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Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......t appears to the Magistrate the offence is triable exclusively by the Court of Session, he shall (a) send the case to the Court of Session; (b) subject to the provision of this Code relating to bail, remand the accused to custody during, and until the conclusion of the trial; (c) send to th..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....he convicted petitioner. 4. On the other hand, the learned Deputy Attorney-General has argued that the definition of ‘arms’ as given in section 4 of the Arms Act is not exhaustive and there is scope of including both weapons as arms. According to him, knives and kiris which were recovered are...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ..Category: Criminal Law | Date: | Hits: 40
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....tention to two other decisions of this Court. The case of Abdul Jalil Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) 42 does not help Mr. Mohammadullah in the facts of the instant case. In this case, the scope of injunction has been examined from different perspectives relying on the facts and circumsta......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....re capital has been subscribed by the Government and the entire interest belongs to the Government and the Government exercises full control and superintendence over the corporation. Thus there is no scope for the corporation to carry on any business of any kind and that is why they have also submit......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......ocate — For the Appellant- Petitioner. MA Rouf, Assistant Attorney-General — For the State. Criminal Appeal No.2681 of 1998. Judgment Kazi Ebadul Hoque J. - This is an application for bail of the appellants. The appeal is against the order of rejection of prayer for bail by the Speci..Category: Criminal Law | Date: | Hits: 35
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....As soon as the accused appears or brought before the Court and prays for bail the Sessions Judges should dispose of such application and if the Sessions Judge fails to dispose of the same there is no scope for allowing the accused to continue on the bail granted by the Magistrate except sending the ......8 Judgment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the 11 accused petitioners calling upon the State opposite party to show cause as to why they should not be enlarged on bail in Sessions Case No. 633 of 1996 pending in the 3rd Court of the Additional Sessions Judge, Dha..Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......tence of RI for 2 (two) years passed against the appellants by the Divisional Special Judge, Rajshahi is reduced to a sentence of RI for 1 (one) year only. 32. The appellants, who are currently on bail, are directed to surrender to their bail bonds immediately to serve out the sentence imposed on..Category: Criminal Law | Date: | Hits: 104
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
...., or proceedings, which are taken or made without jurisdiction, mala fide or coram non judice are not saved from the scrutiny by the writ court under Article 102 of the Constitution. The ambit or the scope or extent of interference by the superior Court in writ jurisdiction has been succinctly discu......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
....rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ......istrate took cognizance in the case and issued warrant of arrest against the present petitioners. Thereafter, the accused petitioners on appearing before the High Court Division obtained anticipatory bail and filed this application for transfer of the complaint case from Magura to any other Sessions..Category: Criminal Law | Date: | Hits: 100
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....live all through with his deceased wife in his village home, where the deceased died. There is no evidence that the appellant came home from Khulna before the occurrence. So, in this case there is no scope of presuming that the accused husband was with the deceased wife at the relevant time. 27.......ted in any other case. 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) 34. ..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....in favour of arbitration in a matter where it is a pure question of law as to the power of the Board to levy a surcharge. This submission would have great force if the sole question involved were the scope and ambit of the power of the Board under sections 49 and 59 of the Act to levy a surcharge, a......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
....nding faith, to use the words of Bose, J. "a way of life", and it must not be subjected to a narrow pedantic or lexicographic approach. We cannot countenance any attempt to truncate its all embracing scope and meaning, for to do so would be to violate its activist magnitude. Equality is a dynamic co...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....The respondent No. 6, UNO, accepted the said offer of the respondent No. 7 as the highest and recommended for granting lease of the said Cattle Hat to the respondent No. 7, stating that, there was no scope to secure more amount than the one offered by the respondent No. 7. Respondent No. 6 does not ......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..Category: Others | Date: | Hits: 114
....venue) while forwarding the record to the Ministry observed the Lacca Tura Tea Estate was the owner and possessor of the land in question on the basis of settlement by the Government and there was no scope of mutation in favour of the petitioner. He also mentioned in the aforesaid order that there w...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
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Category: Property Law | Date: | Hits: 95
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......) which was inserted by Act 18 of 1999 and became effective from 12-2-1999 enshrines that where in a case after the production or appearance of an accused person before the Tribunal or his release on bail, the accused person absconds or fails to appear before it, the procedure as laid down in sub-se..Category: Criminal Law | Date: | Hits: 58
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
....ts. Their device is so dissimilar to that of the plaintiff, single elephant and double elephants back to back one after another along with embossment ‘GAZI TYRES’ and ‘GAZI TUBES’ there is no scope for any confusion. On 19-02-2000 they obtained a search report from the office of the Registra...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..Category: Intellectual Property Law | Date: | Hits: 230
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......ated 25-5-2000 passed by the learned Sessions Judge, Chittagong in Criminal Miscellaneous Case No.1596 of 1999 corresponding to GR No. 132/99 arising out of Satkania PS Case No. 3(7)99 cancelling the bail by the accused-petitioners should not be set aside and also as to why the accused-petitioners s..Category: Criminal Law | Date: | Hits: 43
....r answering the following question:
“(1) whether in the absence of any finding of any defect in the method of accounting employed and the accounts maintained by the applicant there was any legal scope for computing the income of the applicant by resorting to estimate?
(2) Whether on the fact......ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484...
Category: Fiscal/Taxation Law | Date: | Hits: 101
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....emo No.91 dated 7-6-99 (Annexure-I to the supplementary affidavit) issued by the Thana Statistical Officer Lalmohan, Bhola to the Delimitation Officer. Thana Nirbahi Officer, stating that there is no scope for supplying upto date information regarding Ward wise distribution of population of the newl...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ic notification published declaring the old Tejgaon airport as an operating airport. He also took us through the Dhaka Metropolitan City Development Plan (1995-2000) and submitted that the nature and scope of development of the old Tejgaon airport area was still pending to be finalised. So there is ......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ..Category: Property Law | Date: | Hits: 125
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