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Md. A. Razzak Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......al Miscellaneous Case No. 415 of 2011. Judgment AKM Asaduzzaman J.- This rule was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in Session Case No.46 of 2005 arising out of G.R Case No.18 of 2003 corresponding to Atrai P.S ..Category: Criminal Law | Date: | Hits: 50
Zabbar Muhury Vs. State, 2011, 40 CLC (HCD)
....any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......Miscellaneous Case No. 30068 of 2010. Judgment AKM Asaduzzaman J. - This rule was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in Sessions Case No.692 of 2009 arising out of Nandail P.S. Case No.01dated 01.03.2007 correspo..Category: Criminal Law | Date: | Hits: 46
Md. Shahidul Islam Vs. State, 2011, 40 CLC (HCD)
.... the trial of the case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......bunal Case No.39 of 2010 arising out of G.R. Case No.42 of 2010 corresponding to Nawabgaonj P.S. Case No.41 dated 27.01.2010 under section 19A and 19(f) of the Arms Act, 1878 rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A and 19(f) of t..Category: Criminal Law | Date: | Hits: 64
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
.... 1953. The petitioner along with 3 others made the representation for release of the property only on 21st January, 1996 after about 43 years of the date of acquisition by the Government. There is no scope to make any prayer to the Minister-in-charge of the Ministry of lands for release of the prope......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ..Category: Property Law | Date: | Hits: 58
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....adjudication under clause 24 of the condition of contract, but no action was taken. The petitioner could not resort to Arbitration as without completion the provisions of adjudication, there was no scope for Arbitration. 4. Respondent No. 5 filing an affidavit-in-opposition contested the writ p......the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ..Category: Others | Date: | Hits: 118
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
....only when any person after receipt of an order under section 26(1) would not file statement of assets or submit false or fraudulent statement of assets. In the commission of such offence, there is no scope of any body to abet. Similarly, offence under section 27(1) of the ACC Act, 2004 is an aggrava......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....i Alamgiri, it is well settled, is one of the standard books on Muhammedan personal law. So reliance may be placed thereon. In this context, it may be mentioned that Fatawai Alamgiri has extended the scope of incapacity or disability of a son or daughter by incorporating the expression," engaged in ......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ..Category: Family Law | Date: | Hits: 214
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....nder the aforesaid provision of law and the impugned order was passed in violation of the provision of law and the impugned order being highly unfair having been designedly passed giving virtually no scope to seek remedy before the administrative forum the petitioner has been constrained to come bef......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534...Category: Employment/Service Law | Date: | Hits: 81
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......21-4-2006 under section 19(1) (1)(Kha) of the Narcotics Control Act, 1990 corresponding to GR No. 259 of 2006 now pending in the Court of Chief Metropolitan Magistrate, Dhaka rejecting the prayer for bail. 2. The facts involved for disposal of the Rule are as follows: 3. The prosecution case, as ..Category: Criminal Law | Date: | Hits: 64
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......ot guilty and they are acquitted of the charge under sections 395, 397 of the Penal Code. The accused appellants namely, Mofazzel Hossain alias Mofa, Mozahar Ali and Sekendar alias Dulahar who are on bail be discharged from their respective bail bonds. Send down the lower Court's records at once wit..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
.... 143. The above views find substantial support in our jurisdiction as well. Like Indian decisions' ours also related to interlocutory injunction in commercial transaction. But there was little or no scope for thorough consideration of the concept of fraud exception in wider perspective. In present ......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 289
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....Division observed that the suit suffers from defect of parties and no contention of the defendant No.25 in his written statement which was not proved by anybody, was illegally considered beyond the scope of law; that the plaintiffs were known about their alleged wrong recording since long time but......the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ..Category: Property Law | Date: | Hits: 74
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... custody of Fishing Port with goods as per seizure list. The vessel was rightly forfeited to the government under sections 21 and 22 of the Marine Fisheries Ordinance, 1983 and, as such, there is no scope to release the said vessel. The learned Magistrate rightly convicted the crews under sections ......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......onal Sessions Judge, 3rd Court, Dhaka in Session Case No. 291 of 1992 is hereby set aside. The appellant is acquitted of the charge leveled against him. The appellant Wally Ahmed alias Babi who is on bail is discharged from the bail bond. Send down the lower Court's records at once with a copy o..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ainable. 6. Mr. Mrinal Kanti Biswas, learned Advocate appearing on behalf of respondent Nos. 1, 4, 6 and 7, on the other hand, submit that the present Writ petition is not maintainable as there is scope for arbitration for violation of any of the terms of contract. He also submits that as the pet......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431...Category: Business or Commercial Law | Date: | Hits: 186
Solaman Vs. State, 2005, 34 CLC (HCD)
..... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......of the Arms Act. 5. The case came up for trial before the Court of learned Sessions Judge and Special Tribunal, Khulna and on 15-3-2002 the Special Tribunal No. 8 Khulna enlarged the petitioner on bail, since then the petitioner was absconding and charge was framed in absentia of the petitioner o..Category: Criminal Law | Date: | Hits: 53
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ...... 25. It further appears from the record that the petitioner subsequently surrendered before the Senior Special Tribunal in Special Powers Act Case No. SO of 2004 on 25-9-2004 and he was released on bail and he has been attending the Court regularly and on 24-10-2004 he filed Hazira in the aforesai..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351.......rought against them. The convict-appellant Abdus Sattar @ A. Sattar @ Sottar shall be set at liberty forthwith if he is not wanted in connection with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 59
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....no manner of application. 14. As the Director of Land Records and Surveys has specifically mentioned in his order that he passed the order (Annexure C) under Rule 42A of the EBT Rules, there is no scope to argue that the Director of Land Records and Surveys passed the impugned order under any oth......ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397...Category: Property Law | Date: | Hits: 62
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....tated before. 14. Mr. Abdur Rezaque Khan, the learned Additional Attorney-General, appeared in support of the death reference. He submits as follows: (1) The offence as alleged comes within the scope of clause (4) of section 300 of the Penal Code. (2) Explanation (d) of sections 300 of the ......lam was a man of his locality and that he did not know if the father's name of Dablu was late Abdul Karim. He did not know whether police arrested Dablu or not, and whether the latter was enlarged on bail or not. 36. PW 16, Sher Alam, a businessman of the kitchen market of Palashi, stated that he..Category: Criminal Law | Date: | Hits: 236
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