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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. ......var Police Station, (11) Officer-inÂ-Charge, Gulshan Police Station, (12) Officer-inÂ-Charge, Badda Police Station and (13) Officer-inÂ-Charge, Motijheel Police Station to show cause as to why the action of the respondents in attempting to arrest the petitioner should not be declared to have been..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......63. 8. Mr. M Arnirul Islam, learned Council like Mrs. Tania, stresses upon the police excesses and the violation of fundamental rights of the detenus in the hands of the police. He submits that no action detrimental to the life, liberty, body and reputation of a person shall be taken away except ..Category: Criminal Law | Date: | Hits: 70
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ...... the existence of common intention animating to the accused leading to doing of a criminal act in furtherance of such intention. The distinct feature of section 34 is the element of "participation in action." There must be prior mitigating of minds and pre‑arrangement and pre‑meditated concert. ..Category: Criminal Law | Date: | Hits: 69
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. ......also on credit. He became acquainted with the accused‑petitioner Md Nizam Khan, e proprietor of Dignity Fabrics and due to such acquaintance the accused‑petitioner made proposal for business transaction with him and accordingly, an agreement was entered into in between him and the accused‑peti..Category: Criminal Law | Date: | Hits: 38
....without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183.......c (Eviction) Case No. 67/93-94 asking the petitioner to stop further construction of the latrine and to show cause why he should not be evicted from the said land by 1-1-1994 in default whereof legal action would be taken against him, which is the impugned order contained in Annexure D to the writ p..
Category: Property Law | Date: | Hits: 172
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......d the suit on false claim.
On the pleadings following issues were framed:
1. Whether the suit was maintainable in the form and manner as framed;
2. Whether the plaintiff has got any cause of action for the suit;
3. Whether the impugned letters issued from the office of defendant No. 3 an..
Category: Property Law | Date: | Hits: 73
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....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. ......vocates Mr. Shahiduzzaman Chowdhury and Ms. Bulbul Rabeya Bann, advanced three-fold arguments which are as follows: Firstly, the accused side was not given any opportunity of hearing before taking action on the petition under section 540 of the Code of Criminal Procedure. Secondly, the tribuna..Category: Criminal Law | Date: | Hits: 60
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ...... learned Advocate, the trial has been proceeded with herculean speed with a mala fide intention to obtain order of conviction by hook or by crook and hence the learned Advocate emphasises that entire action has been taken on colourable exercise of power and therefore, the Rule merits consideration. ..Category: Criminal Law | Date: | Hits: 63
.... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......led on 15-5-91; (2) that there was mass resignation of members of the union and in consequence thereof the membership of the union dwindled below 30%.
19. We are required to see where the cause of action arose. As regards the allegations of gheraoing the office of Grameen Bank, admittedly it took..
Category: Labour and Industrial Law | Date: | Hits: 186
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
.... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......nce. The order of stay earlier granted by this Court stands vacated. Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ..Category: Property Law | Date: | Hits: 65
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......rdingly pursuant to a resolution of the school Management Committee taken in its meeting held on 15.02.2004 the Head Master was asked to show cause by a notice dated 15.02.2004 as to why disciplinary action should not be taken against him and but the Head Master refused to accept the said notice. Fa..Category: Civil Law | Date: | Hits: 90
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......of those cheques the bank issued a legal notice on 14‑3‑2000 and the same was received by the accused on 20‑3‑2000 but the accused did not pay the said amount within 15 days from the cause of action which arose on 6‑4‑2000 and thereby the accused committed an offence under section 138 of..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......section 3 of the Act. Lastly, the learned Advocate submits with reference to the Supplementary Affidavit filed today that in view of section 77 of the State Acquisition and Tenancy Act protecting the action of the accused petitioner, who did the act in question in exercise of his official duties, th..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......th by an accused under sub‑section (4) of section 342 of the Code of Criminal Procedure. These provisions were taken from the English principles of common law. At common law, the parties to a civil action were not allowed to give evidence because of their interest in the litigation and in criminal..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......istence of common intention animating the accused persons leading to the doing of criminal act in furtherance of such intention. The distinct feature of section 34 is the element of "Participation in action". The common intention implies acting in concert, existence of a pre‑arranged plan and preÂ..Category: Criminal Law | Date: | Hits: 54
Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)
....y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......ll rather the petitioner asserts the underlying principle of Order 23 Rule 2 of the Code of Civil Procedure which prevents a litigant from instituting the suit again and again or on the same cause of action. He further contends that the petitioner is suffering a lot, inasmuch as, he is being disturb..Category: Procedural Law | Date: | Hits: 115
Ocean Containers Ltd. Vs. Government of BanglaÂdesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......al basis since 1‑2‑1999. 19. This apart, the NBR sought to deny the t exemption to the petitioner company by clause 2 the impugned SRO dated 2‑12‑1999 by giving prospective operation. Such action on the part the NBR is designed to deprive the petitioner company of the tax exemption under ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......or deliver'. The word is also related to Latin word "bajulare" meaning to bear a burden. 7. 'Bail' in English Common Law is the freeing or setting at liberty of one arrested or imprisoned upon any action, either Civil or Criminal, on surety taken for his appearance on certain day and a place name..Category: Criminal Law | Date: | Hits: 79
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......he Customs Authority proves otherwise. The Customs have no arbitrary right to reject the invoice value. If they do not accept ‘the invoice value they must have sufficient materials to support their action. There is no such material whatsoever which tends to show that the consignment in question ha..Category: Fiscal/Taxation Law | Date: | Hits: 79
....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......erajganj O & M Sub-Division.
3. During his incumbency under Serajganj O & M Division he was assigned to execute some important protective works, and executed successfully with entire satisfaction of his superiors. However, during this execution of works an incident took place in the Seraj..
Category: Employment/Service Law | Date: | Hits: 72
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