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....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......lso, that all other grounds Annexure B to the writ petition are vague and unspecific and that the detenu has been discharged under 241A Cr.P.C. from Mongla PS Case No 10 dated 20‑2‑2004 and is on bail in Mongla PS Case No.5 dated 9‑10‑2003.
4. Mr. Md. Abdul Qadir Talukdar, the learned Ass..
Category: Criminal Law | Date: | Hits: 64
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
.... in the present case before us. The principle laid down was in the background of compulsory retirement of Government servant. The Court observed that there was no guideline and, as such, there was no scope of pick and choose but in the instant cases, as we have shown earlier that as the facts relate...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ..Category: Civil Law | Date: | Hits: 79
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
.... is present to oppose the Rule on the ground that charge‑sheet by itself constitutes prima facie evidence constituting the offence for proceeding further in the matter where this court has a little scope to interfere under section 561A of the Code of Criminal Procedure, 1898. 11. On perusal of ...... No. 25 of 1992 was transferred to Divisional Special Judge, Barisal and was renumbered as Special Case No. 29 of 1994 where the accused-petitioner Nos. 1‑3 voluntarily surrendered and were granted bail. But the accused Mollah Kamruzzaman has not yet surrendered to face the trial. 7. However, t..Category: Criminal Law | Date: | Hits: 85
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
....s elected to the Parliament his oath is to be administered by the Speaker in view of the provisions of Article 148 read with Third Schedule. The argument of Mr. Khan Saifur Rahman is that there is no scope of administering oath to himself by any member. In this connection he has referred to the prov...... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448...Category: Constitutional Law | Date: | Hits: 242
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....s members are not qualified. Lastly, the learned Counsel submitted that the petitioner is not an aggrieved body and thus the writ petition is not at all maintainable, and moreover, the company has no scope to interfere with the internal domestic management and affairs of the Trade Union by seeking r......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ..Category: Labour and Industrial Law | Date: | Hits: 158
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....fice, Kurigram and by the remaining amount he purchased some wood pieces for the said purpose of development work of the school and hence there was nothing due from him and accordingly there was no scope for any criminal breach of trust or misappropriation of the alleged money. Admittedly the tr......hs. The same is accordingly ordered. With the above modification of sentence only, the appeal is dismissed and the judgment of the Court below is upheld. The appellant is directed to surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent dow..Category: Criminal Law | Date: | Hits: 92
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
....ts which were produced it appears that no breakdown of machinery occurred and the temperature was normal during the period and the surveyors opined that the loss suffered by the insured falls outside scope of the policies and hence no such liabilities were attached to the policies. He has further ar......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ..Category: Company Law | Date: | Hits: 168
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....d may file an application under Article 102(2) of the Constitution. But it does not provide that a person should be personally aggrieved. If the Constitution provides personal aggrievement, then, the scope of Article 102 would be narrower. But in the instant case both Mr. Rafiq-ul Huq and Mr. Mainul...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..Category: Constitutional Law | Date: | Hits: 200
....89 of the Code as they did not make the statutory deposit. Moreover, the order of the executing Court having been confirmed by the High Court Division in Writ Petition No.3326 of 2007, there was no scope for the executing Court concerned to allow the subsequent application of the petitioners filed......lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
..
Category: Property Law | Date: | Hits: 48
Shatadal Mondal Vs. State, 2011, 40 CLC (HCD)
....erty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......tional Sessions Judge, Munshigonj in Special Tribunal Case No.56 of 2010 arising out of Sirajdikhan P.S. Case No.16 of 2010 dated 25.4.2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. The petitioner was brought to the trial under section 19A of the Arms A..Category: Criminal Law | Date: | Hits: 69
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ned Advocate on behalf of the respondent no. 5 the allottee terming the petitioner no. 1 as a busy body submits that the instant writ petition cannot be a public interest litigation in its nature and scope. Further, he submits nowhere within the four corners of the writ petition the said petitioner ......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ..Category: Property Law | Date: | Hits: 135
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
.... In the case of Kailash Chandra Nag and others Vs. Bejoy Chandra Nag and others, reported in AIR 1925, Calcutta at page 253 in a similar matter, where the grounds taken in review were not within the scope of Order 41 rule I of the CPC in the relevant portion of the judgment it was held thus: "Th......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232...Category: Procedural Law | Date: | Hits: 111
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
.... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ......ve of the opposite party No.1 and also hijacked the vessel from Fatulla Ghat. The police seized the vessel and arrested the accused persons. The Upazila Magistrate, Karaniganj enlarged the accused on bail. 3. Both the petitioner company and the opposite party No.1 moved the Magistrate for jimma o..Category: Civil Law | Date: | Hits: 97
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ...... section 302 Part 11 of the Penal Code has been awarded the maximum sentence of 10 (ten) years with fine. It appears from the records of the case that since his arrest on 11.1.1986 he was not granted bail even during the trial. After his conviction and sentence he has meanwhile undergone according t..Category: Criminal Law | Date: | Hits: 73
....formalities. The writ petition is liable to be dismissed.
4. The High Court Division upon hearing the parties observed:
"We hold the view that this sort of collection is undoubtedly beyond the scope of law and for alleged misappropriation of the so-called charge, the impugned order of termi......eparation of the Paper book is dispensed with as prayed for.
The order of stay granted earlier be extended till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 645. ..
Category: Employment/Service Law | Date: | Hits: 109
Md. Obaedur Rahman Vs. Md. Amirul Islam and others, 2011, 40 CLC (AD)
....petitioner, has mainly submitted that the High Court Division in making the rule absolute did not take into consideration at all the facts that after submission of the resignation letter there was no scope for withdrawing the same as per Tangail Palli Bidyut Samity Service Code, 1992 and that the wr......ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ..Category: Employment/Service Law | Date: | Hits: 53
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......rected against two orders dated 12.11.89 and 2.4.1990 respectively passed by the Special Tribunal for Prevention of Smuggling, Sylhet in Special Tribunal Case No.107 of 1988 rejecting the prayers for bail of the accused‑appellants. The appeals being of the same nature and having arisen out of the ..Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......91 passed by the learned Sessions Judge, Lakshmipur, in Criminal Misc. Case No. 142 of 1991 arising out of Ramgati Police Station Case No.1 dated 7.5.91 and No.2 dated 8.5.86 rejecting the prayer for bail. 2. Fact of the case is rather a checkered one and it need be stated in some details. In the..Category: Criminal Law | Date: | Hits: 85
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....ued that such a matter regarding declaration of maritime claim is maintainable before this Admiralty Court, but after the repeal of Letters Patent vide Law Reforms Ordinance of 1978, Mr. Yusuf has no scope to argue that under clause 26 of the Charter of 1774 this Court has jurisdiction to entertain ......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....Kochi @ Jishan & ors. Vs. The State, reported in 8 BLD, 412 that since the weapon is recovered at the instance of the accused and brought out by him and made over to the police by him there is no scope for search and as such there is no question of application of the procedure of search provided......der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ..Category: Criminal Law | Date: | Hits: 85
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