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Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)
....though according to P.W.1 Sadir Mia Police Station was 200 to 300 cubits away towards south from their house. Ordinarily when a first information report is lodged soon after the occurrence leaving no scope for consultation and fabrication, the presumption is that it is a truthful account eliminating......tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492...Category: Criminal Law | Date: | Hits: 139
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....ppeal is dismissed and the order of conviction and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......ced in Court on 6 occasions on 20.05.1972, 26.06.1972, 12.07.1972, 27.07.1972, 12.08.1972 and 28.08.1972 before the T.I. Parade was held on 07.09.1972. Accused Shahadat Hossain was granted ad-interim bail on 26.06.1972 accused Abul Kashem and Kazi Enayet Hossain were also granted bail subsequently a..Category: Criminal Law | Date: | Hits: 142
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....tainability of the appeal, we should keep in mind that an appeal is a creature of statute and unless a right of appeal is clearly and expressly given by the statute, it does not exist and there is no scope for inferring such a right by implication. In this regard we may look into a decision in the c......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ..Category: Civil Law | Date: | Hits: 169
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
.... the Court cannot override the express provisions of the law. If there are specific provisions of the Code dealing with a particular topic and they expressly or by necessary implication exhaust the scope of the powers of the Court or the jurisdiction that may be exercised in relation to a matter......r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the impugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ..Category: Procedural Law | Date: | Hits: 127
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....onsistently emphasizing the position that the normal sentence in such cases is death unless there be any extenuating circumstances." 27. From the above observation it is evident that there is no scope to consider the ground of humaneness in mailer of awarding normal punishment inasmuch as doctr......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..Category: Criminal Law | Date: | Hits: 134
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531....... 138 of the Negotiable Instruments Act and directed to issue summons against the accused petitioner. The accused petitioner voluntarily appeared and surrendered before the Magistrate and prayed for bail and being satisfied the learned Metropolitan Magistrate enlarged him on bail on 6-12-2005 and o..Category: Criminal Law | Date: | Hits: 103
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
....ttlement he has every right to prefer appeal against the judgment and decree passed by the trial Court. He further submits that since on 31-8-2004 in his presence decree was passed there was no any scope for the appellant to file any application before the trial Court under Order IX, rule 13. 8......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ..Category: Alternative Dispute Resolution | Date: | Hits: 227
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....h concurring with the observation of his lordship Mr. Justice ATM Afzal, held in the relevant portion of the judgment thus:- 12. "Many accused persons in this country do not understand the limited scope of the inherent power of this Court under section 561A, Cr.P.C and very often compel their law......Jessore. Accordingly, the case was started in the Court of Sub-divisional Magistrate Jessore, the sole petitioner before this Court Mst. Saleha Khatun surrendered before the Court with a petition for bail which was granted. 3. The Sub-Divisional Magistrate thereafter sent the case record to the..Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
....e jurisdiction of this Court to be sold in execution. 2. The execution is being contested by the judgment-debtor No.1 on the grounds, inter alia, that this execution case has been filed beyond the scope of the judgment and drawn up order of this Court in the main suit. The execution proceeding is...... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105...Category: Admiralty Law or Maritime Law | Date: | Hits: 360
....the above observation. Let a copy of the Judgment and order be sent to the concerned authority for information and necessary action.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 517. ......he said allotment letter.
3. During the Care-taker Government the petitioner, like so many other political leaders, was arrested on 18-4-2007 and he was detained in custody till he was enlarged in bail on 14-5-2009. On release from the custody the petitioner went to the respondent No.1, RAJUK to ..
Category: Property Law | Date: | Hits: 115
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....endants, this sort of document cannot be considered in revisional stage. 13. Taking the floor again Mr. Mollah further submits that Order XLI, rule 27 of the Code of Civil Procedure provides the scope to accept the additional evidence in appellate stage and the said provision of law is also a......in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ..Category: Property Law | Date: | Hits: 97
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ...... period of imprisonment already undergone and let them along with appellant Afzal Mia be released forthwith if not wanted in connection with any other case. Appellant Dalilur Rahman who is already on bail granted by this court be discharged from his bail bond. Let the Criminal Revision No.1020..Category: Criminal Law | Date: | Hits: 148
Golam Nasir Vs. Abdul Aziz, 1986, 15 CLC (HCD)
....f 1982 in accordance with law. Let the records of the Court below be sent down at once. Syed Misbahuddin Hossain J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 103. ......er several dales were fixed for execution report of warrant on arrest and the learned Magistrate passed on 14.08.1982 the following order: "Complainant is present, Accused (1) Rafiq (2) Salem on bail an absent by petition. Accused (1) A Aziz, (2) Liakat Ali, (3) Maznu are present Remaining accu..Category: Criminal Law | Date: | Hits: 123
Mati Miah and Shamsu Miah Vs. State, 1990, 19 CLC (HCD)
....e No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554.......ion and sentence, passed by the learned Special Tribunal in Special Tribunal Case No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554...Category: Criminal Law | Date: | Hits: 125
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....nment after 07.02.1985 without complying with the mandate of section 10 of the Act within the prescribed period extending the detention of the detenue for a further period of 2 months is beyond the scope of the Act and is without lawful authority and mala fide in law and has no legal effect. Fo......zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....general definition of industrial dispute but that was clearly qualified and explained by the subsequent provision of section 43 of the I.R.O. In view of the provision of section 43 there remains no scope to hold that the dispute raised in I.R.O. Case No.79 of 1985 was an industrial dispute because......t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... to frustrate the trial of war criminals under the International (War Crime) Tribunal Act of 1973." 11. Considering the above observation made by the Division Bench on identical matter gives me no scope even to discuss the matter further on merit, hence it is summarily rejected. Syed Abu Kowse...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...Category: Constitutional Law | Date: | Hits: 314
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......Penal Code is set aside. The case is sent back to the learned Sessions Judge, Rajbari for fresh trial in accordance with law. As the accused appellant is in custody since 29‑4‑1995 the prayer for bail, if any, on behalf of the accused appellant may be considered by the trial Court. Send down ..Category: Criminal Law | Date: | Hits: 123
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......ated 9-4-2007 took cognizance of the offence under section 138 of the Negotiable Instruments Act (the Act) against the accused-petitioner. After appearing before the Court the petitioner obtained bail and then filed an application under section 256C of the Code of Criminal Procedure (the Code) p..Category: Procedural Law | Date: | Hits: 114
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......ich the petitioner is entitled to get the benefit of doubt. 14. In the result, the rule is made absolute. Judgments, passed by the Courts below are set aside. The petitioner is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court co..Category: Criminal Law | Date: | Hits: 87
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