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Mrs. Aruna Sen Vs. Govt. of the Peo­ple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)

....rerogative writs, the constitutional jurisdiction which was conferred upon the supe­rior courts in Pakistan under 1962 Constitu­tion as incorporated in Article 98 of the Cons­titution was of wider scope. This is how Chief Justice Cornelius, interpreted rule 32 of the Defence of Pakistan Rules: ......nt petitioner was concerned, and so far as Miss Rina Sinha and Miss Hanufa Begum were concerned they were detained under section 54 of the Code of Cri­minal Procedure. This court, thereupon, granted bail to the said girls, detained under section 54 of the Code of Criminal Procedure, pending the hea..

Category: Constitutional Law | Date: | Hits: 291

Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)

....cused appellant Sharifuddin that he was not personally present to participate in the operation as to the commission of the alleged offence with other co‑accused and in such event there was no legal scope to make him liable under sections 302/109 Penal Code. He argues that similarly, accused appell...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ..

Category: Criminal Law | Date: | Hits: 42

Advocate Zulhas Uddin Ahmed and others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....টরী” inside the bracket of para 2 (K) of 2nd schedule of VAT Act, 1999, should not be declared void and illegal as being obstruction to the improvement of public health as well as beyond the scope of Fundamental Principles of State Policy of the Constitution and/or pass such other or furthe......চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ..

Category: Health Law | Date: | Hits: 391

Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)

....s by specific time by the accused and when the said promise was violated by them the ingredient for 1 offence under sections 406/420 Penal Code will be very well present. According to him there is no scope to say that the continuation of the proceeding will be an abuse of the process of the court. I...... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ..

Category: Criminal Law | Date: | Hits: 42

Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)

....larged on bail to the satisfac­tion of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a peri­od of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......gar, Dhaka be stayed for (6) six months. The petitioner is directed to make the appeal ready within 4 months. 10. The accused-petitioner, Habibur Rahman Mollah by a separate application prayed for bail stating that the petitioner, Habibur Rahman Mollah, was elected as a Member of Parliament and h..

Category: Anti-Corruption Laws | Date: | Hits: 120

Md. Zahidul Islam Vs. Md. Kamal Hossain and another, 2009, 38 CLC (AD)

.... absolute. The above submission merit considera­tion. Leave is granted. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 60.......Metropolitan Magistrate, Rajshahi took cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881 and after receiving the summons the respondent No.1 surrendered and obtained bail on 21.06.2007. The case record being transmitted to the Court of Sessions Judge, Rajshahi, Sess..

Category: Criminal Law | Date: | Hits: 39

State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)

....aper books is dis­pensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55....... 4. Mr. Md. Salim, learned Deputy Attorney General, appearing for the peti­tioner submitted that the High Court Division while passing the impugned judgment and order enlarging accused-respondent on bail failed to appreciate that the gravity of offence under Section 302/34/109 of the Penal Code now..

Category: Criminal Law | Date: | Hits: 42

Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)

....for the petitioner con­tended that the High Court Division erred in law in making the rule absolute in fail­ing to notice that the writ petition itself is not maintainable, inasmuch as, there is no scope to decide whether or not there was excess payment to the writ petitioner. It is further conten......vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45...

Category: Employment/Service Law | Date: | Hits: 87

Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)

.... of paper books is dis­pensed with as prayed for. The period of order of stay granted ear­lier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21.......accordingly Section 302 was added with the case and consequently, the condemned prisoner surrendered before the Court on 17.09.2003 and thereafter on 13.03.2004 the condemned prisoner was enlarged on bail granted by the High Court Division and therefore, the investigation officer after conducting a ..

Category: Criminal Law | Date: | Hits: 49

Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)

....case, should have presented Abu Sayeed as a witness before the trial Court is also erroneous as Abu Sayeed, being a complete stranger to Beraful Nessa and also being a fictitious person, there was no scope for Beraful Nessa to present Abu Syed before the Court as a witness and so the above observati...... be sustained and accord­ingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ..

Category: Property Law | Date: | Hits: 109

Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)

....erials on record that the mark of the appellant substantially differs from the registered mark of the respondent No. 2 in design, colour, get‑up and in other respects and there is not the slightest scope on the part of the consumers either to be deceived or confused while purchasing cigarettes man......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ..

Category: Intellectual Property Law | Date: | Hits: 226

Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)

....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......ere are more than 10 thousand employees in his industries namely, Jamuna Group of Industries. On 21‑3‑2004 he was arrested in the early morning and then a criminal case was started against him. A bail petition was filed before the Chief Metropolitan Magistrate, Dhaka and then before the Metropol..

Category: Criminal Law | Date: | Hits: 60

Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)

....strate. 42. In the case of Dr. Mohiuddin Khan Alamgir Vs. State, 7 BLC 249, it was observed that (a) after deletion of the expressions "under this chapter" in sub‑section (1) of section 167, the scope of sub­section (1) in the exercise of powers by Magistrates has been "rendered much more wide......he police forwarding report that a proposal for their detention under the Special Powers Act, 1974, shortly the Act, had been made to the authority. The Chief Metropolitan Magistrate enlarged them on bail to be effective on 4‑3‑2002, if no detention order had been made in the meantime. They were..

Category: Criminal Law | Date: | Hits: 70

Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)

....thereunder, it appears that the election tribunal was created by the executive authority of the election commission for special and limited purposes and the election tribunal cannot travel beyond the scope provided in Union Parishad Ordinance, 1983 and the rules trained thereunder and cannot invoke ...... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ..

Category: Election Law | Date: | Hits: 79

Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)

....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ...... Md. Abdul Quddus J.- This Criminal Appeal No. 3105 of 2003 under section 28 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 is directed against order dated 26‑7‑2003 rejecting prayer for bail of accused‑appellant Harun‑or‑Rashid @ Harun in Nari‑o‑Shishu Case No. 639/02 by Judg..

Category: Criminal Law | Date: | Hits: 72

Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)

....called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......n of complaint issued warrant of arrest against the accused-petitioner fixing 6‑2‑2000 for execution and return of the same. The accuse-petitioner surrendered before the Court and was enlarged on bail. It is at this stage the accused-petitioner moved this Court and obtained the Rule in which all..

Category: Criminal Law | Date: | Hits: 38

Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)

....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......ant on recording finding that be is the rapist. 64. Before parting we are inclined to get to grip with a matter of great concern and public importance. The accused‑appellant was allowed to go on bail for period of six (6) months from the date of furnishing surety to the satisfaction of Deputy C..

Category: Criminal Law | Date: | Hits: 64

Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)

....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ...... Judgment Khademul Islam Chowdhury J.- This appeal is directed against order dated 13‑9‑2003 passed by the Nari‑o‑Shishu NiKiatan Daman Bishesh Adalat rejecting the application for bail of the accused appellant in Nirjatan‑o‑Shishu Case No. 162 of 2003 arising out of Bagerhat ..

Category: Criminal Law | Date: | Hits: 43

Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)

....Code of Criminal Procedure by issuing, notice for the purpose of passing order relating to search warrant was illegal and without jurisdiction of the learned Metropolitan Magistrate. There is also no scope to issue such a notice before passing an order of search warrant trader section 98 of the Code......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ..

Category: Criminal Law | Date: | Hits: 49

Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)

.... 10. So, it is clear that the witnesses were called and examined by the tribunal without any objection from the defence. By this conduct the accused side waived whatever right they had. There is no scope of raising any objection on this point in revision. 11. It is further found that the tribun......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..

Category: Criminal Law | Date: | Hits: 60