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Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......of Additional Metropolitan Sessions Judge, 4th Court, Dhaka and the Additional Metropolitan Sessions Judge, 3rd Court, Dhaka respectively. It may be stated that the accused-petitioner was enlarged on bail by the concerned Metropolitan Magistrate and then by, the respective learned Additional Session..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......nt under section 13 8 of the Act, 1881 by issuing summons. On receipt of the summons, the respondent surrendered before the Chief Metropolitan Magistrate, Rajshahi on 21-6-2007 and he was enlarged on bail. The case being triable by a Court of Sessions, the case records were transmitted to the C..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
....mily Welfare however informed the petitioners' higher authority that in view of Memo No. AoMo/Abi(Basta-4)/Bibidh-20 (U. Scale)/07/47 dated 24-3-2008 issued by the Ministry of Finance there is no scope of giving time scale and selection grade to the revenue post holders transferred in the develo......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
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Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....e impugned order committed an error of law. More-so, to the case of Abul Masud Khan Vs. Khan Mohammad Abdullah Rahmatullah, reported in 47 DLR 143 their Lordships held that. 9. There is no legal scope to reject the plaint unless the plaint itself shows the want of cause of action for the suit o......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
.... have surrendered before the police or the Nari-o-Shishu Nirjatan Daman Tribunal, which is the appropriate Tribunal to take cognizance of the offence. Under the scheme of the Ain of 2000, there is no scope for surrendering before the Chief Judicial Magistrate for alleged commissioning of the offence...... Result: This petition is disposed of with observations. Discretionary power of the High Court Neither the accused has any right to claim bail nor the Court has uncontrolled power to enlarge him on bail when it is non-bailable offences. C..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......r section 138 of the Negotiable Instruments Act, 1881. 4. The accused-respondent voluntarily surrendered before the Court of Chief Metropolitan Magistrate, Dhaka on 13-9-2004 and was released on bail on the same date. Thereafter, on 15-9-2004 the case was transferred to the Court of Metrop..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....etition of complaint alleging the commission of offence under the said section of the Act. So far as the second contention was concerned, the High Court Division observed that there was no legal scope of connecting the case filed by the accused with the instant case and that the said case ......he Code of Civil Procedure (the Code), cognizance was taken against the accused under section 138 of the Act, 1881. The accused petitioner appeared before the concerned Magistrate with the prayer for bail and he was enlarged on bail. The case being ready for trial, the records were transmitted to th..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......r properties, and since the Bank and the Adalat proceeded against the petitioner before exhausting all the processes against the main borrower, the impugned orders of arrest as well as the refusal of bail should not sustain in the eye of law……………(6) Lawyers In..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....ing of section 26 of the Act serves to provide an indication of invoking relevant provisions of the Code.............(19) For ex-parte proceedings maturing under section 10 there remains no scope under the scheme of the Ain for the section 19 provisions for ex-parte hearing to equal&s......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....h order". (Underlines supplied to give emphasis) 11. The words used in the above section are very much important for the purpose of interpretation of the same and to determine the scope of the said special appellate jurisdiction of the High Court Division. While interpreting thos......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
....ions Case No. 604 of 2009 but remained in abscondance at the trial, therefore, the judgments were passed in absentia. Thereafter, the opposite-party No. 2 could neither be apprehend nor there was any scope for realization of fine as such the petitioner through government invoked section 38...... for one year under section 138 of the Negotiable Instrument Act with a fine of Taka 50+50= 1,00,00,000 (one) crore in Sessions Case No. 604 of 2009 the opposite-party No.2 obtained bail during pendency of the Sessions Case No. 604 of 2009 but remained in abscondance at the tr..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ...... of the appeal or transfer it to the court of an Additional Sessions Judge for its disposal. The appeal is allowed. The appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (A..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
.... State of Sikkim; source: cbi.nic.in/dop/judgments/sanc-tion.pdf,and Municipal Corporation of Visakha-patnam Vs.The State of AP source: indiankanoon. org/doc/410926. 39. At this stage we have no scope to settle the issue whether the Government has given the sanction mechanically or without appr......ng the said application rejecting same framed charge against the accused-petitioner under sections 8/9/13 of the Santrash Birodhi Ain, 2009. 8. In the meantime the accused-petitioner has granted bail by this Division and he is still on bail. Thereafter, the accused-petitioner by filing an ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ...... is hereby directed to starrender before the concerned court below within a period of 30(thirty) days from the date of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
.... and also cross-examination of the investigating officer and other prosecution witnesses. 19. Considering these facts and circumstances attending the occurrence we find no scope to interfere with the concurrent decisions of the High Court Division as well as the decision...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....s the part of the statute and accordingly when a specified form has been prescribed in the statute for particular purpose to accord sanction for prosecution the sanctioning authority has no scope to assign any reason for its satisfaction beyond the said format given in the form, quoted abo......2007 are discharged. 24. The order of stay issued at the time of issuance of the Rule of all those Writ Petition is hereby vacated. 25. However, since all these accused-persons were granted bail at the time of issuance of the Rules they directed to surrender before the Court below within 3..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
....in respect of the suit premises. The learned Advocate lastly submits that the plaintiff to the suit if the further & better statement is accepted has nothing to lose rather he has sufficient scope to controvert the pleadings of the defendant by adducing oral and documentary evidence (if any...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....ot create any right in their favour to be absorbed in the revenue budget of the DCC. He further submits that DCC being guided under the Ordinance of 2008, now under the Act of 2009 and there being no scope for DCC to absorb any employee beyond their organogram, the High Court Division erred in law i......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......ections 409/418/109 of the Penal Code and section 5 (2) of the Prevention of Corruption Act. 1947. 12. Thereafter, the accused-petitioners appeared before the learned Special Judge and obtained bail on different dates. Next, the case record was transmitted to the Court of Divisional Special Ju..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....ken. So, there were legal obligations under Clause 2.2 of the tender schedule that after expiry of 30 days a decision has to be given as to the identity of the successful bidder and there was no scope for cancellation of the tender process. In other words, Clause 2.2 pre-supposes that upon expi......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..Category: Others | Date: 14 Feb, 2013 | Hits: 10
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