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Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)

....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......497/109 of the Penal Code and issued warrant of arrest by an order dated 16-9-2000 of the said Court. 4. The accused petitioners voluntarily surren­dered before the said Court and was enlarged on bail by an order dated 20-9-2001. 5. Being aggrieved by the aforesaid order dated 16-9-2001, taki..

Category: Criminal Law | Date: | Hits: 79

Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)

....ransferred suits/cases were filed under the Ain, 2003. Language of sub-section (3) of section 60 of the Ain, 2003 is so clear and unambiguous that it does not require any interpretation and we see no scope to interpret that by sub-section (3) of section 60, sec­tion 47 of the Ain, 2003 has been mad......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..

Category: Civil Law | Date: | Hits: 138

Baharuddin Vs. State, 1993, 22 CLC (HCD)

....w of the matter, it is also difficult to rely on the report of the chemical examiner to hold that the packets allegedly recovered from this appellant and Md. Bahar contained any heroin. Thus there is scope for doubt as to the identity of the material as heroin allegedly recovered from the possession......cie case as against all the 3 accused and submitted charge sheet against them under section 19(1) (Ka) of the Madhak Drabbya Niyantran Ain on 19.11.90. On the prayer of the accused, they were granted bail by the Magistrate before whom they were produced. Thereafter the case was forwarded to the lear..

Category: Criminal Law | Date: | Hits: 81

Chittagong Port Autho­rity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)

....ators. He added that according to sub section (a) (VI) and (b)-III and (IV) of section 43 of the Arbitration Act, 2001 the learned Arbitrators exceeded the jurisdic­tion and thereby acted beyond the scope of the sub­mission to arbitration. Therefore, the award in ques­tion is illegal and same is ...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..

Category: Alternative Dispute Resolution | Date: | Hits: 334

Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)

....mits that the learned Assistant Judge also erred in law in pointing to the market‑value of the suit property to be the guiding factor in determining the valuation of the suit ignoring the frame and scope of the suit and the same has occasioned failure of justice. In support of his contention Mr. K...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451...

Category: Procedural Law | Date: | Hits: 81

Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)

....to retire from his service on the expiry of his 60 years on the basis of his age as per Matriculation certificate; that the notices dated 21-11-2001 and 28-11-2001 are valid ones and that there is no scope for consideration of his case, for rendering 36 years of service in the school on humanitarian......ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ..

Category: Employment/Service Law | Date: | Hits: 158

Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)

.... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ......ices for paying remaining Taka 3,50,000. The informant demanded the said money but on 22-8-2002 at 5-00 PM the accused petitioner flatly refused to pay the said money. The accused petitioner obtained bail on 26-9-2002. Thereafter, moved this Court for quashment of the proceeding. 3. It is a GR Ca..

Category: Criminal Law | Date: | Hits: 87

Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)

....f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......d in the body of this order. The Court of appeal below shall give chance to the parties to place their respective cases, if they so desire. The 4 petitioners may, pending disposal of the appeal, find bail to the satisfaction of the Court of appeal below. Let a copy of this order be sent to the Se..

Category: Criminal Law | Date: | Hits: 85

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

....8.6.94 directing them to attend the Parliament has become infructuous. 10. Respondent No. 5 has filed an affidavit-in-opposition stating that the subject matter of the writ petition is outside the scope of judicial review of the High Court Division, as such, the petition is not maintainable. It i...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..

Category: Constitutional Law | Date: | Hits: 344

Government of Bangla­desh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....charged employees till 1986 comes to 4572 but instead, 6,654 were already regula­rised, apparently, an excess of 2,182 employees were regularized. As such, the committee con­cluded that there is no scope for regularising any other employee as permanent (Annexure-Q to the Writ Petition No. 4040 of ......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ..

Category: Employment/Service Law | Date: | Hits: 208

State Vs. Dr. Md. Nurul Islam, 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: ......prisonment for one year more. All the convict-appellants are entitled to get the benefit as provided under Sub-Section (1) of Section 35 A of the Code of Criminal Procedure. The orders granting bail to the convict-appellants by this Court are hereby vacated and they are directed to surrender b..

