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Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

.... discussions none of the contentions raised by the opposite party has any substance for the reasons that the first contention re­lates to the merit of the election case itself and thus is beyond the scope of this Rule, the second and third contentions relating to the question of jurisdic­tion of t......­peal find answer in the foregoing discussion. For these reasons, this Rule is made abso­lute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ..

Category: Election Law | Date: | Hits: 194

Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)

....te party No.1 is a stranger-purchaser. The case land was under the possession of one Abdul Gani, a cultivator under opposite party No.2, and since Abdul Gani was in possession, the petitioners had no scope to know about the said transfer. In the last part of Magh, 1382 B.S. when opposite party No.1 ......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ..

Category: Property Law | Date: | Hits: 100

Lal Mia Vs. State, 1989, 18 CLC (HCD)

....n fil­ing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......ut the learned Court refused to admit the appeal on the grounds of limitation. Against that order this revisional application has been moved before this Court and the Rule obtained and he was granted bail. 5. Mr. Khademul Islam Chowdhury, the learned advocate appeared for the petitioner while Mr...

Category: Procedural Law | Date: | Hits: 122

Saidur Rahman Vs. State, 1992, 21 CLC (HCD)

....e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ...... is sent back to the learned Divisional Special Judge, Rajshahi Division, Rajshahi for fresh trial of the appellant after examination of the prosecution witness afresh. 11. The appellant who is on bail granted earlier by this Court will continue to remain on bail till the disposal of the case by ..

Category: Criminal Law | Date: | Hits: 98

Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)

....rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......king the order for investigation may, if the offence to which the investigation relates is not punishable with death, imprisonment for life or imprisonment exceeding ten years, release the accused an bail to the satisfaction of such Magistrate, and (b) the Court of Session may, if the offence to ..

Category: Criminal Law | Date: | Hits: 97

Ahad Miah Vs. State, 1997, 26 CLC (HCD)

....etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200.......he Petitioner. Nikhilesh Datta, Advocate‑For the State. Criminal Miscellaneous Case No. 450 of 1997. Judgment Iftikhar Rasool J. - The petitioner was enlarged on ad-interim anticipatory bail by the High Court Division. That order was communicated to the Deputy Commissioner, Habiganj wh..

Category: Criminal Law | Date: | Hits: 86

Seraj Miah Vs. State, 1997, 26 CLC (HCD)

....lthough each case would depend upon its particular facts and circumstances. The underlying principle is that each case depends upon its peculiar facts and circumstances. 18. While interpreting the scope of section 118 of the Evidence Act, Morshed, J. (as his Lordship then was) observed in the cas......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ..

Category: Procedural Law | Date: | Hits: 94

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......e Deputy Commissioner Dhaka to show cause why pending disposal of GR Case No.2055 of 1996 arising out of Gulshan PS Case No.9 (11)96 accused‑petitioner Mrs. Jobaida Rashid should not be enlarged on bail. 2. The short fact leading to this Rule is that, petitioner Mrs. Jobaida Rashid has been res..

Category: Criminal Law | Date: | Hits: 89

State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)

....is case is of unusual brutality made notable further by the absence of any mitigat­ing or extenuating circumstances. He further advo­cates, given the gruesome nature of the murder, that there is no scope left or allowed for any leniency to be shown those culpable in this case under section 302. Th......d, has been absconding all throughout the investigation, the trial and thereafter through to the filing of this Death Reference. Nitai alias Sohel is found to have been absconding after being granted bail initially and such bail was eventually cancelled on 4-5-2003. 3. The date and time of occurr..

Category: Criminal Law | Date: | Hits: 131

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

....a founding faith, to use the words of Bose J. "a way of life", it must not be subjected to a narrow pedantic or lexicographic approach. We cannot countenance any attempt to truncate its all embracing scope and meaning, for to do so would be to violate its activist magnitude. Equality is a dynamic co......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ..

Category: Constitutional Law | Date: | Hits: 443

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....se; it has not 'validated' the actions taken under the Notification dated 24.12.71; it has simply validated the publication of the Notification; that validity of the action is to be judged within the scope of the three situations prescribed under the subsequent Acting President's Order. The learned ......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 111

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......etition dated 11.9.2003 that she was forwarded to the Magistrate for recording her confessional statement after she being arrested after 4 days of the occurrence and that Nazma Sarker @ Beauty in her bail petition dated 19.2.2005 before the Sessions Judge stated that she was arrested on 29.8.2003 an..

Category: Criminal Law | Date: | Hits: 98

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

.... either in Annexure 'A' or 'B' as to what is the prejudicial act from doing which the detenu is to be prevented by detaining him which is the most essential pre‑requisite for detention. There is no scope for k detaining' authority to consider the prevailing circumstances as mentioned in ground No.......and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...

Category: Criminal Law | Date: | Hits: 113

Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)

....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......cused petitioner. Thereafter notice was issued to the accused petitioner to appear before the said Tribunal. Subsequently on 18.8.90 petitioner surrendered before the Special Tribunal and prayed for bail, but this prayer for bail was rejected. By another order of the same date the case was fixed o..

Category: Criminal Law | Date: | Hits: 73

Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)

.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......hence the case. 4. On 6-8-2007 the accused petitioner volun­tarily surrendered in the Court of learned Chief Metropolitan Magistrate, Rajshahi who was pleased to enlarge the accused petitioner on bail vide order dated 6-8-2007. After transfer of the instant case in the Court of learned Sessions ..

Category: Criminal Law | Date: | Hits: 94

Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....rovision for tax treatment which is a extraordinary and uni­versal provision providing an opportunity to the assessee/tax payer (including the petitioner) to determine his income and to pay tax. The scope of section 93 has been excluded by the sub-section (3) of the section 82BB. 7. It is submi......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..

Category: Fiscal/Taxation Law | Date: | Hits: 167

Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

.... reasonable doubt. In the case in hand it appears that the Courts below relied upon basically the proceeding of a criminal case and oral evidence as well as 2 letters. But it appears that there is no scope to adduced papers relates to any criminal proceeding in a civil dispute. Apart from that it ap......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..

Category: Property Law | Date: | Hits: 90

Abul Khair & another Vs. State, 2002, 31 CLC (HCD)

.....Ws. on the ground that trial Court after canceling the appointment of Mr. Tousur Rahman Advocate as State defence lawyer and after first appointment of Mr. MA Bari APP as new State defence lawyer no scope was offered for preparation of defence by the newly appointed State defence lawyer and thereby......MA Bari lawyer to conduct the defence case on behalf of absconding accused Abul Khair and Imam Patwary. Other accused surrendered through engaged Advocate. They were sent to custody having prayer for bail. Afterwards charge was framed under sections 302/34 Penal Code against all accused. At the tria..

Category: Criminal Law | Date: | Hits: 97

Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)

....d above, I hold that the learned Assistant Judge erred in law in rejecting the petitioner’s application for amendment of the pleadings by way of addition of a party without properly considering the scope of Order 6 rule 17 of the Code of Civil Procedure and section 96(2) of the State Acquisition a......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ..

Category: Property Law | Date: | Hits: 94

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

.... the alleged certificate would be conclusive evidence. Since the restriction was put on the trial of some acts and since the alleged certificate would be taken as sufficient evidence, he submits, the scope of trying the offenders by the Court was still open even without repealing the said Ordinance ......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..

Category: Criminal Law | Date: | Hits: 202