11, Dhaka in Metropolitan Special Tribunal Case No.8088 of 1999 is hereby set aside and the appellant is acquitted of the charge levelled against him and he is discharged from the bail bond. Send down the lower Court's records at once with a copy of the judgment for informatio..Category: Criminal Law | Date: | Hits: 103