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Abdur Razzaque Vs. Bangladesh Agricultural Development Corporation and others, 1991, 20 CLC (HCD)
.....86 informed the petitioner that the General Manager (Supply) BADC Dhaka respondent No.2 communicated vide Memo dated 18.5.86 that the dismissal order of the petitioner would subsist and there was no scope to reinstate him until his dismissal order was not set aside by the civil Court. The said impu...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ..Category: Employment/Service Law | Date: | Hits: 67
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ...... of section 339C of the Code of Criminal Procedure by virtue of Act 12/92 to the effect that if a trial cannot be concluded within the specified time the accused in the case if he is accused of non‑bailable offence may be released on bail to the satisfaction of the Court unless for reasons to be r..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ...... sections 500/501 of the Penal Code against the accused petitioner only as stated above and issued a summons against him. The accused petitioner then appeared before the Court on 31.8.85 and obtained bail therefrom. The City Metropolitan Magistrate thereafter sent the case records to Mr. Momtazuddin..Category: Criminal Law | Date: | Hits: 98
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593....... the Penal Code and was further shown arrested in Sutrapur PS case No.21(9)91 under sections 364/302/109/34 of the Penal Code on 7.9.91 and since then has been in jail custody. 4. Applications for bail in the aforesaid Kotwali and Sutrapur PS Cases were filed in the Court of the Sessions Judge, D..Category: Criminal Law | Date: | Hits: 87
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....ps and as such the order does not come within the purview of rule 17 or 18 of the Order 41 CPC. It is further submitted that as the order of the learned lower appellate Court does not come within the scope of rule 18 of the Order 41, the petition for restoration is liable to be treated as one under ......desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ..Category: Family Law | Date: | Hits: 318
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......r under sections 461/381 are hereby set aside and the convict, petitioner is acquitted from the charges leveled against him in this case. Accordingly, the convict petitioner 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: 62
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ...... upon the land of informant. 56. We are informed that the appellant Mansur Fakir has been in custody since 10‑6‑1991 i.e. the date of judgment. Appellant Khaleque and Mannan Fakir were granted bail by an order dated 4‑6‑1997 and appellant Megu Fakir was admitted to bail by order dated 17..Category: Criminal Law | Date: | Hits: 60
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....equested the writ respondent No.2 to extend the time up to 31st December, 1991 for depositing the said compensation money. Against the said letter the writ respondent No.3 intimated that there was no scope to extend the time under the said Ordinance. Thereafter Rabitat deposited Tk.1, 00, 000/-(Taka...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ..Category: Property Law | Date: | Hits: 93
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....n such facts and circumstances of the case, it can not be said that the appellant was not aware about the case as he appeared before the Court and obtained bail in the case. Accordingly, we find no scope to go through the evidence on record. In such circumstances, the question of making gazette ......charge sheet and then two supplementary charge sheets were submitted and thereafter the case was sent back to the learned Divisional Special Judge, Chittagong. 4. The appellant being enlarged on bail subsequently absconded and as such the case was tried in his absence. The case being tried by t..Category: Criminal Law | Date: | Hits: 89
Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
.... quantum of land intended to be purchased by him as .68 acres of land but the executing Court, by order dated 8.2.2007, rejected the above application of the respondent No.4 holding that there was no scope for amendment of the tender at that stage and accordingly there is nothing wrong or illegality......ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ..Category: Civil Law | Date: | Hits: 89
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
.... compelled to make the writ petition without availing a petition under section 561A of the Code of Criminal Procedure is devoid of substance. The High Court Division also noticed that there is no scope for application of provisions of Emergency Power's Rules in the trial of the case. The High Co......ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ..Category: Anti-Corruption Laws | Date: | Hits: 214
Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....ppertained to raiyati khatian and situated in the rural area it cannot be treated as non-agricultural land, the pre-emption case under Section 96 of the Act was maintainable. 5. We do not find any scope to re-examine the whole evidence to find out whether the land in question is non-Agricultural ......use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ..Category: Property Law | Date: | Hits: 76
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....les ‘ঘ’, ‘ছ’, ‘জ’, ‘ঝ-১’, ও ‘ঝ-২’, properties prepared by the Commissioner was not in accordance with the rules and norms of equitable partition and not within the scope of the preliminary decree and writ of partition. 5. It appears from the record that the lea......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ..Category: Property Law | Date: | Hits: 93
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....tated that after receiving the injuries, when Biplob was taking into the hospital he disclosed before them that the present condemned prisoners assaulted him by various deadly weapons and there is no scope to disbelieve the dying declaration of victim Biplob and conviction and sentence can be made s......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ..Category: Criminal Law | Date: | Hits: 76
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......tencing to suffer imprisonment for life under each of section 19 A and 19 (f) and both the sentences will run concurrently. 8. The convict appellant being aggrieved preferred the appeal. But after bail though the matter was fixed for hearing and appearing in the list since several weeks with the ..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......tation Case No. 89 dated 30.09.2007, corresponding to A.C.C. G.R. No. 110 of 2007, now pending in the Court of Special Judge, Court No. 7, Dhaka is hereby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This ..Category: Criminal Law | Date: | Hits: 111
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....rd the form and treat them as one law and strike it down, if in their conjunction they result in discrimination". 23. The above decisions are not exactly on the point at issue nor it is within the scope of the Rule for us to determine the point raised challenging the validity or otherwise of the ......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..Category: Criminal Law | Date: | Hits: 286
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
.... Before we take up the question for consideration as to whether the impugned judgment and order of conviction and sentence should be quashed or not, it will be necessary to see the extent of power, scope, principles and categories of cases in which High Court Division may invoke its power and auth...... after delivery of the judgment on 12.4.2010. The convict petitioners, namely, Sajal alias Md. Sujan Meah and Siraj alias Siraj Meah were arrested by the police on 12.7.2003 and they were enlarged on bail by this Court on 18.1 1.2003. After enlarging on bail, the convict-petitioner, namely, Sajal al..Category: Criminal Law | Date: | Hits: 86
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......respondent was arrested on 10.12.2008 and was serving the period of sentence. 7. The convict-respondent then filed Criminal Miscellaneous Case No.422 of 2009 in the High Court Division praying for bail under section 561A of the Code of Criminal Procedure upon challenging the judgment and order of..Category: Criminal Law | Date: | Hits: 67