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AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
.... evidence or mis-construction of any documentary evidence as such I hold that the Judgment and decree passed by the trial Court as well as the lower appellant Court are sustainable in law. 15. The scope of section 115(1) of the Code of Civil Procedure is now well settled. Consistent pronounceme......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ..Category: Procedural Law | Date: | Hits: 110
.... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
......Division Bench of this Court on 10‑11‑91 when the Division Bench of this Court issued a fresh Rule concerning the Judgment and order passed by the Martial Law Court in 1978. The petitioner was on bail and he is still on bail after surrender before moving this writ petition and the bail was grant..
Category: Criminal Law | Date: | Hits: 84
Masum and others Vs. State, 2009, 38 CLC (HCD)
....liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......ted 17-3-2003 is hereby set-aside and accuseds-appellants are found not guilty of the charge leveled against them and they are hereby acquitted. The appellants accused Nos.2nd 3 are released from the bail bond at once. Appellant-accused No.1 is hereby directed to set at liberty at once if not wanted..Category: Criminal Law | Date: | Hits: 75
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uirements for safe constructional operations. It describes precautionary measures to be taken to ensure the safety of property, workmen, public, materials, services, plant and equipment. 35. The scope of this part described in section 1-1-2 covers the constructional responsibilities and practic......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ..Category: Labour and Industrial Law | Date: | Hits: 163
Md. Abul Mollah and another Vs. State, 2006, 35 CLC (HCD)
....l bond. 27. Send down the lower Courts record at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ......Tribunal Case No.199 of 1992 so far it relates to the appellants, is hereby set aside and the appellants are acquitted of the charge leveled against them and they are discharged from their respective bail bond. 27. Send down the lower Courts record at once with a copy of the Judgment for informat..Category: Criminal Law | Date: | Hits: 71
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......eceipt of the said report took cognizance and issued summons against the accused persons. On receipt of the said summons the accused-petitioner Nurul Alam surrendered on 05.08.2003 and his prayer for bail was rejected. The learned Sessions Judge, Cox's Bazar enlarged the said accused on bail. Accuse..Category: Criminal Law | Date: | Hits: 54
Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ......and also to pay a fine of Tk.1,000/-, in default, to suffer further rigorous imprisonment for one month and both the sentences shall run concurrently. 6. The convict-petitioner being enlarged on bail on 19.9.1993 remained on bail till 27.3.2001 and thereafter he absconded till he was arrested o..Category: Criminal Law | Date: | Hits: 90
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....ed and expressed in the following terms in the 8th Amendment Case at paragraph 362 at page 150: "………the State has been………organized as a Unitary State by its founding fathers leaving no scope for devolution of executive, legislative and judicial powers on different regions to turn in......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....ised was resisted from the side of the State opposite party. It is submitted on behalf of the state opposite party that in a petition under section 561A of the Code of Criminal procedure, there is no scope for examining the evidence. The sufficiency or insufficiency of evidence is a matter to be tak......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ..Category: Criminal Law | Date: | Hits: 99
Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)
....of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......rned Chief Metropolitan Magistrate, Dhaka examined Chandi Das Bhowmik, a representative of the opposite party No.2 under section 200 of the Code of Criminal Procedure. The accused-petitioner obtained bail in the said petition case from the Court of Chief Metropolitan Magistrate, Dhaka. Thereafter th..Category: Criminal Law | Date: | Hits: 138
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....e, the trial Court sentenced the accused to suffer RI for one year. This sentence was not proper and the appellate Court modified it and awarded sentence of simple imprisonment for one year. There is scope under the above section to impose simple imprisonment as well as fine. But when the trial Cour......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ..Category: Procedural Law | Date: | Hits: 105
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....sed will be "de hors" the law giving rise to judicial indiscipline and anarchy. In any view of the matter, the settled law can not be unsettled. What we are driving at boils down to this: there is no scope for venturing into judicial extravagance, or for that matter, judicial adventurism in this reg......-8-2008, all further proceedings of the Special Case No.20 of 2007 were stayed for a period of 6 (six) months so far as it relates to the petitioner and the petitioner was also enlarged on pre-arrest bail to the satisfaction of the Court below for a period of 6 (six) months. 3. On perusal of the ..Category: Criminal Law | Date: | Hits: 99
Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)
....r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ......ul Karim, Assistant Attorney General -For the opposite party. Criminal Miscellaneous Case No.32731 of 2010. Judgment Syed Md. Ziaul Karim J. - By this Rule, the petitioner seeks bail in Sadar Dakkhin Model Police Station Case No.13 dated 11-12-2009 corresponding to G.R. No.507 ..Category: Criminal Law | Date: | Hits: 98
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
.... 37. Whether the impugned judgment and order is sustainable in law? 38. From the facts and circumstances and the discussions made above we find that both the Courts below without going through the scope and application of Order 21 Rule 90 of the Code of Civil Procedure and without comparing the s......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ..Category: Civil Law | Date: | Hits: 112
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....d whether case was filed within specific time, then there is every possibility of being convicted with heavy fine. In the instant case, when the basic document like cheque is fraudulent there is no scope to see other factors. Because fraud vitiates everything Negotiable Instruments Act cannot be a......gainst the accused petitioner under section 138 of the Negotiable Instruments Act, 1881. 4. Thereafter the accused petitioner voluntarily surrendered before the Chief Judicial Magistrate and got bail. Subsequently the case was transferred before the Sessions Judge, Rangpur for trial and the acc..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....e contract to the petitioner. The salient findings and decision of the review panel is quoted below: So obviously the tender evaluation committee made a faulty evaluation inasmuch as they had no scope to consider the transmitter containing PA Modules less than 6 number according to the technica......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ..Category: Others | Date: | Hits: 127
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......result, the appeal is allowed. The Judgment and order of conviction passed upon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..Category: Criminal Law | Date: | Hits: 100
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......hysically and mentally tortured in an uncivilised and brutal manner due to which she was taken to Rajarbag police hospital. At the end of the remand period she was again produced before the CMM and a bail petition was moved on behalf of the petitioner. The learned CMM rejected the bail petition and ..Category: Criminal Law | Date: | Hits: 107
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....A of the Code of Criminal Procedure at the stage before framing of the charge is not permissible when the F.I.R. or the complaint itself discloses the offence alleged. In spite of the fact there is a scope for the accused-petitioner to agitate his grievance at the time of hearing under Section 241 A......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....ement dated 14.10.2004 as above quoted has not being as to the objective to be the learned Advocate for the Respondents both as to the objective to be served by that clause or indeed the nature and scope of its peculiar content. Submitting that the said clause shows that the Company was to be paid......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ..Category: Company Law | Date: | Hits: 177
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