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Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....officers involved. Therefore, it was not possible to fix up liability of individual accused persons in terms of defalcated money. After investigation it would be known. For that reason, there is no scope to say that no specific allegation is available in the first information report for the purp......rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....petitioner were not rejected on political influence as alleged which will be evident from the facts that there were in total four candidates for the post of Chairman and so, respondent No.6 had no scope at all to get himself elected as uncontested chairman by getting the nomination papers filed ...... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...Category: Election Law | Date: | Hits: 211
.... and complete adjudication of all questions involved in the suit. This view has been followed in the case reported in 1997 BLD 117. In view of the law clearly settled by their Lordships regarding the scope of Order 1 rule 10(2) CPC there remains no scope to take a different view in the matter. The r......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417...
Category: Civil Law | Date: | Hits: 101
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......al Code and are accordingly acquitted. Let appellant Abu Bakar Matbar be set at liberty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ..Category: Criminal Law | Date: | Hits: 85
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......am and Md. Nurul Islam Zamadder are hereby acquitted from the charge as leveled against them. 60. Let the accused Md. Jahangir Alam and Md. Nurul Islam Zamadder be discharged from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court be..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....osure to counterfeiting of stamp and band, loss of national revenue and undermining the rule law. Mr. Tawfique Nawaz also submitted that respondent Nos.1‑7 acted without lawful authority within the scope of Article 102 of the Constitution and their arbitrary action of treating the minority report ......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433...Category: Others | Date: | Hits: 174
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......n J Afzal Hossain Ahmed J Iqbal Hasan Mahmood…………………Appellant Vs. State……………………Respondent Judgment October 29, 2008. Result: The application for bail is allowed. Cases Referred to- ACC Vs. Barrister Mir Md. Helaluddin, 60 DLR (AD) 57. ..Category: Criminal Law | Date: | Hits: 125
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ses duly got corroboration from Exhibit 2 and evidence of P.W. 2. He finally submits that impugned judgment, and order of conviction by court below against appellants having no illegality can have no scope for interference in this appeal which must fail having no merit. We have considered the conten......urt and they were sent to the custody. 3. Case record was sent to Sessions Judge Mymensingh for trial and disposal. It was registered as Case No.23/90. Accused appellants subsequently were granted bail, case record was then sent to the court of Additional Sessions Judge 1st Court Mymensingh for d..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....gh Court shall examine the charge-sheet ascertain as to whether the allegations made therein constitute a criminal offence. But before cognizance is taken by the appropriate Court there is hardly any scope for saying that charge-sheet would lead to abuse of the process of the Court, because the cour......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ..Category: Criminal Law | Date: | Hits: 86
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....roportionate to his known sources of income. When the Legislature in its wisdom made the new law in 1957 to remedy the mischief which could not be prevented under the earlier law of 1947, there is no scope for restricting the meaning of the words “any person” in section 4 and the word “whoever......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
.... complainant who has disclosed a prima facie case in his complaint has had an opportunity of placing materials on which he bases his complaint before the Court. Thus, this is stated in the nature and scope of section 561A of the Code of Criminal Procedure in the matter of quashing criminal proceedin......f the Code of Criminal Procedure, took cognizance and issued process against the accused-petitioner. 4. The accused-petitioner on 31-7-96 surrendered in the Court of Metropolitan Magistrate and on bail. 5. The learned Metropolitan Magistrate after hearing both the parties and perusal of all pa..Category: Criminal Law | Date: | Hits: 112
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242....... each, in default, to suffer rigorous imprisonment for 6(six) months is hereby set aside. The appellants are acquitted from the charges leveled against them. The appellants Nos. 1 and 2, who are on bail be discharged from their respective bail bonds. The appellant No.3 Abul Hashem alias Hashem who..Category: Criminal Law | Date: | Hits: 112
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
....at choice is proposed to be made is empowered to adopt either the one or the other mode of procedure. If that Court is not so empowered but is obliged to follow only one mode of procedure there is no scope for a choice of procedure at all at the hands of the plaintiff. So far as the choice between t...... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263...Category: Procedural Law | Date: | Hits: 92
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....only by the Special Tribunal wherein the case is pending and as such, the respondent No.1 or the Customs Department has no authority to dispose of the articles and consequently, this Court has little scope to give a direction upon the respondents for disposal of the articles recovered. 12. We hav......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......e offence under section 138 of the Act. The learned Magistrate took cognizance of offence under section 138 of the Act and the petitioner surrendered in the Court of Magistrate and he was enlarged on bail. Thereafter, he has come to this Court and filed this application under section 561A of the Cod..Category: Criminal Law | Date: | Hits: 75
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....1 gives it a restrictive meaning is that, it refers to only one fact which will give rise to the cause of action. Section 138 and 141 clearly postulates only one cause of action and there is no legal scope for successive cause of action. The combined reading of section 138 and 141 of the Act leave n......n of complain took cognizance of the case against the accused petitioner under section 138 of the Negotiable Instruments Act, 1881. The accused petitioner surrendered before the Court with prayer for bail and he was enlarged on bail. There after the case has been transferred to the Court of the Lear..Category: Civil Law | Date: | Hits: 150
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....l be no such finality and no vacancy will legally occur to the parliamentary seat of the disputed constituency till the dispute is settled finally. As a result without a seat being vacant there is no scope for Article 123 to become operative. 13. Mr. Ariff also urges that because of the poll bein......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
.... Ordinance 1983 not having defined the term "Truck Vehicle' the formation of the Pabna Zila Truck Chalak Union having no legal sanction tile impugned order is without jurisdiction as being beyond the scope of sections 3 and 5 to 8 of the Ordinance. Secondly, sections 2(9) and 2(10) read with section......eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
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Category: Labour and Industrial Law | Date: | Hits: 171
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
.... Criminal Procedure as different modes of compelling appearance although both are processes to compel appearance and after the aforesaid amendment the difference still exists. There is, therefore, no scope to interpret the word 'summons' to include warrant because of the amendment making Chapter XX ......ed warrant of arrest against the respondent under sections 323, 324 and 379 of the Penal Code. 4. The accused-respondents surrendered before the learned Magistrate on 16.11.87 and were released on bail. 5. On 18.11.87 both the complainant and the accused respondents were absent and the learned..Category: Procedural Law | Date: | Hits: 85
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
....r availing of 3(three) months' leave he resumed his duties on 4.8.87 and was doing his work regularly and had also received his salary and allowances as usual and this being the position there was no scope to accept the resignation conditionally. He also stated that in the changed circumstances he h...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ..Category: Employment/Service Law | Date: | Hits: 225
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