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State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
....bove fact is a mitigating circumstance and, as such, her death sentence should be commuted to one for imprisonment for life. 52. On the premises of the discussion made above and reasons canvassed, orders are as follows: 1. Death Reference No. 4 of 2000 is accepted so far as it relates to convi..Category: Criminal Law | Date: | Hits: 84
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....death before a proper court. The proper procedure in the facts of the given case, is to remand the case to the Court of Magistrate having power to take cognisance of the offence for passing necessary orders on perusal of the police report and other materials on record and if he finds a prima facie c..Category: Criminal Law | Date: | Hits: 43
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
.... any proceeding or any order passed by the Chief Metropolitan Magistrate. Pointing out and placing section 561A Cr.P.C. he has submitted that this Court by exercising the inherent power can make such orders as may be necessary to prevent abuse of the process of any Court. He has frankly admitted tha..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....parties to show cause why the detenus Liakat Sikder and Md. Rafiqul Islam Kotwal should not be brought before this Court to be dealt with in accordance with law or pass such other or further order or orders as to this Court may seem fit and proper. 2. It is stated in the petitions that the detenu..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
....to show cause as to why the impugned order dated 11‑3‑1999 passed by the Election Tribunal, Gaibandha Sadar in Election Case No.3 of 1998 should not be set aside or such other or further order or orders passed as to this court may seem fit and proper. 2. The opposite party No.1 instituted..Category: Election Law | Date: | Hits: 79
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....6‑7‑2003. From the copy of order sheet of Nari‑o‑Shishu case No. 639 of 2002 as filed at the hearing it appears that after order No. 8 dated 6‑3‑2003 in the order sheet of the case 6 more orders were recorded in the order sheet in between Order No. 8 dated 6‑3‑2003 and Order No. 15 d..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....cted to be modified into one of imprisonment for life. 61. The questions posed, thus, stand disposed of in the above manner. 62. On the premises of the discussion made above and reasons counted orders are as follows: A. Death Reference No. 18 of 2000 in respect of condemned prisoners Ershad..Category: Criminal Law | Date: | Hits: 69
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....y the Assistant Judge, Additional Court No. 1, Dhaka in Title Suit No. 146 of 2000 rejecting an application for return of the plaint should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts, necessary for the Purpose of..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....bstance in the submission of learned Advocate for accused-appellant. Appellate Division, thus, sent the appeal to the High Court Division to consider the case on merit and to pass whatever order or orders it might think appropriate in the interest of justice. 45. In State Vs. Abul Kalam, 5 BLC ..Category: Criminal Law | Date: | Hits: 64
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....ty Commissioner, Sunamganj and opposite party No.1 to show cause as to why the Special Case No.4 of 1997 now pending in the Court of Senior Special Judge, Sunamganj should not be quashed or any other orders be passed as this court may deem fit and proper. 2. The relevant facts are that the co..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....ssued calling upon the opposite parties to show cause as to why the proceedings of CR Case No. 4232 of 2001 pending in the Court of Metropolitan Magistrate, Dhaka, should not be quashed or such other orders be passed as this court may seem fit and proper. 2. The relevant facts are that the co..Category: Criminal Law | Date: | Hits: 49
Category: Property Law | Date: | Hits: 73
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....on 540 of the CrPC on 15‑1‑2003 has been challenged by the petitioner but the order of issuing summons to the witnesses dated 24‑9‑2003 is not challenged in this revision. However, both these orders were considered by us at the verbal submission of the learned Advocate for the petitioner. ..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....the learned Additional District Magistrate, Pirojpur in Mathbaria PS Case No. 2 dated 1‑5‑2001 corresponding to GR Case No. 194 of 2001 should not be quashed and or such order or further order or orders passed as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of d..Category: Administrative Law | Date: | Hits: 223
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....ns that the petitioner deposited 25% of the auction amount when he participated in the auction and in such view of the matter that initial deposit should not have been forfeited. 12. Therefore the orders of the executing court so far it relates to the forfeiture of 25% of the bid money deposited ..Category: Others | Date: | Hits: 109
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
....rs from the date of the decree, is itself an error of law. The learned Advocate submits that section 152 is an inherent power of the Courts to correct mistakes occurring in the judgments, decrees and orders. In support of his contention he has referred to the case of Ibrahim Sk and others Vs. Janab ..Category: Property Law | Date: | Hits: 61
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....dered. 9. Section 439 of the Code of Criminal Procedure is quoted below: "439. (1) In the case of any proceeding the record of which has been called for by itself or which has been reported for orders, or which otherwise comes to its knowledge, the High Court Division may, in its discretion, e..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....ate for the accused petitioner submits that the learned Additional Metropolitan Sessions Judge including the learned Metropolitan Magistrate, Chittagong committed illegality in passing the impugned orders in spite of the fact that one Md. Younus Sarder who is alleged to have lodged the GD entry ha..Category: Criminal Law | Date: | Hits: 45
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....and conviction under sections 302/34 of the Penal Code is liable to be altered to that of section 302 of The Penal Code. 68. On the premises of discussion made above and the reasons canvassed, the orders are as follows: A. Criminal Appeal No. 3040 of 2001 preferred by accused appellant Babul S..Category: Criminal Law | Date: | Hits: 54
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....etitioner company as an undertaking providing physical infrastructure facilities from the date of its promulgation purporting to exclude the petitioner company from the tax exemption and the impugned orders dated 18‑10‑1999 and 17‑2‑2000 vide Annexures C and F to the writ petition, respectiv..Category: Fiscal/Taxation Law | Date: | Hits: 86