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MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....bench nor any bench of the High Court Division has any power to revise, override or alter the decision or interfere with it in any way, even though the learned judges arrived at a wrong decision. The scope of review as provided in the Code of Civil procedure is not available in the Code of Criminal ......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....d the different Annexures appended to the petition mainly argued that the certificate under section 33(7) of the Ain issued by the Adalat is ex facie illegal since the same was issued beyond the scope of the express provision of Ain itself. He further submits that there is no scope to issue a c......order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....shment to the appellant because of the brutality and coldbloodedness of the criminal act pursuant to a pre-concerted plan as they rightly deserved so and in such a posture of things, there is no scope for commutation of the death sentence to life-term imprisonment. 26. We have heard the su......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....straining the Government and its allottee is still in force and the petitioner’s claim of title is backed by a registered deed of conveyance, her possession cannot be termed unauthorized within the scope of Ordinance 24 of 1970……………………………….(12) Lawyers Involved: ......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....04 for specific performance of contract against the plaintiff’s predecessor, Shamsul Kabir Humayun Reza and in that suit, they were substituted as defendant Nos.1(a)-1(e) and thus, they had the scope to prove their case, but the High Court Division failed to consider this factual and legal asp......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....rged. Under latest Propositions of Law, an Accused cannot remain on Anticipatory Bail for an Unlimited Period- It is now well settled that after submission of the police report, there is no scope for anticipatory bail or pre-arrest bail. Anticipatory bail should be granted by the High......ositions of Law, an Accused cannot remain on Anticipatory Bail for an Unlimited Period- It is now well settled that after submission of the police report, there is no scope for anticipatory bail or pre-arrest bail. Anticipatory bail should be granted by the High Court Division for a limite..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ...... which is 10(ten) days prior to issuance of the instant Rule. It further appears that the offenders, i.e., respondent Nos. 5-8, were arrested by the law enforcing agencies and currently they are on bail. The submissions advanced by the learned advocate Mr. Manzill Murshid, that the criminal case..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......defence but the defence examined none and the P.W.7 was also examined in part. 6. The accused respondent No.1 surrendered before the High Court Division with a prayer for anticipatory/pre-arrest bail and obtained an ad-interim anticipatory/pre-arrest bail. Thereafter, the accused respondent No...Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....rting the impugned orders. The main contention raised in the affidavit-in-opposition was that the ex-parte decree passed in the artha rin suit having been maintained up to this Division, there was no scope of challenging the same again by filing new writ petition on the ground of “discovery of......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....of the cargo and assessed customs duties and taxes treating the goods belonging to the importer within the territory of Bangladesh, thereby, Mr. Aiiff submits the imported goods fall outside the scope of any extraterritorial claim. Accordingly, it is submitted that the goods cannot be with...... of lading placed by the petitioner was not a bill of lading as per Article 1 (a) of schedule of "The Carriage of Goods by Sea Act, 1925," 37. On the other hand, Chittagong Port is the bailee of Import containers since receiving of those containers from vessel till the delivery/dispos..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....n 26(1) of the Anti-Corruption Commission Act issued by the Commission is no notice in the eye of law since the said notice was served upon the accused-petitioner while he, was in detention having no scope to check-up the details of the assets and liabilities on examination of record and consultatio...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
.... further stated that the work on the project would be taken up for implementation after getting the approval from the Chief Engineer which for all practical purposes means future work and there is no scope of inclusion of the work carried out on the basis of work order dated 12.06.2002 in Annual Dev......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....a Police Station to investigate the case. Section 409 of the Penal Code is very much in the schedule to the Ain, 2004. The language used in sub-section (1) of section 20, is so clear that there is no scope of making any difference as to the stage in respect of investigation of a case, which is in th...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......ppears from the record of the case that the accused-petitioner Engineer Afsaruddin Ahmed in Criminal Miscellaneous Case No.4895 of 2009 approached this Court with an application for anticipatory bail whereupon this Court, by an order dated 10-8-2008, enlarged the accused-petitioner on anticipat..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....the initial notice dated 3-7-2007 under section 26(1) of the Anti-Corruption Commission Act was void and no notice in the eye of law as the accused was detained in jail custody at that time having no scope to check-up details of his assets on examination of records and consult with his legal counsel......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Mirza Abbas Vs. State, 2012, 41 CLC (HCD)
....connection with the present case. 3. Mr. Momotaz Uddin Fakir, learned Additional Attorney-General, on the order hand, submits that since the petitioner is not an accused in this case there is no scope to give direction upon the police not to arrest and harass him in the instant case. He further......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ..Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......shu Nirjatan Daman Case No. 190 of 2007 is hereby set aside. 29. The convict appellants are acquitted from the charge levelled against them. The appellants be released from their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ...... Tribunal Case No.354 of 2007 is hereby set-aside and the accused-appellant Kazi Nasiruddin Babul is found not guilty and acquitted from the charge. (c) The accused-appellant who is presently on bail is discharged from the bail bond. The Office is directed to send down the records at once...Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....g the victim informant and of them one was tendered and prosecution witnesses Nos.2-4 were declared hostile by the prosecution. After closure of the evidence of the prosecution witnesses there was no scope for examination of the accused-petitioner under section 342 of the Code of Criminal Procedure ......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ...... Court convicted the accused-person in the manner already state above. 6. The petitioner was arrested on 30-12-2003 and he was in jail hajat till 21-6-2007 about 4½ years when he obtained bail and released from jail hajat. Then he was abscond, thereafter his bail was cancelled due t..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
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