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Ekhlasur Rahman Vs. State, 2011, 40 CLC (HCD)

....ion report of the case, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ion report of the case, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 61

Abdul Ohid Vs. State, 2011, 40 CLC (HCD)

....to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 64

Bellishar Mohini Mohan High School and others Vs. Professor Mohammad Khurshid Miah and another, 1999, 28 CLC (HCD)

.... in the order dated 13-7-1995 passed by learned Assistant Judge. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 614.......said lands of 0.75 acres remained undivided with the rest 1.29 acres and the inhabitants of the locality continued to enjoy the entire lands of 2.04 acres as usual for holding their various games and functions, that in due course the said lands were included in the list of the vested properties, tha..

Category: Civil Law | Date: | Hits: 94

Md. Abdus Samad alias Kalu and others Vs. State, 2010, 39 CLC (HCD)

....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 58

Md. Abdur Rouf alias Lengra Rouf Vs. State, 2011, 40 CLC (HCD)

.... so called incident and he has simply been arrested on mere suspicious and he is in custody since 14.6.2010, and till now since the trial has not been started and the case is remained in the court of judicial Magistrate and the trial is uncertain , in that view of the matter he prays for bail of the...... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 43

Md. Raju Sheikh Vs. State, 2011, 40 CLC (HCD)

....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 56

Md. Tota Miah @ Tota Vs. State, 2011, 40 CLC (HCD)

.... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 76

Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)

.... protect the same either under the provision of section 53A of the Transfer of Property Act or under the provision of Specific Relief Act. 35. It appears that the trial judge without applying his judicial mind upon simple surmises and conjecture reversed the judgment and decree passed by the tri...... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 62

Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)

.... that unless the order of discharge is set aside by a superior court, such order of discharge operates as a bar to fresh investigation by the police into the case and that the order of discharge is a judicial order. The High Court Division did not accept the contention made by accused and refused to......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ..

Category: Criminal Law | Date: | Hits: 56

Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)

....orded some reasons as to why this report should not be relied upon or believed. It appears to us that the learned Magistrate actually did not consider the record at all. Inquiry report is part of the judicial record and one of the pieces of the document of the prosecution. A decision regarding frami...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..

Category: Criminal Law | Date: | Hits: 67

Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)

....it reaches its finali­ty, either in his exoneration from charges or on imposing a penalty upon him. IV. Whether rule 3 (d) of the High Court Division Rules requires that the decision to suspend a judicial officer and the initiation of a disciplinary proceeding and its continuation, against him r...... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ..

Category: Employment/Service Law | Date: | Hits: 73

Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)

....demned prisoners by PW 1 and PW 3 in the Test Identification Parade cannot be accepted in the facts and circumstances and on the basis of evidences on record. In this connection we shall have to take judicial notice of some of the relevant depositions of PW 1, PW 2, PW 7 and PW 8 and analyse their a...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..

Category: Criminal Law | Date: | Hits: 91

Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)

....passed the impugned order on irrelevant grounds. In view of the above legal position there is no valid ground for transferring the suit and moreover, the learned District Judge also did not apply his judicial mind in passing the impugned order. In the instant case, the contention of the opposite par...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ..

Category: Civil Law | Date: | Hits: 92

State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

....n for money. 44. PW 9, in cross-examination stated that the seizure list by which 'Batali' was seized is the photo copy of the original. He denied that co-accused Humayun (since dead) in his extra judicial confession did not implicate any of the condemned prisoners. 45. PW 10, Ahmed Shafi Chow...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..

Category: Criminal Law | Date: | Hits: 70

Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)

....The appellate Court acted illegality in failing to consider the Exhibit Nos. A and Al and other documents filed by the contesting defendants and thus the learned Appellate Court, without applying his judicial mind, arrived at an erroneous decision on misreading and misconstruing the material evidenc......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ..

Category: Property Law | Date: | Hits: 70

Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......h Registrar of the said Union purely on temporary basis. The said appointment was challenged by the Nikah Registrar Monowar Hossain in Writ Petition No. 2108/98 upon which the Rule was issued and the functions of the petitioner as Nikah Registrar was stayed but the petitioner violating the stay orde..

Category: Employment/Service Law | Date: | Hits: 81

Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)

....n of mind. Even in ex parte disposal, a Court is not absolved of statutory obligation of writing a lawful judgment as required under rule 4(2) of Order XX of the Code of Civil Procedure. Discharge of judicial function in such slipshod and perfunctory manner was time and again deprecated but with lit......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..

Category: Business or Commercial Law | Date: | Hits: 289

Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)

....rcumstances of the present case document to be relied on or on the basis of which the title of the defendants as claimed could not be estab­lished but the High Court Division with­out applying it's judicial mind came to an erroneous finding. In addition, Mr. Islam submitted that in the absence of ......the above, we find no sub­stance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ..

Category: Property Law | Date: | Hits: 74

Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....ure the crews were convicted on admission of truth of the accusation under section 22 of the Ordinance 1983. On perusal of the impugned order, it appears that the learned Magistrate did not apply his judicial mind in passing the impugned judgment and order so far as it relates to the forfeiture of t......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 221

Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)

.... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......has been doing the business in accordance with law and without violating the terms and conditions of the licence. The respondents, being public servants, are discharging various duties and performing functions in connection with the affairs of the Republic. In the year 1951 the then government frame..

Category: Environmental Law | Date: | Hits: 551