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Ashraf Miah (Md.) Vs. State, 2003, 32 CLC (HCD)
....se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ......nder sections 406/420 of the Penal Code. The learned Magistrate on receipt of the first information report issued summons upon the accused petitioner who appeared before the court and was enlarged on bail. It is at this stage the accused petitioner moved this court and obtained the Rule in which fur..Category: Criminal Law | Date: | Hits: 99
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......s arise out of complaint Case No.2018 of 1998 pending in the Court of Chief Metropolitan Magistrate, Dhaka and therefore, these Rules are disposed of by this judgment. Petitioners sought anticipatory bail and this Court issued a Rule and enlarged them on ad-interim anticipatory bail. This Rule gav..Category: Criminal Law | Date: | Hits: 126
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....n properly to explain as to what has happened to his married wife Shefali who lived in his house and custody just before her missing. 28. In above context the appellant Abdul Majid cannot have any scope for any escape from the liability as stated above. 29. It has been hotly argued on behalf o......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486...Category: Criminal Law | Date: | Hits: 112
Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)
....cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ......bur Rahman J. - This is an application by the six accused petitioners, 1. Mahbubur Rahman, 2. Md. Farhad Kabir, 3. Md. Khalilur Rahman, 4. Abdul Haque, 5. Akkas Howlader and 6. Mostafa Mridha (all on bail) under section 561A of the Code of Criminal Procedure praying for quashing the proceedings in..Category: Procedural Law | Date: | Hits: 117
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... the DCT and in their deposition they supported the story of gift, the initial onus of proving the loan has been fully discharged by the assessee-applicant and in that view of the matter there was no scope to disbelieve the story of the gift by the DCT so far as it relates to six creditors who physi......, we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483...Category: Fiscal/Taxation Law | Date: | Hits: 200
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......ns namely, under sections 365/386/387 and 511 as well of the Penal Code but it is for the trial Court to decide. 9. At the time of issuance of the Rule, the petitioner was enlarged on ad‑interim bail subsequently it was extended till disposal of the Rule, Mr. Md. Abdur Rouf the learned Assistan..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
.... on record. We have perused the Exhibited documents but do not find anything in them in support of his contention. Moreover, the decree is very clear and there is nothing ambiguous in it. There is no scope of issuing a letter of administration beyond the schedule of the Will. We are, therefore, unab...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ..Category: Property Law | Date: | Hits: 183
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......and accused appellant Kawsarun Nessa is set aside and they are acquitted of their charges levelled against them for the offence under sections 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
....i at the instance of the accused opposite parties and depending on the statement of defence witnesses submitted final report with respect to the four opposite parties which was illegal and beyond the scope, of investigation by a police officer. On this point he has relied on the decision made in the...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....rse for him is to send the name of the elected person to the Election Commission for notifying the election in the Official Gazette. If these duties are performed in due and normal course there is no scope for the Election Commission to intervene. After the notification any dispute regarding Electio......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ..Category: Election Law | Date: | Hits: 248
Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)
....to support the allegations made in the grounds. 10. We have looked into the grounds and we must say that all the 3 grounds contained in Annexure B are absolutely vague and indefinite and give no scope for understanding what act or activity of the detenu was being alleged or to assess whether th...... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ..Category: Criminal Law | Date: | Hits: 117
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
.... unambiguous terms it has been provided that the Court must be constituted with 3 (three) Members including a Chairman who are to be differently qualified and of different categories. There is no scope for meaning the word 'shall' as 'may'. No provision has been made in the Ordinance that in the......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ..Category: Labour and Industrial Law | Date: | Hits: 197
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......vice or non-service of the Summons. 10. (3) In lieu of or at the time of issuing such proclamation or at any time afterwards, the Court may in its discretion issue a warrant either with or without bail, for the arrest of such person and may make an order for the attachment of his property for suc..Category: Procedural Law | Date: | Hits: 137
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......r alias Abu Bakkar Siddiq be set at liberty forthwith, if not wanted in any other case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431...Category: Criminal Law | Date: | Hits: 86
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.... 1973. So also there having been no satisfactory evidence the applicant's plea that the consideration was paid some time after the registration of the Kabala cannot be believed. There is therefore no scope to take a view other than what would follow from the normal conduct of the parties, and the pa.......73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414...Category: Property Law | Date: | Hits: 110
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......iction and sentence as passed against the accused appellant Kazi Ibrahim alias Ibrahim Kazi are set aside. He is acquitted of the charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported i..Category: Criminal Law | Date: | Hits: 97
....a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
...... Bangladesh Penal Code was filed. It is further stated that the detenu was not named in the F.I.R. of the said murder case but the detenu was arrested on 8.11.86 and thereafter he was released on bail on 20.11.86 and police after investigation submitted final report on 30.8.87 in his favour and ..
Category: Criminal Law | Date: | Hits: 100
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......nt and order of conviction and sentence on 24.6.1996 as stated above. The convict appellants have filed these two appeals separately challenging the said judgment and order, and subsequently obtained bail from this Court. 5. Mr. Md. Bashir Uddin Zindigir, learned Advocate appearing for the appell..Category: Criminal Law | Date: | Hits: 111
....uction to a word or a phrase. It is at times used to introduce artificial conceptions which are intended to go beyond settled legal principles. It is at times used to remove uncertainty or leave no scope for doubts and debates which may involve refined and ingenious points." (We ourselves have und.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
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Category: Election Law | Date: | Hits: 391
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ...... (underlined by us) 14. In a recent decision our Appellate Division held in the case of State Vs. Zakaria Pintu alias Md. Zakaria Pintu reported in 18 BLT (AD) (2010) 491 = 62 DLR (AD) 420 that a bail although may often be a right to an accused but sometimes it is imperative on the part of the C..Category: Criminal Law | Date: | Hits: 107
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