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Yusuf Mia Vs. State, 2011, 40 CLC (HCD)

....the proceeding in the instant case has been stayed on an application under section 561 A of the Code of Criminal Procedure and the petitioner has no forum to go even then the trial court rejected the prayer for bail most illegally and the FIR named co-accused Md. Shahidur Rahman @ Shahid Commissione......nst 12 accused persons along with 4/5 others alleging inter alia that due to previous enmity his younger brother Md. Sahadat Hossain, Word Commissioner of Ward No.90 of Dhaka, has been killed by the aforesaid accused persons on 29.9.2002 at about 17.00 hours in the evening, hence the case. 3. Dur......ncel 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:   ......ncel 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:   ..

Category: Criminal Law | Date: | Hits: 50

Md. Abdul Gafur and others Vs. State, 2011, 40 CLC (HCD)

.... no certainly as to when the trial will be commenced and as such he prays for bail of the petitioner Nos.2-7. 4. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 5. Heard the learned advocate of both the sides and perused the FIR, other docum......arged on bail in Sessions Case No. 36 of 2009 arising out of G.R. Case No. 214 of 2007 corresponding to Anwara P.S. Case No. 15 dated 13.10.2007 under section 395/397 of the Penal Code, now pending before the learned Special Sessions Judge, Chittagong. 2. In a case under section 395/397 of the Pe...... to cancel the bail, if the accused petitioners misuse 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: ...... to cancel the bail, if the accused petitioners misuse 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: ..

Category: Criminal Law | Date: | Hits: 49

State Vs. Syduzzaman Faruq, 2010, 39 CLC (AD)

....by the police on 3rd February, 2010 and then he moved an application for bail before the Metropolitan Sessions Judge, Dhaka. The learned Sessions Judge by his order dated 16th June, 2010 rejected the prayer for bail in Criminal Miscellaneous Case No. 4986 of 2010. Thereafter, the accused respondent ......tructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Nurul Islam Sujan, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 508 of 2010. (From the judgment and order dated 12.8.2010 passed by the H......he respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ......he respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ..

Category: Criminal Law | Date: | Hits: 46

Shah Alam and others Vs. State, 2000, 29 CLC (HCD)

....ce of P.W.11 wherein she admitted that her colleague recorded the confessional statements of accused Shah Alam and Ali Mia and that thereafter the confessing accused were again given on remand as per prayer of the Investigating Officer. Giving of remand of the confessing accused after recording his ......esponding to Kotwali PS Case No. 24 dated 09-08-1991, convicting the accused-appellants along with three others under section 395 of the Penal Code and sentencing them to suffer rigorous imprisonment for seven years each and also to pay a fine of Taka 1,000.00, in default to suffer rigorous imprison....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ..

Category: Criminal Law | Date: | Hits: 67

Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)

....har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......ocess the appellant took out two touchstone statues of god ‘Ram’ and goddess ‘Seeta’ weighing about 15 Kg and 1 Kg. respectively worth about Taka 4 lac. No sooner had the statues been offered for sale, the police party waiting outside stormed into the house and arrested the appellant under s......har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ..

Category: Criminal Law | Date: | Hits: 72

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....atium was paid in full. From the record it appears that by order No. 37 dated 16.8.86 the defendant appellants were transposed in place of the plaintiff respondent in H.R.C case No. 224 of 1983. That prayer for transposition was not opposed by the plaintiff respondent. From the record it further app......decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit. 2. The respondent as plaintiff instituted the suit seeking for the following relieves; অতএব বাদী নিন্মমতে প্রার্থ......the suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J.- I agree. Ed. This Case is also Reported in: ......the suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 110

Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)

....c importance, adjournment was granted on a number of occasions for the learned Attorney General to take instructions and to answer the points raised by the learned advocate for the petitioner. On the prayer of the learned Attorney General delivery of judgment was deferred. 4. During the course of......f 1999 by Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Manikganj purportedly under section 6(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (Act of XVIII of 1995) should not be brought before this Court so that it may satisfy itself that the petitioner is not being held in custody witho......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..

