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....y Nos. 3 and 4 are directed to release the victim Nazma Akhter from "Nirapad Abason Kendra" under Shamaj Sheba Adhidaptar, Barisal at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 447.
......m's present age is admittedly about 20 years. The learned Advocate has also submitted that the accused Uttam Debanath has embraced Islam and his present name is Jashim and he has already been granted bail by the Court long before and that he married the victim Nazma Akhter long ago and now he is ver..
Category: Criminal Law | Date: | Hits: 41
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....ical test and report. It is quite obvious that in the absence of any chemical test report with opinion about existence of codin in the contents of any of the seized bottles of Phensidyl, there was no scope for proceeding against the accused for offence under section 19(1)3 (ka) or 3 (kha) of Narcoti......not be set aside or to pass such order or other order or orders as the Court may deem fit and proper. 2. Rule was made returnable within 2 weeks. 3. Convict-appellant petitioner was enlarged on bail for a period of 6 months, which was extended till disposal of the Rule. 4. Rule being ready ..Category: Criminal Law | Date: | Hits: 30
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....there is no finding on the records that the petitioners' conduct and work was unsatisfactory or that they were not likely to become efficient and hence their termination is arbitrary and beyond the scope of law. 11. Mr. Islam lastly submits that the authority is not empowered to terminate o......iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ..Category: Employment/Service Law | Date: | Hits: 107
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....ame time directed that 3 other accused persons should be made witnesses in the same case against the petitioner which indicates that the sanction order was defective and mala fide as it is beyond the scope of the sanctioning authority to decide who is to be a witness or not in the prosecution case. ...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ..Category: Anti-Corruption Laws | Date: | Hits: 140
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....puller, who admittedly brought the dead body to the hospital, we have nothing to disagree with finding of the trial Court that the victim died around 8 to 840 PM on 3-7-2001. So, we cannot find any scope to entertain controversy on the question of date, time and nature of death of the deceased. ......Mannan @ VP Mannan, Akhter Hossain, Ziauddin @ Bayes and Forkan entered appearance and stood for trial. Again accused Kajal Ahmed Jalali, Forkan, Akhter Hossain, Ziauddin @ Bayes absconded on getting bail and trial was held in absentia against the absconding accused persons in accordance with law pr..Category: Criminal Law | Date: | Hits: 109
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......sed No.2, Abdul Majid Miah, the husband of accused petitioner No. l died at Dhaka, the learned Magistrate, 1st Class, Madaripur, on humanitarian ground released the accused petitioner Nos. 1 and 2 on bail. Thereafter, on 17-1-2001 and 28-1-2001 the other accused persons also obtained release on bail..Category: Criminal Law | Date: | Hits: 28
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....r section 173 of the Code, these reports cannot be made public and, as such, section 76 of the Evidence Act cannot be resorted to demanding certified copies of such statement. He further submits that scope of such right, if any, of the accused to get the copies, is a question to be dealt with, not u......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ..Category: Criminal Law | Date: | Hits: 25
N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....pinion, the income of the assessee could not be deduced therefrom. In the instant case there is no such objection on the part of the DCT and, as such, it appears that in the instant case there was no scope for the DCT to resort to the proviso to sub-section (4) of section 35 of the Ordinance and to ...... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132...Category: Fiscal/Taxation Law | Date: | Hits: 72
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
.... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ...... after preferring a miscellaneous application before the High Court Division, being Criminal Miscellaneous No. 6681 of 2000, under section 498 of the Code of Criminal Procedure, obtained ad interim bail on 13-11-2000. Thereafter, challenging the entire proceeding in GR Case No. 3452 of 2000, the..Category: Criminal Law | Date: | Hits: 81
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....he provisions of the Act. Second part of section 17 says, “no appeal shall lie from such decree except on the ground that it is in excess, of, or not otherwise in accordance with, the award”. The scope of an appeal provided from the decree appears to be limited. The appeal is available only when......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128...Category: Property Law | Date: | Hits: 31
Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)
....dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ...... on S.A. under Section 200 of the Code of Criminal Procedure and issued warrant of arrest fixing on 03.07.2006 as the next date and the accused petitioner appeared in Court on 03.05.2006 and obtained bail. 4. The case was later on transferred to the Court of the learned Sessions Judge who receiv..Category: Criminal Law | Date: | Hits: 45
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
....tainment of possession. Title may have a bearing on the question of possession and for that purpose may be relevant, but an inquiry into title as such is of no avail.” There is no doubt that the scope of enquiry under Order XXl rule 58 of the Code is very limited, which is confined to the quest...... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123...Category: Property Law | Date: | Hits: 27
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ...... be detained under preventive detention. 4. Next, Mr. Islam has submitted that there is reference of three cases in the grounds of detention and in all those three cases the detenu was released on bail and in the last case which involves section 302 of the Penal Code, the detenu was anticipatory ..Category: Criminal Law | Date: | Hits: 34
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....PO No. 16 of 1972 such sale is null and void. The Tribunal has held that the inclusion of the case property in the 'Kha' list of the abandoned building was rightly done and thus held that there is no scope for exclusion of the case property from such list. 22. As against the said finding of Court......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ..Category: Property Law | Date: | Hits: 30
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......ing satisfied with the relevant papers, documents and the evidence of PWs, convicted and sentenced the convict petitioner as aforesaid on 10-2-98. 4. The convict petitioner after being enlarged on bail from the court of Magistrate remained absconding and, as such, trial was held in absentia. T..Category: Criminal Law | Date: | Hits: 37
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
....ules with the above observation. 9. Petitions for special leave were, however, made to the Appellate Division but the same were dismissed upon the view that the Labour Court did not act beyond the scope of section 25 of the Act in directing the employer to give termination benefits instead of ord...... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ..Category: Labour and Industrial Law | Date: | Hits: 124
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... of the army, but since admittedly, when the impugned lease deed was executed and registered this land and the house thereon was occupied by the petitioner and her sons-who were civilians there is no scope to say that the said land was in active occupation of the army. But we can not accept this con......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..Category: Property Law | Date: | Hits: 88
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
.... shall also apply to the arbitration if the place of that arbitration is outside Bangladesh.” 5. According to Mr. Mahmud, sections 45, 46 and 47 of the Arbitration Act are made exceptions to the scope of section 3 since under these sections foreign arbitration awards are made enforceable in thi......ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......illage‑ Nurdha, PS Shatha, District‑ Pabna be set at liberty if not wanted in connection with any other case and let appellant Idris alias Ali, son of late Rajab Ali Sheikh be discharged from his bail bond. Let a copy of this judgment be forwarded to the court of Additional Sessions judge, Co..Category: Criminal Law | Date: | Hits: 38
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
....at committed any illegality in passing the impugned order of civil imprisonment of the petitioner. 6. Mr. Sobhan has pointed out that the provisions of section 6 ka is vague and, as such, there is scope of arbitrary exercise of power by Artha Rim Adalat. For proper appreciation of the legal posit...... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ..Category: Civil Law | Date: | Hits: 89
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