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Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ......e. 7. In the result, the Rule is discharged. The conviction of petitioner Md. Rafiqul Islam is upheld with the modification of the sentence as stated above. Petitioner Md. Rafiqul Islam, who is on bail granted by this Court, may be released from his bail bond. Send down the lower Court record..Category: Criminal Law | Date: | Hits: 61
Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
.... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ......ds without depositing the money and without collecting the original documents in collusion with staff of the port authority. The accused petitioner appeared before the learned Magistrate and obtained bail and 'thereafter, accused petitioner moved this Court and obtained this Rule. 5. It appears f..Category: Criminal Law | Date: | Hits: 46
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....trar of Trade Marks in Rectification Case No. 244 of 1998 that the applicant failed to file relevant papers to prove his case that he had been using the Trade Mark 'Crocodile' since 1980, there is no scope of interference by this Court with the impugned orders. Mr. Sayyid Shahid Hossain further subm......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343...Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......harge. (d) The convict appellant Ismail Howlader be set at liberty at once, if not wanted in any other case. (e) Convict-appellants Ali Hossain, Waliur Rahman and Anowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the L..Category: Criminal Law | Date: | Hits: 43
.... Nazrul Islam Patwary and others reported in 48 DLR (AD) 62 it has been held—
"The respondent though a worker his civil suit is maintainable as the proviso to section 25(1) does not provide any scope for redress as the order of termination was not passed for Trade Union activity or for deprivi...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343...
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....od of sentence of 3(three) days has only been awarded taking into consideration the old age of the accused-petitioner. Moreover, section 417A(2) of the Code of Criminal Procedure does not provide any scope to prefer any appeal by such a person who is not a complainant. In the instant case, since Opp......n 476 of the Code of Criminal Procedure, the appeal filed by opposite party No-2 cannot be entertained, at all. 6. However, on such contention the accused petitioner obtained the Rule and order of bail till its disposal. 7. Mr. Md. Shahjahan on behalf of Mr. Abdul Malek, the learned Advocate, ..Category: Criminal Law | Date: | Hits: 60
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....ation, the impugned order, the impugned judgment and decree of the trial Court and other papers filed along with the revisional application. 6. The learned Advocate for the petitioner submits that scope has, been provided under section 146 of the Code of Civil Procedure to the petitioner to prefe......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53...Category: Property Law | Date: | Hits: 81
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
....ed order dated 26-9-05 under section 9(1) of the Ain against accused Amin Uddin and as such according to learned Deputy Attorney-General order of cognisance under section 9(1) by Tribunal can have no scope to be quashed under section 561A of the Code as alleged. He contends that the Rule must be dis...... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ..Category: Criminal Law | Date: | Hits: 48
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....en set at rest as to how cases upon first information report and complaint over same incident are to be tried and disposed of fairly and properly according to law. He submits that there cannot be any scope to evade the application of above principle as enunciated in above decision by the Honorable S......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ..Category: Criminal Law | Date: | Hits: 41
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....he said Ordinance the object of the said section is to give a benefit to the female preventing a hasty dissolution of marriage by talaq being pronounced by the husband unilaterally without giving any scope for reconsideration but such benevolent intention is likely to be converted into an instrument......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....he making of that particular law and the mischief which it was made to remedy. A long title and the preamble of a statute undoubtedly elucidate the intent and design of the law maker and indicate the scope and purpose of the legislation. "When the plain meaning of the words used in a particular prov......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....ch were recorded under Section 161 of the Code of Criminal Procedure on the date of occurrence. In the facts and circumstances of the case we are of the view that the accused petitioner Lokman has no scope to have any shelter under Section 265C of the Code of Criminal Procedure since a prima facie c......Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ..Category: Criminal Law | Date: | Hits: 73
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....ail Bazar. 13. Land included within the periphery of a hat or Bazar is usually known as "Chandina" land. "Chandina" or Bazar lands are non-agricultural lands and, as such, the same is out side the scope of section 96 of the State Acquisition and Tenancy Act 1950. 14. To become a "Chandina" or ......th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ..Category: Property Law | Date: | Hits: 91
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
....5 are ultra vires of the Constitution. 7. Mr. Abdur Razzaque, appearing with Mr. Shahin Ahmed for the petitioner, submits that section 9(1) (i) of the Bankruptcy Act, 1997 is discriminatory in its scope and operation and is violative of Articles 27 of the Constitution as it does not have any guid...... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ..Category: Civil Law | Date: | Hits: 125
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
.... and other surrounding circumstances will be taken into account to prove the guilt beyond reasonable doubt. 12. In view of the fact as found in this case and particular suggestion that there was a scope and necessity to protect the property the condemned prisoner might open fire in exercise of th...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ..Category: Criminal Law | Date: | Hits: 96
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......ssion, he shall commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made. (b) subject to the prov..Category: Criminal Law | Date: | Hits: 49
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....le in the Constitution is Article 32 that guaranteed the right to move the Supreme Court for the enforcement of the rights conferred by Part III. But Article 32 of the Indian Constitution is wider in scope inasmuch as Clause (4) of Article 32 is concerned. Clause (4) provides that: “(4) The ......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....titioner to work as a Nikah Registrar simultaneously with his work as a teacher of a Government Primary School would not exonerate the petitioner from the mischief of law. In such a case, there is no scope for holding any enquiry before revocation of petitioner's licence of Nikah Registrar as he him......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....er was liable for the missing containers as per provisions of sections 17 and 168 of the Customs Act, 1969. The petitioner could have seized the alleged consignment but instead of doing so, he made a scope for taking the container out of ICD boundary. The unclaimed consignment had been taken out of ......s: "It is no comfortable thought for the appellants to be told that they could appear before the Court which is at a far off place in Ghazipur in the State of Uttar Pradesh, seek their release on bail and then to either move an application under section 245(2) of the Code or to face trial when t..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ussions, it appears to us that the instant application filed under section 151 of the Code or the earlier application filed under Order XXXIX, rules 1 and 2 appears to be misconceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any or......ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ..Category: Civil Law | Date: | Hits: 99
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