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Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....ioner from the service and when such an order itself is found to be illegal mere consideration of an application in the form of appeal against that illegal order by the Board of Governors leaves no scope to indemnify such an illegal order deeming the same to have been passed by the Board of Govern......002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ..Category: Employment/Service Law | Date: | Hits: 166
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
.... a loan (ঋণ) within the meaning of section 2(Kha) is a mixed question of fact and law and, as such, an issue can only be raised and decided in that suit after considering evidence and there is no scope of holding at this state that the same was not a loanrelying upon statements madeby the defend......in the case of Rupali Bank Vs. Haji Ahmed Sowdager reported in 43 DLR 464=1991 BLD 508 held: "Money deposited with the bank by its customer in the current account is not in the nature of any goods bailed to the bank and, as such, cannot be retained by the bank for the simple reason that by the sa..Category: Civil Law | Date: | Hits: 119
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ...... section 238 of the Code of Criminal Procedure, he may be convicted under sub‑section (2) of section 25B of the Special Powers Act, 1974. It appears that the appellant Shamsul Haque was not granted bail and his prayer for bail was refused by the order dated 3‑3‑93. The learned Advocate for the..Category: Criminal Law | Date: | Hits: 79
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....ce. 26. Therefore, we are unable to accept the argument advanced by the learned Advocate for the opposite parties that at the initial stage of investigation or before taking cognizance there is no scope to quash the proceedings. 27. In many cases including the case of Abdul Quader Chowdhury an......p; under Section 420/406/506 of the Penal Code against the accused-petitioner. Thereafter petitioner voluntarily surrendered before the Metropolitan Magistrate Court, Dhaka on 15.03.2010 and obtained bail and enjoying the same. Thereafter the case was fixed on 21.09.2010 for framing charge. 5. Be..Category: Criminal Law | Date: | Hits: 104
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....since the decree has been passed in the year 1999 and execution case has already been started for the purpose of realisation of the decretal amount to the tune of Tk. 1, 45, 61,652.18 there can be no scope to have a resort under section 47 of the Artha Rin Adalat Ain, 2003 in order to enjoy it's not......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ..Category: Civil Law | Date: | Hits: 186
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
....n paragraph 58 of the report (p-447) as follows: "58. In Union of India Vs. Deoki Nandan Aggarwal a three Judges Bench of this Court held that it is not the duty of the Court either to enlarge the scope of legislation or the intention of the legislature, when the language of the provision is pl...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ..Category: Property Law | Date: | Hits: 134
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......out of Dhanmondi P.S. Case No.10(10)96 which is now pending before the learned Sessions Judge, Dhaka as Sessions Case No.319 of 1997 accused‑petitioner Mrs. Jobaida Rashid should not be enlarged on bail. 2. The short fact leading to this Rule is that, this petitioner who is the wife of a retire..Category: Criminal Law | Date: | Hits: 82
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
...., Sylhet, is to address by letter to the Chairman of the Commission seeking sanction for prosecution of the accused persons including the petitioner. Before submission of police report there was no scope of obtaining sanction of the Commission by the investigating police officer. After investigati......ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ..Category: Criminal Law | Date: | Hits: 85
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......nds of justice if the sentence is reduce to the period of imprisonment undergone by him immediately after his arrest after conviction and production before the convicting tribunal on 03-10-2007 and bail granted to him on 14-07-2009 at the time of issuance of the rule in the instant case. 19. In..Category: Criminal Law | Date: | Hits: 104
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....jority. It has been stated in the majority judgment Paragraph No.21 of the said judgment that; "After a plaint has been admitted by the Judge, it cannot be rejected excepting on merit. There is no scope for rejecting it under Order VII rule 11 of the Code of Civil Procedure. The Original Side Rul......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
.... the instant case, has already passed an order of status quo regulating possession of the suit land in between the self same parties, under the circumstances, the criminal Court has been left with no scope to re-assess or re-examine the question of possession over the self same land between the self......t was recorded with Mohammadpur Police station on 16-11-98 whereupon Mohammadpur P.S. Case No.40(11)98 was registered. 4. Thereafter, the petitioners having appeared before the Magistrate obtained bail on 18-11-1998. Subsequently, the instant application under section 561A was preferred by both t..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......t of the report on 30.03.1981 the Sub-Divisional Magistrate passed the following order: "Accused Abdur Razzak Dovash, 2. Abdul Hamid Dovash 3. Abdul Halim Dovash 4. Abdul Karim Dovash are on Court bail present and filed hajira. Informant also filed hajira and prays for one month's time. He..Category: Criminal Law | Date: | Hits: 93
....consequences are not necessarily discordant with a club's constituent rules and that these latter provisions should not, therefore, be read as inherently and adversely affecting the character and scope of the obligations assumed by the P. & I. clubs under the two letter of Guarantee as are a......2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
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Category: Admiralty Law or Maritime Law | Date: | Hits: 512
....010 to the Government for permission to provide tuition for L.L.B. Degree of London University but the Deputy Secretary of the Ministry of Education in his reply dated 9.3.2009 said that there was no scope for providing permission in the present set up. He further submits that 4 institutions providi......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
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Category: Others | Date: | Hits: 146
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....561A of the Code of Criminal Procedure, 1898. 15. In the case of Abdul Quader Chowdhury and others Vs. the State Reported in 28 DLR (AD) 38 their Lordships in the Appellate Division considered the scopes of interference by the High Court Division under the provision of Section 561A of the Code of......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ..Category: Criminal Law | Date: | Hits: 115
Shamsuzzaman Vs. State and others, 2007, 36 CLC (HCD)
....tion is accordingly disposed of. Let a copy of the order be sent to the learned Metropolitan Sessions Judge, Dhaka for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 98. ......s Case No. 2543 of 2007. Judgment Md. Ali Asgar Khan J.- The appellant petitioner by way of an application under section 426(1) of the Code of Criminal Procedure has prayed for enlarging him on bail in Metro-Sessions Appeal No.177 of 2007 now pending in the Court of Metro-Sessions Judge, Dhaka..Category: Criminal Law | Date: | Hits: 106
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....questions of facts as whether the selected land is situated at the centre of the Union or whether there is likelihood of river erosion etc. cannot be decided in writ jurisdiction and there is also no scope for implementing the Paripatra through Court. 24. The Government is the final authority to ......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
.... the view to prevent the right of the Pre-emption which was dismissed on contest vide judgment and decree dated 22-9-1997 (decree signed on 1-10-1997) and in that view of the matter there is no legal scope to reconsider a decided issue as to the question whether the deed in question was sale or exch......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ..Category: Property Law | Date: | Hits: 117
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....the evidence on record both oral and documentary having been affirmed by the learned appellate Judge with proper reasoning and discussionthis Court in its revisional jurisdiction has got very limited scope to interfere with such a well reasoned and well discussed judgment of affirmance passed by the...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ..Category: Property Law | Date: | Hits: 138
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......ection 406 of the Penal Code as in the other case and issused warrant of arrest against the accused-petitioners. In both the cases the accused-petitioners surrendered before the Court and obtained bail. 4. The point that has been raised in support of the Rules is that a prosecution for crimina..Category: Criminal Law | Date: | Hits: 87
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