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Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....al at 3-00 AM. The informant naturally was attending his wife in the hospital till her death and after her death, at the earliest opportunity, the First Information Report was lodged and there was no scope of giving a false or concocted story in the First Information Report except the actual occurre......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317...Category: Criminal Law | Date: | Hits: 54
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......sued at the instance of the 7 named accused of Banaripara Police Station Case No.3/21 dated 16-4-98 calling upon the opposite party to show cause as to why they should not be enlarged on anticipatory bail in GR Case No.21 of 1998 pending in the Court of the Magistrate, 1st Class, Barisal. 2. Rule..Category: Criminal Law | Date: | Hits: 84
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....dvocate appearing for the defendant opposite parties, on the other hand, submits that in view of the fact that there is no formal defect in the suit and the suit was disposed of on merit, there is no scope for withdrawal of the Suit and, as such, the learned District Judge was perfectly justified in......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...Category: Procedural Law | Date: | Hits: 91
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
.... the Code of Civil Procedure and the same has occasioned failure of justice. The learned Advocate further submits that the learned Subordinate Judge also erred in law in not properly appreciating the scope of section 151 of the Code of Civil Procedure and in asking the petitioners to initiate indepe......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..Category: Civil Law | Date: | Hits: 66
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
....tion and the grandfather of the petitioner was merely a Khadem of Mazar and petitioner as well as his father had been ad-interim Mutawalli. In view of the same we are of the opinion that there was no scope of application of the provision of sub-section (1) of section 32 of the Waqf Ordinance for rem......, is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479...Category: Trust/Waqf Law | Date: | Hits: 142
Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)
....monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ...... the detenu for breaking and trampling the photograph of the Prime Minister is serious. But for this there is a specific criminal case against the detenu in which he has been enlarged on anticipatory bail by another Bench of this court. 9. The learned Advocate for the petitioner submits that the ..Category: Criminal Law | Date: | Hits: 69
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....tary of the Ministry of Law, Justice and Parliamentary Affairs vide memo No. অম/অবি/(বাস্ত-৫)/বিবিধ-৭/৯৬-২০০৯/৫৩ dated 12.03.2009 that there was no scope of re-fixing the pay scale of the Jamadar of the Appellate Division and High Court Division a......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572...Category: Employment/Service Law | Date: | Hits: 86
Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)
....nterpreted sub-section (2) of section 40 of the Industrial Relations Ordinance which was not the prayer of respondent No.2. He further submitted that application of the respondent No.2 was beyond the scope of section 50 of the Industrial Relations Ordinance. He further submitted that respondent No.2......he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284...Category: Labour and Industrial Law | Date: | Hits: 168
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
.... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......quitted of the charge under section 447 of the Penal Code but their conviction and sentence under sections 379 and 427 of the Penal Code is maintained. The accused petitioners who are currently on bail, are directed to surrender to their bail bonds immediately to serve out the sentences imposed o..Category: Criminal Law | Date: | Hits: 73
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
.... the order of acquittal of the accused. As the State did not prefer any appeal informant was compelled to file the revisional application upon which this Rule was issued. We have already noticed that scope of a revision against an order of acquittal is very limited in view of the provision of sub-se......4. We have also noticed that due to the failure of the police to produce prosecution witnesses in spite of issuance of processes from the court not only trials are delayed but the accused are getting bail tinder the provisions of section 339C of the Code of Criminal Procedure even in heinous crimes ..Category: Criminal Law | Date: | Hits: 64
Abdul Karim Vs. Gousddin and others, 1998, 27 CLC (HCD)
....a legis.” As soon as the disputed property is attached it comes under the custody of the Court and on behalf of the Court the receiver appointed by the Court only manages such property. There is no scope for the receiver to say that the second-party dispossessed him from the attached disputed prop......gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259...Category: Criminal Law | Date: | Hits: 65
State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)
....iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257....... why his name should not be referred to the Bangladesh Bar Council for taking disciplinary action against him for committing the following misconduct: “In course of disposal of the applications for bail of the appellant-petitioners in Criminal Appeal No.13 of 1989 and Criminal Appeal No.94 of 1987..Category: Criminal Law | Date: | Hits: 92
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
....s taken to the place of occurrence and without hesitation he immediately brought out the revolver and two live bullets from the place of occurrence and made over the same to the informant there is no scope for holding that he had no conscious possession or effective or actual control over the same a......ith the impugned judgment. In the result, the appeal is dismissed and conviction and sentence under the impugned judgment is upheld. The appellant Abul Basar Shaikh is directed to surrender to his bail bond forthwith. Deputy Commissioner Shariatpur is directed to issue warrant for his arrest if h..Category: Criminal Law | Date: | Hits: 73
State Vs. Tota Mia, 1997, 16 CLC (HCD)
....their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......e set at liberty forthwith, if not wanted in any other case. Appellants (2) Moshiuzzaman alias Kazi Farhad, (4) Forhad and (9) Munsurur Rahman alias Raju Chairman are discharged from their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand ..Category: Criminal Law | Date: | Hits: 74
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
.... a measure of abundant caution. In other words, section 6 is the master ouster provision, section 7 is an exception to that ouster. The exception cannot render the ouster provision nugatory. There is scope for argument that if both appellate and revisional interlocutory orders of an Artha Rin Adalat......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ..Category: Administrative Law | Date: | Hits: 200
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....Civil Appeal No. 31 of 1981 which has been reported in BCR 1983 (AD) 46 [Md. Kashem Vs. GoB] having accepted the plaintiff as a 'lessee' and the 'allotment' dated 10‑4‑1974 as a lease there is no scope to decide otherwise by this court. In support of his contention he referred to Article 11 of t......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......juvenile offenders. The character and the age of the child and the circumstances in which the child is living are to be considered. Sections 48 and 49 provide that when a child is arrested in a non‑bailable offence and cannot be brought forthwith before the Court, the Officer‑in‑Charge of the ..Category: Criminal Law | Date: | Hits: 97
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......t aside and the case is sent back to the Drug Court at Dhaka for taking fresh cognizance if there are materials in that and then to proceed with the trial of the appellants. The appellants who are on bail shall continue to remain on previous bail till the disposal of the case by the Drug Court. The ..Category: Criminal Law | Date: | Hits: 60
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....ould be transferred to an unfavourable station falls to the ground with the admission of P.W.6 and Ext. 6. So, when the very basis of acceptance of gratification has no leg to stand upon where is the scope for this acceptance of Tk. 1,000.00 by the appellant as illegal gratification? This recovery o......f conviction and sentence passed against the appellant is hereby set aside. The appellant is found not guilty of the charge levelled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported ..Category: Criminal Law | Date: | Hits: 90
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
..... For that the word "Good" cannot include a container as because a container is not part of goods but used as a box for packing certain types of goods and therefore if would remain outside the scope of Section 3(2)(J) of the Admiralty Court Act. IV. For that the High Court Division failed ......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
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