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Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)
....J Md. Hamidul Haque J Salam Mollick (Md.)……………………Petitioner Vs. State……………………Opposite Parties Judgment January 18, 1996. Result: The Rule is discharged. Appearance in the Court through a Lawyer Considering the hardship on the part of fem...... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ..Category: Procedural Law | Date: | Hits: 120
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....nce is rejected. Whether a Magistrate is competent to take cognizance of an offence in respect of an accused person on the basis of a naraji petition although the accused person was previously discharged pursuant to a final report submitted by the police. The word "discharge" has not been def......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....……………………Plaintiff-Petitioner Vs. Md. Shamuzzoha Khan & Others…………………………Defendant-Opposite party Judgment May 13, 2007. Result: The rule is discharged. Cases Referred to- Alhaj B.N. Khan (Degree) College Vs. Md. A. Rahim and others, 7 B...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....'ble Speaker of the Parliament dated 29.08.06 issued under the Notification being SRO No.240. Before the petitioner could finalize the transfer documents after payment of the duty and taxes and other charges as per provision of the said notification, the law enforcing agency out of misconception of ......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 246
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....g major penalty on the petitioner for which under Rule 10(8), the Enquiry Officer or the Inquiry Committee had no authority to recommend any punishment and they will only inquire into the allegations/charges and shall give findings whether the accused is guilty or not on each charge. In a department......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..Category: Labour and Industrial Law | Date: | Hits: 2706
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....t Judgment March 2, 2008. Result: All the Criminal Appeals are allowed. Fundamental principle of Criminal Jurisprudence is that onus of proving everything essential to establishment of charge against accused lies upon prosecution which must prove charge substantially as laid down i.e.......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....R No.40/1990) under section 25B of the Special Powers Act, 1974 against the convict appellants and others was started. 3. The police after completion of the investigation of the case submitted charge-sheet No.36 dated 25-11-1990 under section 25B of the Special Powers Act, 1974 against 5 (fiv......e 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: 64 DLR (HCD) (2012) 477. ..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
.... Majumder, Metropolitan Magistrate where the petitioner surrendered on 08-06-1991 and obtained his bail in the case. On two consecutive dates i.e. 19-06-1991 and 09-07-1991 were fixed for hearing the charge, in the case the petitioner could not appear before the concerned Magistrate and submitted ......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. ..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... materials on record and my discussions above, I am satisfied to hold that the dispute in question is absolutely a dispute of civil nature and that the prosecution has miserably failed to prove the charge under section 467 of the Penal Code against the accused petitioners in both the Rules and as ...... 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. ..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
....er as per law of the land, can this provision of preventive detention as contemplated in the Special Powers Act be resorted to in detaining a person in custody. In a case where specific criminal charge has been levelled and specific case is pending the executive authority should not take reco...... 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. ..Category: Criminal Law | Date: | Hits: 66
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....re-emptee-Appellant-Petitioner. Vs. Md. Abdur Mannan and 14 others………………………Pre-emptors-Respondents-Opposite-Parties Judgment August 8, 2010. Result: The Rule is discharged. The Code of Civil Procedure, 1908(Act No. V of 1908); Order XLI rule 27 When to allo......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ..Category: Property Law | Date: | Hits: 88
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....5, SI Md. Saiful Islam, investigated into the case, visited the place of occurrence examined and recorded statements of the witnesses under section 161 of the Code of Criminal Procedure and submitted charge-sheet dated 26‑8-98 under sections 143, 302 and 34 of the Penal Code against accused Ersh......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....lection Commission under his signature in pursuance to the order dated 10‑11‑2002 passed by the High Court Division. Abu Daud Md. Golam Mostafa, Assistant Commissioner District Election Office in charge proved papers marked Exhibit B‑B(40) series. Md. Alauddin Gazi, Manager Islami Bank Peroj...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....here was no response. The petitioner came to know that the writ respondents were trying to lease out the land in favour of the writ respondent No.8 on the direction of the Hon'ble Deputy Minister (in-charge) of land; that after hearing such information the writ petitioner collected a copy of the sai...... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ..Category: Civil Law | Date: | Hits: 182
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
....nformant's head came to rescue her husband. The accused inflicted cheni blows on her as well and caused hurt on the head which caused bleeding. The informant recognized the accused with the help of a charge light. The informant was admitted to Lakshimpur Thana Sadar Hospital. As the informant was ad...... 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. ..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....rsity at a meeting of the Syndicate on 28.6.2008. The final enquiry committee submitted a report to the Syndicate which considered the reported exonerated Mr. Sanowar Hossain from the allegations and charge brought against him at a meeting held on 23.9.2008. The Syndicate adopted all the steps for e...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..Category: Employment/Service Law | Date: | Hits: 169
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....de…………………(13) If the complainant has given any amount of money in order to get a sell deed for a land he should establish his civil right thereof through a civil Court. For framing a charge under section 420 PC, it requires dishonest inducement by a person in order to deceive in del......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....Suo Motu Rule No.71 of 1987. Judgment Syed Fazle Ahmed J. - Appellant Md.Santosh Mia was placed on trial before the Sessions Judge, Brahmanbaria in Sessions Trial Case No.12 of 1987 to answer a charge initially under section 302 but subsequently it was altered to one under section 304 Part II ......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
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....ing. The principle of double jeopardy as contemplated under section 403 Cr.P.C. comes to operate only when offence once had been tried by a competent Court and ended in conviction or acquittal. If charge was not framed in the earlier complaint case when the last order of acquittal was recorded on......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. ..Category: Procedural Law | Date: | Hits: 108