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Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....ring the case under sections 241A and 242 of the Code of Criminal Procedure to determine whether charge should be framed against the accused or they should be discharged the learned Magistrate had no scope to consider the defence materials. Instead he should have fixed his attention to the allegatio......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
....examination of 15 prosecution witnesses and closure of the prosecution evidence and also after examination of the accused‑appellants under section 342 of the Code of Criminal Procedure there was no scope for consideration of the aforesaid petition which is not tenable in law. 3. Being aggrieved...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ..Category: Criminal Law | Date: | Hits: 48
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. ...... lodged the first information report on the basis of which a case being started under Arms Act, charge‑sheet also has been submitted on 27‑11‑2002 and that the writ petitioner without obtaining bail from any Court of law filed the instant writ petition on 20‑1‑2003 when a warrant of arrest..Category: Criminal Law | Date: | Hits: 63
....’s office at Mirpur (though denied by the petitioners.) All these facts taken together the instant case clearly fell within the exclusive jurisdiction of the 3rd Labour Court, Dhaka and there is no scope for assuming that this was a case which fell within the concurrent jurisdiction of the 3rd Lab...... 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.
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Category: Labour and Industrial Law | Date: | Hits: 186
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
.... of the party is justified or otherwise. It is necessary to take recourse to the terms of the contract for the purpose of deciding the matter in dispute, it must be held that the matter is within the scope of the arbitration clause and the arbitrators have jurisdiction to decide that dispute." 15......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......g the learned Metropolitan Magistrate gave the truck in his Jimma on 9‑10-2002 and subsequently, on 8‑4‑2003 the learned Metropolitan Magistrate at the time of granting the accused-petitioner bail cancelled the previous order of Jimma with a direction to give the truck in the Jimina of the T..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....he offender. 7. Mr. Altafur Rahman, the learned Deputy Attorney-General appearing on behalf of the State, submits that the questions of fact and evaluation of evidence on record are not within the scope of the present forum and the case may be sent on remand to the appellate Court giving opportun......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208...Category: Criminal Law | Date: | Hits: 39
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. ......the complainant under section 200 of the Code of Criminal Procedure the learned Magistrate took cognisance and issued summons against the accused petitioner. On surrender, the accused was enlarged on bail on 29‑1‑2000 by the learned Magistrate and the charge was framed against the accused on 23..Category: Banking Law | Date: | Hits: 237
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....tain whether a person died under suspicious circumstances or an unnatural death and if so, what is the apparent cause of death. The question regarding the details of death is foreign to the ambit and scope of proceeding under section 174 of The Code of Criminal Procedure. 39. Before adverting to ......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. ..Category: Criminal Law | Date: | Hits: 54
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ny was recognised as ICD by the said SRO on 2‑12‑1999. 10. The appreciation of the arguments advanced by both the sides would, in our view, mostly depend on the understanding of the nature and scope of the subordinate legislation i.e. the SRO dated 2‑12‑1999, and the necessary interpretat......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...Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....n 438 provision for Anticipatory Bail with positive condition had been made. In our although Provision for granting anticipatory bail has not been made in the Code through judicial pronouncements but scope and law of Anticipatory bail have been set out. In State Vs. Abdul Wahab Shah Chowdhury and an......Anticipatory Bail. 3. To probe into the question posed, the meaning of Anticipatory Bail may be gathered. 4. What is the meaning of Anticipatory Bail? Before getting the meaning of anticipatory bail, we can straightaway trace out the meaning of the word 'bail." 5. The word 'Bail has not bee..Category: Criminal Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....e is legally not maintainable after the Sessions Judges have been invested with the powers under section 439A of the Code of Criminal Procedure. The learned Sessions Judge was totally confused of the scope and application of section 438 of the Code. Even after the amendment of the Code of Criminal P......such report contains a recommendation that a sentence be reversed or altered, may order that the execution of such sentence be suspended, and, if the accused is in confinement, that he be released on bail or on his own bond.” (2)…………………………………………. In India as p..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....the case of Ibne Sina Trust in Reference Application Nos. 4-7 of 1991 and a Division Bench of this Court in which one of us was a party decided that where the purpose is wholly charitable there is no scope for it to set apart its income for charity as it is bound to spend its income on charity. The ......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....er hand, has placed before me the case of Abdur Razzaque Dhali and another Vs. Hajee Ashrafun Nessa and others, reported in 37 DLR 271 in which a Division Bench of this Court considered at length the scope of section 10 of the Code of Civil Procedure and held that all the matters in issue in the two......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...Category: Property Law | Date: | Hits: 57
.... the respondent No. 3 to dispose of the review petition on its merit within one month from the date of the said demand of justice notice. The respondent No. 5 informed the petitioner that there is no scope of re-consideration of the review petition. The true copy of the demand of justice notice as w......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...
Category: Employment/Service Law | Date: | Hits: 72
State Vs. Mukta Khan and another, 2011, 40 CLC (AD)
....ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......114/34 of the Penal Code, pending in the Court of the Judicial Magistrate, Jhinaidah. The High Court Division also made an observation that the concerned Court "may enlarge the petitioners on regular bail considering the facts, circumstances and materials on record" if they surrender as per directio..Category: Criminal Law | Date: | Hits: 55
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......t Magistrate, Chandpur in Criminal Case No.162 of 1991 is set aside and accused petitioner Md. Hanif Sk. is acquitted of the charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51..Category: Criminal Law | Date: | Hits: 67
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....nor a person having interest in the company and therefore the respondent banks are not supposed to report the petitioner’s name to Bangladesh Bank describing her as a defaulting borrower within the scope of section 27 KaKa of the Bank Companies Act, 1991. 4. The learned Advocate further submits......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......i.e. on 2.12.2008 the police arrested the petitioner and sent him to prison. Being aggrieved by the said order, the petitioner moved the present writ petition, obtained a Rule and ad-interim order of bail, which was extended from time to time. 3. The Khulna Branch of Islamic Bank Bangladesh Ltd. ..Category: Civil Law | Date: | Hits: 169
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled, in any Criminal Case, to be witness against himself….” 12. Thus Article 35(2) incorporated within its scope the plea of “autre fois convict” as known to the British jurisprudence or the plea of doub...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...Category: Criminal Law | Date: | Hits: 56
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