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Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....1962) AC 152 and submitted that when the order is void ab initio it is non est and do not have any legal value. 7. Mr. Rais Uddin the learned Advocate most empathically submits that if the scheme, scope and purpose of the Arbitration Act is examined, it becomes clear that the arbitration proceedi......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....r. Mujibur Rahman, learned Advocate appearing for appellants Abdul Gofran, Giasuddin and Abdus Sattar in Criminal Appeal No.2229 of 1991 submits that the learned Sessions judge has failed to note the scope for embellishment in the prosecution story because of belated filing of the petition of compla......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ..Category: Criminal Law | Date: | Hits: 147
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....he question as to whether a provision in a statute is 'mandatory' or 'directory'. But it is the duty of the Court to get at the real intention of the legislature by carefully attending to the whole scope. The determination of the question whether the provision is 'mandatory' or 'directory' in the ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ...... application made to him or otherwise, that further investigation into the offence ought to be made, direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify." 7. It will be seen that the power given to the Session..Category: Procedural Law | Date: | Hits: 127
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....livery of possession in the instant case. That Abdur Rahman Sikder, the donor, being the husband of donee Most. Monowara Begum and their relationship as husband and wife being cardinal, there is no scope to import any hostile relationship between them. Therefore, possession of the property in ques......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ..Category: Property Law | Date: | Hits: 152
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....he satisfaction of the Deputy Commissioner, Dinajpur till commencement of the trial of this case before the learned Sessions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......e was issued in an application under section 498 of the Code of Criminal Procedure calling upon the Deputy Commissioner, Dinajpur to show cause why the accused-petitioners should not be enlarged on bail in GR Case No.47 of 1987 of the Court of Upazila Magistrate, Nawabganj, Dinajpur arising out of..Category: Criminal Law | Date: | Hits: 74
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....n accordance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477.......pplication made to him or otherwise, that further investigation into the offence ought to be made, direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify. (7) Where further investigation into an offence is stop..Category: Procedural Law | Date: | Hits: 113
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....n Farhana. Lastly, the DM vide a Memo dated 23.12.2010, authenticated the Declaration in favor of Barrister Rumeen Farhana. Ittehad is now being printed and published regularly. Hence there is now no scope to authenticate the Declaration of Ittehad in anybody else’s name, let alone in the name of ...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 171
Parvaj Vs. State, 2012, 41 CLC (HCD)
.... and the alamats were seized in their presence. The Investigating Officer as P.W.6 proved the seizure list and also the pieces of broken glass and shell of a cocktail as material exhibits. 15. The scope of quashment of a judgment under section 561A of the Code is very narrow and limited. In the p......in this Court with the instant criminal miscellaneous case under section 561A of the Code for quashment of the judgment and order, and obtained the Rule. Subsequently this Court enlarged him to go on bail. 11. This Case has been appearing in the cause list for many days with name of the Advocate..Category: Criminal Law | Date: | Hits: 73
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
....e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ...... issued search warrant and seized the said items from the custody of the accused, which they manufactured and stored in their factory. 4. The accused surrendered before the Magistrate and obtained bail. Thereafter, they filed an application for their discharge from the case under section 241A of ..Category: Procedural Law | Date: | Hits: 114
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......on 12.4.2003 in Criminal Rule No.74 (R) of 2003 and made absolute on 22.7.2003. Thereafter the appeal was admitted on 11.11.2003. During pendency of the appeal, the appellant moved an application for bail, which was allowed by order dated 18.11.2009. Ms. Aynunnahar Siddiqua, the learned Advocate for..Category: Criminal Law | Date: | Hits: 114
Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
.... learned Assistant Attorney General took us through the entire order sheets and submitted that the case was fixed for argument after closing the prosecution witnesses, at this stage there is no legal scope for quashment for the proceedings. We have gone through the record and considered the submissi...... report the Magistrate took cognizance of offence against the petitioner by his order dated 21.10.1997 and issued summon against him. The petitioner voluntarily appeared before the Court and obtained bail on 1.1.1998. Subsequently the Magistrate by his order dated 9.2.1999 framed charge against him ..Category: Criminal Law | Date: | Hits: 85
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e was not proved against them. Challenging the said judgment and order of conviction and sentence, the convict-appellant moved in this Court with the instant criminal appeal and subsequently obtained bail. This appeal has been appearing in the cause list for several days with name of the learned Adv..Category: Criminal Law | Date: | Hits: 87
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......rder of conviction and sentence dated 31.7.2002, as stated above. Challenging the said judgment and order, the appellant moved in this Court with the instant criminal appeal and subsequently obtained bail. 6. This appeal has been appearing in the cause list for several days with name of the Advoc..Category: Criminal Law | Date: | Hits: 113
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......cquitted co-accused Setara Begum by the impugned judgment and order dated 23.1.2006, against which the convict-appellant moved in this Court with the instant criminal appeal and subsequently obtained bail. Mr. Dewan Abdun Naser, learned Advocate appearing for the appellant submits that out of emotio..Category: Criminal Law | Date: | Hits: 110
Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....et. The trail Court had framed charge and the prosecution already started examining the witnesses. There is no illegality in the proceedings. She further submits that during pendency of the Rule, the scope of stopping any criminal proceedings for nonconclusion of trial within the time-limit under se......ditiously. Before holding further trial, the Court will serve notices upon all the accused persons and give them reasonable opportunity to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. ..Category: Criminal Law | Date: | Hits: 124
Noab Mia and another Vs. State, 2012, 41 CLC (HCD)
....nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......report by his order dated 4.2.1982 and issued warrant of arrest against the accused. Long after acceptance of the police report, the petitioners surrendered before the Court on 25.1.1990 and obtained bail, but subsequently did not turn up to the Court and as a result their bail was cancelled. After ..Category: Limitation Law | Date: | Hits: 194
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
.... case by managing the Public Prosecutor to file a false application about the ‘death’ of co-accused Garib Hossain, who was actually alive. Lastly she submits that during pendency of the Rule, the scope of stopping any criminal proceedings for non-conclusion of trial within the time-limit under s......ub-section (2) shall be the time for concluding the trial of a case. (3) Omitted (4) If a trial cannot be concluded within the specified time, the accused in the case, if he is accused of a non-bailable offence, may be released on bail to the satisfaction of the Court, unless for reasons to be..Category: Procedural Law | Date: | Hits: 112
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....most similar to the present case, it was held: "The learned Counsel attempted to argue on the evidence which again is a question of fact that had been dealt with by the Domestic Tribunal and the scope of re-assessment of the evidence by a Court is very narrow. No case has been made out that t......missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ..Category: Labour and Industrial Law | Date: | Hits: 160
Bangladesh Can Company Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....ommission did not create any legal right unless the implementation has been notified in the official Gazette. It has also been held in this decision that the learned Labour Court misconceived the scope of section 34 of the Industrial Relations Ordinance and confused between a claim and a right...... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ..Category: Labour and Industrial Law | Date: | Hits: 268
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