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Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......that the deceased was unwilling to miscarriage and the appellant forcibly caused miscarriage suffers from infirmity and is unworthy of credit. 31. Having, regard to the above finding we are of the view that the prosecution has been able to prove beyond reasonable doubt that the appellant with int..Category: Criminal Law | Date: | Hits: 69
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ...... he submits that since in the first information repot there is no definite allegation of cheating, inducement as well as misappropriation of company's money against the accused petitioner and in that view of the matter, continuation of the impugned proceeding against the accused petitioner is tantam..Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......adhan Mahajan has been given benefit of doubt as per evidence of P.W.1. The Divisional Special Judge ought not to have discriminated the case of the accused appellant. He ought to have taken the same view in case of accused appellant. 27. It further appears from the record that 240 mounds of whea..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ...... re-examine a witness is that he or she has already been examined. In the instant case as already stated above, both the said p.ws., that is, 10 and 17 were tendered by the prosecution. We are of the view that tendering of a witness by no means can be taken or accepted as examination. Moreso, when t..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ....... The expatriate workers have been contributing to our economy by remitting their hard earned foreign exchange. Any corrupt practice to trade upon their miseries should be dealt with strictly. In view of the above, we do not find any merit in the Rule. Accordingly the Rule is discharged. Sta..Category: Constitutional Law | Date: | Hits: 407
Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)
....Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......e challenged under article 102 of the Constitution. The impugned nomination was passed at the instance of the Chairman of National Sports Council himself, who is holding its highest position. In that view of the matter, an appeal before the same Council under article 9 of the Model Constitution is n..Category: Others | Date: | Hits: 94
Category: Others | Date: | Hits: 103
Shamsul Alam Pathan Vs. State and M/S. Rahimafrooz Distribution Ltd., 2010, 39 CLC (HCD)
....f so advised, the petitioner may surrender before the Court below. 5. With the above observations this application is disposed of. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 583. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties M/S. Rahimafrooz Distribution Ltd………………………Opposite Parties Judgment June 8, 2010. Result: The application is disposed of. In view of the provisions of section 496 of the Code of Criminal Procedure a Court is bound to give bai..Category: Criminal Law | Date: | Hits: 101
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......thing regarding delivery of possession in their examination in chief, but in cross-examination P.W.5 stated that defendant No.1 and 2 handed over possession to the plaintiff of the suit land. In such view of the matter I hold that the plaintiff could not prove taking of possession of the suit land a..Category: Property Law | Date: | Hits: 103
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......he Court The Writ Court under Article 102 of the Constitution can not interfere with the administrative approval accorded by the Government and administrative approval is not subject to judicial review................................(20) Cases Referred to- Golam Murtaza Bhuiyan and othersVs..Category: Administrative Law | Date: | Hits: 261
Haji Azizur RahÂman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur RahÂman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......on to hear and dispose of revisional application under Chapter XXXII of the Code of Criminal Procedure Mr. Mokbul Ahmed, the learned Advocate for the accused petitioners does not press this ground in view of the above decision. 7. The provision of section 241A which has been inserted in Chapter X..Category: Procedural Law | Date: | Hits: 78
Advocate SM Zafor Sadik Vs. Md. Kamruzzaman and another, 2009, 38 CLC (HCD)
.... contempt Rule against them. We only pray for their salvation. With these observations, this petition for contempt is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 737. ...... the newspapers are uncalled for and ought not to have been made by any reasonable person. 8. Unfortunately, the respondents made such statements which are no doubt contemptuous. But we are of the view that the respondents possibly could not appreciate that by making such statements, they not onl..Category: Civil Law | Date: | Hits: 112
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......e P.Ws. and closed the evidence and fixed a date for argument without fixing any date for examination of the accused under section 342 CrPC. 12. From the facts and circumstances of the case and in view of the decisions as quoted above, it is very difficult to hold that the accused appellant Mosta..Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......ed from the trial though has some merit but language under section 8 (a) of the aforesaid Act does not speak about conclusion of the trial but speaks about conclusion of the proceeding. 5. In that view of the matter period upto 27‑8‑89 cannot be excluded from the proceeding of the special cas..Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......n Vs. Deputy Commissioner, Sargodha and another, reported in PLD 1968 (Paragraph 4) it has been observed that: "Even in the case of Order VI, rules 14 and 15, CPC there is ample authority for the view that signing and verification of plaints are mere matters of procedure, and even if a plaint is..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disÂposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ...... 6. Mr. Manzill Murshid, learned Advocate appearing in support of the Rule submits that since the matter has been dealt with by a Court martial there cannot be any further criminal prosecution in view of Article 35(2) of the Constitution. However, he points out that the reduction in the sentence..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of BanglaÂdesh and others, 2009, 38 CLC (HCD)
..... Office is directed to send down the records of this case at once with a copy of Judgment for inforÂmation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......failed to prove his title and continuous posÂsession in the suit land more than sixty years so he is not entitled to get a decree on consideration of the adverse possession against the Government in view of the provisions laid down in section 26(2) of the Limitation Act, 1908. In support of their c..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......tion) 342 statement the accused made no grievance about his torture alleged to have been made by the police for obtaining a confessional statement. While the trial Court kept (Section) 342 Cr.P.C. in view it is unfortunate that one of the important items for linking up the accused with the crime, na..Category: Criminal Law | Date: | Hits: 83
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......Regulation Act, 1947 means a written allegation which is not an FIR but in the instant case the said case being initiated by way of lodging FIR there is no complaint in the instant case within the purview of section 23(3) of the Foreign Exchange Regulation Act, 1947 and, as such, the case is not ini..Category: Criminal Law | Date: | Hits: 109
SM Siddiqur Rahman, Advocate Vs. Anti-Corruption CommiÂssion and others, 2011, 40 CLC (HCD)
....he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ......rs that admittedly the petitioner filed the present writ petition by giving Power of Attorney to learned Advocate SM Siddiqur Rahman without surrenderÂing before the concern Court below. However, in view of the ratio as decided by the Appellate Division in Anti-Corruption Commission Vs. Dr. HBM Iqb..Category: Procedural Law | Date: | Hits: 104