Category: Criminal Law | Date: | Hits: 128

Shahidul Islam Mohan @ Mohan Huzur Vs. State, 2011, 40 CLC (HCD)

....al Powers Act, against the order dated 11.11.2010 passed by the learned Special Tribunal, 3rd. Court, Kushtia in Special Tribunal Case No. 188 of 2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. Prosecution case in short is that on 19.06.2010 one S. I. Zi......rs Act, against the order dated 11.11.2010 passed by the learned Special Tribunal, 3rd. Court, Kushtia in Special Tribunal Case No. 188 of 2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. Prosecution case in short is that on 19.06.2010 one S. I. Ziaul Ahs......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 91

Md. Nurul Hakim @ Md. Noor Hakim Vs. State, 2011, 40 CLC (HCD)

....ar in Special Tribunal Case No. 174 of 2010 arising out of G. R. Case No. 147 of 2010 corresponding to Teknaf P.S. Case No. 05 dated 2.5.2010 under section 19 A and (f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. A magazine containing 7 bullets and a polithine bag containi......pecial Tribunal Case No. 174 of 2010 arising out of G. R. Case No. 147 of 2010 corresponding to Teknaf P.S. Case No. 05 dated 2.5.2010 under section 19 A and (f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. A magazine containing 7 bullets and a polithine bag containing 8 ye......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 57

Shahadat Hossen Vs. State, 2011, 40 CLC (HCD)

....al No.1, Chittagong in Special Tribunal Case No. 113 of 2010 arising out of G. R. Case No.215 of 2010 corresponding Lohagara P.S. Case No. 7 (9) 2010 under section 19 A of the Arms Act, rejecting the prayer for bail of the appellant. 2. Prosecution case, in short is that on 9.9.2010 one Md. Abdul......, Chittagong in Special Tribunal Case No. 113 of 2010 arising out of G. R. Case No.215 of 2010 corresponding Lohagara P.S. Case No. 7 (9) 2010 under section 19 A of the Arms Act, rejecting the prayer for bail of the appellant. 2. Prosecution case, in short is that on 9.9.2010 one Md. Abdul Nabi l......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 41

Ershad Ali Vs. State, 2000, 29 CLC (HCD)

....lged in any criminal or anti-social activities. In the event of bail being granted they will neither abscond nor misuse the privilege of bail. 7. The learned Assistant Attorney-General opposed the prayer for bail. 8. Having considered all the aspects specially the length of captivity of the ap......3. Bail petition of the appellants was rejected by the impugned order 7-3-2000 holding, inter alia, that on 10-3-99 at about 1-40 AM the appellants along with a group of miscreants were lying in wait for the arrival of their adversaries and on seeing the police closing in, they started fleeing away ......n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544.......n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544...

Category: Criminal Law | Date: | Hits: 38

Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)

....rected against the order dated 30-4-94 passed by the Subordinate Judge, Naogaon in Miscellaneous Case No.80 of 1992 under Order 43 rule 1(k) of the Code of Civil Procedure rejecting the appellant’s prayer for substitution of the heirs and heiresses of deceased defendant No.17 Nur Mohammad on setti......against the order dated 30-4-94 passed by the Subordinate Judge, Naogaon in Miscellaneous Case No.80 of 1992 under Order 43 rule 1(k) of the Code of Civil Procedure rejecting the appellant’s prayer for substitution of the heirs and heiresses of deceased defendant No.17 Nur Mohammad on setting asid......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541.......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541...

Category: Property Law | Date: | Hits: 73

Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)

....he decision Annexure-I has been filed before this Court. In view of the said decision by the Board of Directors of Bangladesh Bank the petitioner has filed an application praying for amendment of the prayer in his suit petition. It is prayed that this Court may be pleased to allow the Memo-No. BRPD ......days, as to why appropriate action shall not be taken against him. On hearing the said Rule in part this Court found that the petitioner has filed an appeal under section 48 of the Bank Company Act before the Board of Directors of Bangladesh Bank against the directive not to function as the Managing......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ..

