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.... various other writs were used for the purpose of enforcing the right of personal liberty. In the course of time the efficiency of the remedy was greatly impaired by certain decisions of the King’s Bench Division as to the cases to which writ was applicable. Continued abuses and evasions of the re...... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266...
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
.... question whether parallel proceedings may be continued or not came up for decision in so many cases before the Indian Supreme Court. In the case of Biram Chand Vs. State of Uttar Pradesh, a Division Bench of Supreme Court of India held that the if the authority concerned makes an order of detention......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....e where there are ocular witnesses of the occurrence. 10. Before parting with the record we like to observe that in this case there are marathon cross examinations and it is difficult for both the Bench and the Bar to find out the material substance of the cross-examination and on our meticulous ......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ..Category: Criminal Law | Date: | Hits: 42
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....s the court’s duty to take a decision in the matter. Therefore, this application is maintainable. Mr. Majumder in support of his contention has relied on the unreported judgment given by a Division Bench in Trade Mark Appeal No. 5 of 1987 wherein one of us was a party and there it was held that th...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..Category: Intellectual Property Law | Date: | Hits: 181
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... of Civil Procedure. In support of his contention Mr. Garib Newaz referred to me the case of Safar Ali Miah and others Vs. Badsha @ Siddique and others reported in 45 DLR 483. In this case a Division Bench of this Court with reference to ‘sufficient cause’ on the subject held that for wilful dis...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ..Category: Procedural Law | Date: | Hits: 79
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....rom further evidence, involvement of some more persons is prima facie proved, then there is no bar in adding those persons as accused in the case. 9. Almost similar question came before a Division Bench of this Court which is reported in 47 DLR 563 in the case of Golam Mustafa Vs State. In that c......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184...Category: Procedural Law | Date: | Hits: 65
....g a criminal case before the Chief Metropolitan Magistrate for the same act of default and on that ground also the petitioner challenge the legality of the detention. It has been held by a Division Bench of this Court reported in 20 DLR 1968 at page 1005 that where specific case has been started i......
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193...
Category: Banking Law | Date: | Hits: 151
State Vs. MA Monir & Others, 1987, 16 CLC (HCD)
....State. Mozammel Haque Bhuiyan and AMM Rahim- For the Contemner Nos. 2-4. Contempt Case No. 5 of 1986 Judgment Mustafa Kamal J. - This Rule of contempt was issued by the erstwhile Comilla Bench to which one of us was a party asking the four contemners to show cause why they shall not be ......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183...Category: Criminal Law | Date: | Hits: 35
....High Court Division in Civil Revision No.1802 of 2008.)
Judgment
SK Sinha J. - This petition for leave to appeal is directed against the judgment and order dated 27th October, 2008 of a Single Bench of the High Court Division in Civil Revision No. 1802 of 2008.
2. Short facts relevant for ......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
..
Category: Procedural Law | Date: | Hits: 68
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....follows: If any one of the grounds or reasons that led to the satisfaction is irrelevant the order of detention would be invalid even if there were other relevant grounds. In this decision a Division Bench of this court relied on the case reported in PLD 1959 (Dacca) 774, AIR 1959 (SC) 179, AIR 1966......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....ion.” While concurring with the conclusion allowing the appeal, Mr. Shahabuddin Ahmed, J, as his Lordship then was, on the point reserved his verdict as hereunder- “Secondly, a Full Bench of the High Court in the case of ‘Brindaban Chandra Chowdhury Vs. Rezia Begum’; 16 DLR 77 ......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ated in the capital Headquarters granting of only one day to an Advocate is unusual. Moreover, the first order dated 16-3-99 was passed on the petition and not on the order sheet which shows that the Bench Assistant of the Court was not upto-date with his duty. 13. The Advocate Commissioner Mr. A......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
....ference Application No. 8/97 and Reference Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 and ITA No. 792 of 1992-93 passed by the Taxes Appellate Tribunal, Dhaka Bench-3. Similar questions have been formulated in both the reference applications and those are ans......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168...
Category: Fiscal/Taxation Law | Date: | Hits: 65
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....rst information report, both the trial Court and High Court Division correctly left the first information report out of consideration. 50. In the case of Shahjahan vs. State, 46 DLR 575 a Division Bench of this Court observed: "In the instant case by the GD Entry in question, the law was alrea......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....ng the warrant of arrest, it is apparent that the accused petitioners are fugitives from justice. 12. In the case of Khalilur Rahman vs. State, relied on an unreported decision of the Special Bench dated 13-4-1978 passed in Criminal Appeal No. 472 of 1968, that is, the case of Nirmal Krishna......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..Category: Criminal Law | Date: | Hits: 97
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....d into different heads of income. Interest from the securities was assessed under head "Interest from securities". In answering the questions in the negative and in favour of the assessee, a Division Bench of this Division observed, "In the facts and circumstances of the present case, we hold that t......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...Category: Constitutional Law | Date: | Hits: 168
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....sion of this division and reported in 40 DLR 273. He submitted that very basis of the concept of vested rights and/or the principles of estoppel were first initiated in our jurisdiction by a Division Bench presided over Mr. Justice Mustafa Kamal, as His Lordship was then, on the view that sections 1...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....the Appellate Division held that counter-claim was not patently maintainable. 8. In an unreported decision in Civil Revision No. 3542 of 1992 Carabean Travels Ltd. Vs. Eastern Bank Ltd. a Division Bench of the High Court Division after perusing the contents of Sultana Jute Mills case reported in ......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ..Category: Procedural Law | Date: | Hits: 67
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