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....ioners has not been able to show that the said findings are either shockingly perverse or the said findings are vitiated by mis-reading and non-reading of the material evidence on record, there is no scope for this Court exercising revisional power under section 115 of the Code of Civil Procedure to......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
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Category: Property Law | Date: | Hits: 78
....y Tashilder who is accountable to none and whose report has never been verified by any responsible officer of the Government. There being as yet no authenticated and published enemy property list the scope for manipulations is wide open till now to unscrupulous officials to include any new property ......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186...
Category: Property Law | Date: | Hits: 111
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....iminal Procedure and also held that the statement made in the G.D. Entry was false and fabricated and finally held that since the accused-petitioner was absconding and fugitive from law, there was no scope to entertain his applications under section 526 of Code of Criminal Procedure and having held ...... the allegation of demanding illegal subscription. 4. After investigation in all above cases, the police submitted charge sheet on different dates under different sections. The petitioner also got bail in the above cases. All the cases were transferred to the Court of Sessions, Mymensingh and ev..Category: Criminal Law | Date: | Hits: 80
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
.... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ......Division in Criminal Revision No.953 of 2011 rejecting the revisional application summarily thereby upholding the order dated 14.07.2011 passed by the Metropolitan Sessions Judge, Dhaka canceling the bail of the petitioner with a direction upon him to surrender before the Lower Court within 1 week i..Category: Criminal Law | Date: | Hits: 68
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
.... in examination in chief before the trial Court without complying with the provisions of Section 145 of the Evidence Act. 7. Leave was granted to consider the important question as to import and scope of section 145 of the Evidence Act in respect of a statement admitted under section 288 Cr.P.C......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..Category: Criminal Law | Date: | Hits: 107
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....) of section 439, it would appear that the remedy which has been kept open for, such person under sub-section (2) of section 439A has been denied to him by sub-section (4) of section 439. There is no scope for reconciling the provisions of these two sub-section of section 439 and 439A, as the confli......n is conferred by sections 435, 438 and 439. Under these sections the Session Judge and the District Magistrate could not themselves interfere except to suspend the execution of a sentence or grant bail but could only report to the High Court and the High Court may in its discretion exercise any o..Category: Others | Date: | Hits: 135
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....sed the view that the suit had abated in view of the provisions of both the sections, namely sections 86 and 87, as amended, the Appellate Division granted special leave to consider the meaning and scope of both the said two sections as amended by the relevant Presidential Orders. 12. For the p......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....st information report annexed with the application for quashment. 9. Before we proceed with the case we like to quote the provision of section 561A of the Code of Criminal Procedure to examine its scope which runs as follows: "561A. Nothing in this Code shall be deemed to limit or affect the i......aint it was recorded as Tejgaon Police Station Case No.48 dated 21-7-2007 under sections 406/408/409/420/34 of the Penal Code against the accused petitioners. The accused petitioners were enlarged on bail by this Court in Criminal Miscellaneous Case No.13056 of 2007. 5. The accused petitioners th..Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....om. It is asserted that sufficient materials were collected during investigation to initiate a criminal proceeding against the accused-petitioner, but those are not available here. There is, however, scope for the trial Court to examine those materials at the time of charge hearing. So, there is har...... Commission, an application under section 561A of the Code of Criminal Procedure was moved and this Rule was issued and stay passed as stated above. The accused-petitioner was also granted ad interim bail by the same Rule issuing order dated 14-8-2008. 5. Mr. AM Mahbub Uddin, the learned Advocate..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
.... appellate Court in his Judgment termed the gift deed executed by Kamrun Nahar on 25-11-2001 as security deed or as a shield against her husband. He also submits that in legal proceedings there is no scope or opportunity to do anything which is not permissible by law. The lower appellate Court while......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......e case on 3-6-2007, against the petitioner under section 138 of the NI Act. Thereafter the accused petitioner surrendered on 19-12-2007 before the learned Metropolitan Magistrate, Dhaka, and obtained bail. 4. The case was transmitted to the Court of learned Metropolitan Session Judge, Dhaka where..Category: Criminal Law | Date: | Hits: 86
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......pellants Md. Moazzem Hossain and Nurul Islam are found not guilty under section 395 of the Penal Code and they are acquitted from the charge levelled against them and discharged from their respective bail bond. The appellant Khalil @ Md. Khalilur Rahman is found guilty under section 395 of the Penal..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......and Atahar, Ishaque, Babu, Bellal and Abdul Karim alias Karim be set at liberty forthwith if not wanted in any other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (201..Category: Criminal Law | Date: | Hits: 66
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......ellant. Thereafter on 20‑3‑2003 charge was framed under section 3 of the Explosive Substance Act, 1908 by the Senior Special Tribunal against the accused appellant who was present in the Court on bail along with 7 other co-accused and fixed the case for trial on 9‑4‑2004 and by same order tr..Category: Criminal Law | Date: | Hits: 64
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
....ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ...... was sent to the Court of Magistrate wherein it was registered as MGR No. 17 of 2003 (Sadar) and they were placed under police remand. They were produced before the Court with a report and prayer for bail was rejected. The petitioner thereafter moved this application before this Court and obtained t..Category: Criminal Law | Date: | Hits: 70
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....ase to some other date for argument or could have pronounced judgment on the evidence on record as it was a case sent back for retrial by the appellate Court and under no circumstances, there was any scope for acquittal of the accused under section 247 CrPC by the Court. 14. Next decision, as has......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614...Category: Procedural Law | Date: | Hits: 73
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....agencies and assessment on the basis of their certificates.- (1) For the purposes of this Act, the Government may, in the prescribed manner. Appoint pre-shipment inspection agencies and determine the scope and manner of their certification and related matters. (2) The Government may, by notificat......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..Category: Fiscal/Taxation Law | Date: | Hits: 152
....ier application. The Artha Rin Adalat Ain, 2003 came into force on 1.5.2003 with special limitation of one year for filing the second execution case under section 28 (3) of the said Ain excluding the scope of applicability of the Limitation Act and the Civil Procedure Code. Section 60 of the said Ai...... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 107
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......used as the prosecution case was not proved against them. The appellant preferred the instant criminal appeal against the said judgment and order of conviction and sentence, and subsequently obtained bail from this Court. 6. Mr. Abu Taher Md. Saifur Rahman, learned Advocate appearing for the appe..Category: Criminal Law | Date: | Hits: 61
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....ference, unanimously decided that the accused persons were rightly convicted by the learned trial Judge under sections 302/34 of the Penal Code. 40. In the light of the earlier order regarding the scope and function of the third Judge, which has been reproduced above, and in view of the decision ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
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