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Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ...... being the position it would be said that the petitioners at the time of issuance of the Rule by the single Bench have surrendered before the Hon'ble Court and that again the petitioners appeared for bail when the bail was allowed by this Court. The peti­tioner did surrender in this Court and the p..

Category: Criminal Law | Date: | Hits: 95

Basiran Bewa Vs. State, 2004, 33 CLC (HCD)

....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ...... Judge took cognizance of the offence against the petitioner recording that he was so directed by the learned Sessions Judge. The petitioner then surrendered before the Magistrate and was released on bail. Thereafter she filed this application under section 561A of the Code of Criminal Procedure for..

Category: Criminal Law | Date: | Hits: 81

Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)

....inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......ion submitted charge sheet on 21‑7‑2002 under sections 409/420/109 of the Penal Code read with section 5(2) of the Anti Corruption Act, 1947. The petitioner appeared before the Court and obtained bail from the Chief Metropolitan Magistrate. Thereafter the petitioner moved this application and ob..

Category: Criminal Law | Date: | Hits: 93

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

.... complainant who had 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......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..

Category: Criminal Law | Date: | Hits: 76

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....Article 58D of the Constitution a Non Party Care taker Government can not take and make any such major policy decision by evading Parliament. Such type of enactment has never been promulgated to give scope to exonerate the offenders. 27. Mr. Nawaz further submits that impugned Ordinance has been ......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..

Category: Constitutional Law | Date: | Hits: 264

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....Wadud Bhuiyan, learned senior Advocate, on the other hand, submitted that as none of the issues raised in the present suit was ever adjudicated and finally decided in the earlier suit so there was no scope for application of constructive res judicata. 16. In support, he cited Venkataratnama and o...... such tricky controversy lies in the understanding of legal effect of hypothecation. 40. Hypothecation is a variant of the system of pledge. Pledge is defined by section 172 of the Contract Act as bailment of goods as security for payment of a debt or performance of a promise. The Civil law recog..

Category: Civil Law | Date: | Hits: 92

Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)

....7. The learned Assistant Judge by order No. 14 dated 30‑5‑2001 was pleased to reject the said application holding that on 29‑4‑2001 an application with same prayer being rejected, there is no scope for entertaining the present application. Against the said order the plaintiff petitioners obt......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ..

Category: Civil Law | Date: | Hits: 75

Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)

....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ...... this Court under section 561 A of the Code of Criminal Procedure for quashment of CR Case No. 31 of 2000 and obtained the Rule where the further proceeding of the said case was stayed and ad interim bail was granted. 4. Mr. Nirmalendu Deb, the learned advocate for the petitioners has submitted t..

Category: Criminal Law | Date: | Hits: 94

Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)

....o.3 noted that on 19‑7‑99, 19‑8‑99 and 21‑10‑99 no meeting could be held for want of quorum. So, when there were no meetings held on 19‑7‑99, 19‑8‑99 and 21‑10‑99 there was no scope for assumption of the consequence under clause (f) of sub‑section (1) of section 108 of the ......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..

Category: Company Law | Date: | Hits: 232

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

....ly maintainable. The teamed Advocate has taken us through the relevant provisions of the Co‑operative Societies Ordinance, 1984 and the Co-operative Societies Act, 2001 and submits that there is no scope for entertaining any first information report or complaint against any member of the Co‑oper......is liable to be quashed. We find merit in this Rule. 14. In the result, the Rule is made absolute. The proceeding in GR Case No.399 of 2003 is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case..

Category: Criminal Law | Date: | Hits: 89

Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)

....r to get rid of an order of dismissal of a suit by an ex parte decree or dismissal of a proceeding by an ex parte order. It is not therefore, the intention of the law making authority to limit the scope of a party to file an appeal only against an ex parte order passed under section 96 of the Sta...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ..

Category: Property Law | Date: | Hits: 52

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

....s a winding up order in the facts and circumstances of the case as the Court is invested with the inherent power to do justice. Mr. Nabi then most emphatically submits that in order to appreciate the scope of the section and the power of the Court to pass an order of winding up the sub‑sections (v......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..

Category: Employment/Service Law | Date: | Hits: 144

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....fer to gross pension and that if any government servant receives gratuity by surrendering full or any part of his pension, it is to be considered that he is still drawing pension and that there is no scope to argue that he is not getting pension as he had surrendered whole pension much earlier and r......already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ..

Category: Employment/Service Law | Date: | Hits: 99

Daulatpur Ice Cold Storage Ltd. and another Vs. Chairman, Power Development Board and others, 1999, 28 CLC (HCD)

.... Chief Engineer, while disposing of the appeal on scrutiny of the papers and materials on record, observed that there is similarity between the 1st and 3rd Enquiry report but it appears that there is scope of expressing doubt about the second enquiry report which is grossly inflated and was unreason......ge at time of moving this petition. However, the petitioner No.2 along with 3 others voluntarily surrendered before the learned Magistrate, Power Development Board, Khulna Zone, Khulna and prayed for bail. But their bail was rejected and the learned Magistrate ultimately, found that the petitioner h..

Category: Others | Date: | Hits: 135

Dada Engineering Ltd. Vs. Commissioner, Customs Excise and VAT Commissionerate and other, 2010, 39 CLC (HCD)

....n for Leave to Appeal No.1587 of 2002. 8. He submits that the said ad-interim order is only applicable in case of Gameon Ltd. who is the respondent in the said leave petition and hence there is no scope to direct a general application of the said order unless the Civil Appeal has been disposed of...... "In series of cases this Court laid down a general principle that in appeals involving short sentences the High Court Division should dis­pose of the appeals expeditiously or release the persons on bail. These decisions declaring laws on bail is part of law of the land and should be read into a..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)

....unal was fully justified in convicting and sentencing the accused­ appellant on a charge of rape of a minor unmarried girl on the basis of cogent and reliable evidence and, consequently, there is no scope to interfere with the impugned judgment by this Court. Point for determination The only ......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..

Category: Criminal Law | Date: | Hits: 94

Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)

....that he is still in service is maintainable. Since the decision reported in 7 BLC (AD) 1 is the latest decision on the point by our Appellate Division, I am bound by the said decision and there is no scope to hold otherwise. 17. It appears the plaintiff in reply to the show cause notice dated 6â€...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..

Category: Employment/Service Law | Date: | Hits: 122

Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)

....nly question that may arise following transfer of shares is the question of capital gain or loss, as to be treated under the provisions of the Income Tax Ordinance, 1984. ACC has no authority nor any scope to raise question to such transaction. 18. As to the allegation made against the accused pe......rs, the petitioner in the said case. Charges were framed against the petitioner under section 409 of Penal Code read with section 109 of Penal Code. The accused petitioner, having been enlarged on bail, has moved the petition under section 561A and obtained the instant rule. 9. Mr. Yousuf Hoss..

Category: Administrative Law | Date: | Hits: 173

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....h clause in Annexure 'G' dated 5-9-1999 which governs the appointment of contractual employees. In the absence of any such clause in Annexure-'G' to the Writ Petition, there does not appear to be any scope for absorption of the petitioners in the service of Biman as permanent employees. This cause 6...... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..

Category: Employment/Service Law | Date: | Hits: 145

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

.... lodging of the pres­ent case but without satisfactory and reasonable explanation of long delay in lodging the FIR creates ample doubt about the truthfulness of the FIR story and there is sufficient scope of fabrication in collu­sion with the Government of that day. 7. In course of his submissi......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ..

Category: Criminal Law | Date: | Hits: 126