Category: Employment/Service Law | Date: | Hits: 79

Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)

....eferring to Annexure-F, F-1 and G which were filed along with supplementary affidavits filed by the petitioner submits that the project in question is still continuing. However, since in spite of the prayer of the petitioner in the Writ petition for treating him in service with full benefit Rule iss......ct Director under BSTI vide Memo dated 31-12-1991 (Annexure-A) and vide memo dated 2-3 (Annexure-B) his pay scale was fixed at Taka 7100x200-8900 and the petitioner since his appointment, had been performing his duties most satisfactorily. However suddenly he received the memo dated 29-6-92 (Annexur......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226...

Category: Employment/Service Law | Date: | Hits: 117

Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)

....l seized by the customs from the vessel MV Alba, and he prayed for issuance of an order of temporary injunction against auction sales of the same by the customs till disposal of the suit and the said prayer for temporary injunction being rejected, Mr. Mohammad Ali filed First Miscellaneous Appeal No......(part)/475 (Annexure -M) by the respondent No.1 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, owner of MV Alba (formerly MV Alsara), in brief, is that they are represented in Bangladesh by Mariners (Bangladesh) L......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

Md. Ashraf and others Vs. State, 2011, 40 CLC (HCD)

....ng in Special Tribunal Case No.90 of 2010 arising out of G.R. Case No.51 of 2010 corresponding to Potenga P.S. Case No.03 dated 06.02.2010 under section 19(A) and 19(f) of the Arms Act, rejecting the prayer for bail of the appellants. 2. It is submitted that although 30 accused persons including ......pecial Tribunal Case No.90 of 2010 arising out of G.R. Case No.51 of 2010 corresponding to Potenga P.S. Case No.03 dated 06.02.2010 under section 19(A) and 19(f) of the Arms Act, rejecting the prayer for bail of the appellants. 2. It is submitted that although 30 accused persons including the app...... to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 60

Md. Palash Khan Vs. The State, 2011, 40 CLC (HCD)

....Special Tribunal Case No.856 of 2008 arising out of G.R. Case No. 787 of 2008 corresponding to Khilgaon P.S. Case No. 25 dated 05.08.2008 under sections 19(A) and 19(f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. Prosecution case, in short, is that on 5.8.08 one D.A.D Md. ...... Tribunal Case No.856 of 2008 arising out of G.R. Case No. 787 of 2008 corresponding to Khilgaon P.S. Case No. 25 dated 05.08.2008 under sections 19(A) and 19(f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. Prosecution case, in short, is that on 5.8.08 one D.A.D Md. Shahidu...... at liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ...... at liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 49

Md. Monir Hossain @ Babu Vs. State, 2011, 40 CLC (HCD)

....ner is languishing in jail custody for more than a year without trial and as such he may be enlarged on bail. 5. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, other docum......sh. He could not recognize the accused persons. 3. The accused petitioner was arrested in connection with Jhalokati P.S. Case No.7 dated 11.7.2009 under section 457/380 of the Penal Code and moved for bail but failed, he then obtained the instant rule. 4. The learned advocate appearing for the......ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 50

Motin Gazi alias Motiar Rahman Vs. The State, 2011, 40 CLC (HCD)

....ey misappropriated the said goods valued at Tk. 10,00,000/- and on the basis of said allegation the G.R. Case has been started against them. 3. The petitioner was arrested on 20.10.2009, since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The lea...... 14 trucks entered into PHP Steel mills and one truck being No. 3776 which was driven by the driver Md. Liton along with helper Md. Mahfuz was not come into the PHP steel mills and on quarry he was informed from the driver that due to disturb of the truck he was not able to reach thereto and thereaf......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 51

Abul Kalam Bepari Vs. The State, 2011, 40 CLC (HCD)

....ainst them and since he has got fair chance of acquittal in this case and as such he may be enlarged on bail. 5. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, other docum......of 2008 corresponding to Zazira P.S. Case No.7 dated 20.11.2008 under section 302/34 of the Penal Code, now pending in the Court of Sessions Judge, Shariatpur. 2. For killing the daughter of the informant an FIR was lodged under section 302/34 of the Penal Code against 3 unknown accused persons i...... cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ...... cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 52