Category: Criminal Law | Date: | Hits: 104

State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)

....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... of Tota Matbor (6) Elahi Member son of late Chand Mia (7) Nasiruddin @ Nasu son of Ful Chand @ Sultan, all of village-Abdullahpur (Karergaon), Police Station- Keraniganj, District- Dhaka, who are on bail, be discharged from their bail bonds. Regarding the non-appealing absconding condemners (1) Mar..

Category: Criminal Law | Date: | Hits: 93

Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)

....ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......he instance of the accused-petitioner Abdur Rahman Mollah, elected Chairman of Paroly Union Parishad, calling upon the opposite party to show cause as to why he should not be enlarged on anticipatory bail in Kalia PS Case No.17 dated 27-2-98 which gave rise to GR Case No.31 of 1998. 2. Informant ..

Category: Criminal Law | Date: | Hits: 93

Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)

....e order of detention is purported to be one under the Special Powers Act this Court has power to examine the materials produced to satisfy itself as to whether the order is one within the meaning and scope of the same and if on such examination of the detention is illegal or improper then in an appl......e. Police made GD Entry No.508 of dated 9-4-98 over the arrest of the said detenue along with others from the said area. In Criminal Misc. Case No.1848 of 98 learned Sessions Judge granted ad interim bail for 2 weeks to the detenu on 27-4-98. But he could not be released as he was also shown arreste..

Category: Criminal Law | Date: | Hits: 72

Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)

.... initiated on the basis of any report but on the basis of a complaint by a person not connected with the SEC. 31. In the facts and circumstances discussed above we are of the view that there is no scope for giving a narrow literal interpretation to the provisions of section 25 of the said Ordinan......respective cases. Possibly seeing a news item to that effect in the news papers on the next day the accused persons appeared before a Division Bench of this Court and obtained ad-interim anticipatory bail on 3-4-97. Thereafter the three sets of accused persons filed Criminal Revision Nos. 163-165 of..

Category: Business or Commercial Law | Date: | Hits: 219

Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)

....h Court Division. 5. As the point of limitation does not deserve any serious consideration for reasons mentioned above, it is profitless to consider the provision of section 109 and also as to its scope. Here the Chittagong Port Autho­rity created an impression upon the mind of the plain tiff th......ays, "the responsibility of the authority for the loss". Goods either for export and import when remain in the possession or under the control of the Port Authority is saddled with the liability of a bailee under sections 151, 152 and 162 of the Contract Act. Once this liability is fixed by law ther..

Category: Civil Law | Date: | Hits: 112

Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others, 1982, 11 CLC (AD)

....conflict between these two decisions. The questions raised there related to prima facie compliance of mandatory provisions as to splitting up of a joint tenancy by a competent Revenue Officer and the scope of enquiry in a collateral preceding. In one case the order for splitting up was found prima f......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 338. ..

Category: Property Law | Date: | Hits: 128

Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)

....petitioner if accepted and taken as true constitute an offence of criminal breach of trust and criminal misconduct. In this proceeding under section 561A of the Code of Criminal Procedure there is no scope of determination whether such allegations are false or otherwise, which can only be done in th......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214...

Category: Criminal Law | Date: | Hits: 230

Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)

....ainant claim for money in his petition of com­plaint and filed the case before the Labour Court under section 307 of the Labour Act this is absolute­ly a Civil Claim for money and there is no scope to grant such relief under the said provision of law, accordingly there is no ingredients of s......n examination of the complainant and recording his initial statement the learned Labour Court took cognizance of the case. 3. The accused petitioners thereafter appeared before the Court and got bail from the Court and filed an application under section 241A of the Code of Criminal Procedure fo..

Category: Labour and Industrial Law | Date: | Hits: 201

MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)

....ntment dated 13-7-93 having an independent appointment with higher pay scale in the post of higher cadre. It has been further argued that in view of petitioner’s independent appointment there is no scope for reverting or relieving back the petitioner in any other previous post as the order of prom......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390...

Category: Employment/Service Law | Date: | Hits: 184