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Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
.... us about the allegations if any made against the petitioners he failed to produce such record before us. Only the Annexure-2 to the Affidavits-in-opposition opposite was placed from which we find no scope to agree with the impugned orders, we have already find that the impugned orders have got no n......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169...Category: Employment/Service Law | Date: | Hits: 47
....trine cannot be invoked for preventing the Government from acting in discharge of his duty under the law. The Government would not be bound by the acts of it§ officers and agents, who act beyond the scope of their authority. A person dealing as an agent of the Government must be held to have notice......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
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Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....taken away the victim the previous evening it will be most unreasonable to think that none but the two accuseds had called and taken away the victim. At least such a conclusion is not only beyond the scope but also absolutely unsafe to stretch the imagination so far." 32. In the case of Abdul Azi......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...Category: Criminal Law | Date: | Hits: 76
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....t the learned District Judge, considering the facts, circumstances and evidence on record allowed the appeal reversing the judgment and decree of the learned Assistant Judge and, as such, there is no scope to interfere in the impugned judgment and decree of the learned District Judge. 11. The l......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....ul Haque, the Magistrate, who recorded the confessional statement of accused-Ashraf Ali under section 164 of the Code of Criminal Procedure, proved the statement as true and voluntary and there is no scope to disbelieve P.W 17. He further submits that judicial confessional statement, made by Ashraf ...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....roceeding cannot be quashed under section 561A of the Code of Criminal Procedure before taking cognizance and it is a settled principle of law that when an offence is disclosed in the FIR there is no scope to avoid determination of the allegation disclosed in the FIR after taking evidence. Hence, th...... 2-7 were arrested and the recovered alamots were deposited in Bangladesh Bank, Chittagong. The principal accused Sree Krisna Nath surrendered before the High Court Division and obtained anticipatory bail. He also submitted an application for return of the seized ornaments and money as well as other..Category: Criminal Law | Date: | Hits: 83
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
.... of birth as 08.04.1952 shown in the affidavit. The General Manager sent it to the C.P.O., West, Rajshahi for proper action but the C.P.O. informed the General Manager on 25.06.2002 that there was no scope for correcting the date of birth against which, the petitioner filed the A.T. Case No.33 of 20......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..Category: Administrative Law | Date: | Hits: 196
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....y matter of public nature but it is not a conclusive proof of the fact it states. The judgment, Exhibit-(M-2) is not covered by any of these three sections of the Evidence Act. Let us now examine the scope of section 43 of the Evidence Act as quoted below: “43. Judgments, etc., other than thos......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....Then after long gap the instant application was filed with the sole object to re-instate her as Managing Director of the Company and accordingly, the impugned notice was issued. So, we do not see any scope of calling upon the Company or its officers to furnish information, explanation, books, docume......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ...... charge leveled against them. 27. The order passed for confiscation of Tk. 2, 40, 00,000/- of the appellants is also hereby set-aside. Let the appellants be discharged „ from their respective bail bonds. Send down the L.C. records along with a copy of this Judgment and order to the Court ..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....therefore I cannot agree that this Rule is of universal application. In this view of the matter I am also inclined to agree with the High Court, that in the cause of action properly coming within the scope of the Criminal Law Amendment Act 1908 the rule of audi alteram partem would not be applicable....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....ction 9(1) of the Act of 1973. Therefore unless there are any proceedings in existence before the Tribunal, no question of quashing the same arises at all. 43. The Supreme Court has considered the scope of section 561A of the Code of Criminal Procedure in two cases reported in 26 DLR (SC) 17 and ......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ic purpose. In this regard Mustafa Kamal, J had this to say in paragraph 17 at page 10 thus: "When the Government acquires land for its own purpose or for the purpose of a statutory body, then the scope of enquiry into public purpose is limited. Co-operative ownership, however, is not state own...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... will be most unreasonable to think that none but the two accuseds abetted the murder which took place so many hours after the taking away of the victim. At least such a conclusion is not only out of scope but also absolutely unsafe to stretch the imagination so far. During about 20 hours which elap......od of one year. Being aggrieved by the impugned order of their conviction and sentence those six accused persons preferred Criminal Appeal No.1310 of 1990 and Criminal Revision No.1252(R) of 1992 for bail. 2. The reference, the Appeal and the Revision have been heard together and this judgment wo..Category: Criminal Law | Date: | Hits: 91
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......on police submitted charge sheet on 28th May, 2010 against 3 accused persons including the respondent under sections 3/4 of the Explosive Substances Act. 4. The respondent moved an application for bail before the Metropolitan Sessions Judge, Dhaka, who by his order dated 19th April, 2010 rejected..Category: Criminal Law | Date: | Hits: 98
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....…………… (iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decision on matters beyond the scope of the submission to arbitration;” 7. As evident from the Application itself, and duly pr......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..Category: Alternative Dispute Resolution | Date: | Hits: 172
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....519 (V 51 C 176) has argued that Section 242 creates a fiction as to when a Company can be deemed to be unable to pay its debts. He submits that in circumstances where a case clearly falls within the scope of such a fiction winding up proceedings shall necessarily ensue without further consideration......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..Category: Company Law | Date: | Hits: 203
Pradip Kumar Malakar Vs. Birendra Chandra Malakar and others, 1993, 22 CLC (HCD)
...., submits that the order is misconceived upon an application filed after remand of the suit by the lower appellate Court in as much as the trial Court having had already decreed the suit there was no scope to withdraw the suit in that the trial court became functus officio. The trial Court upon an a......trial Court set aside the order impugned. 3. In the result, the Rule is made absolute. I accord no costs as the Rule is not opposed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 422...Category: Procedural Law | Date: | Hits: 72
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......nt is delivered and it says that the judgment in any trial shall be pronounced "immediately after the termination of the trial" or at subsequent time. Section 497(4) of the same Code which relates to bail in non‑bailable offences provides that "at any time after the conclusion of the trial of a pe..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
.... dismissal of complaint against remaining 8 accused persons, taking cognizance himself against them and directing the Magistrate to take cognizance against the remaining accused persons is beyond the scope of section 436 of the Code of Criminal Procedure." 14. In the case reported in 40 DLR 509 i......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..Category: Criminal Law | Date: | Hits: 89
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