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Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)

....peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ...... ten appellants is allowed. Case Referred to- 15 BLD 93. Lawyers Involved: Syed Ziaul Karim with Abdul Quader Mia, Advocates ‑ For the Appellants. Md. Abdur Rouf, Assistant Attorney-General ‑ For the State. Criminal Appeal No.2425 of 1993 with Criminal Appeal No.2527 of 1993. ......peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ..

Category: Criminal Law | Date: | Hits: 81

Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)

.... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ......ction 437 shall be emitted. But since the accused petitioner was discharged by the enquiring Magistrate before the Law Reforms Ordinance, 1978 came into force, his case, according to section 6 of the General Clauses Act, 1897 (Act X of 1897), will be governed by the provisions of the Code of Crimina......the learned Sessions Judge after com­plying with the provisions of section 437 Cr.P.C should order him to be committed to the Sessions Court for trial. The Public Prosecutor in consultation with the Police and the Deputy Commissioner apparently did not think if fit in this case in the interest of j..

Category: Criminal Law | Date: | Hits: 92

Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)

.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ......ir Ahmed, 16 DLR (SC) 722. Lawyers Involved: Zakir Ahmed, with Shah Md. Sirajul Hoque, Md. Oziullah and Rubaiyet-e-Ferdous, Advocates - For the Petitioner. Kaiseruddin Ahmed, Depute Attorney-General, with Md. Saidur Rahman, Assistant Attorney General - For the Respondents. Writ Petition ...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..

Category: Others | Date: | Hits: 168

Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)

....tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......ent was signed, we considered it fit, in view of the importance of the legal implication involved, to hear both sides again and, at our request, Mr. Abdul Wadud Bhuiyan, learned Additional Attorney‑General, appeared to assist the Court as amicus curiae. Short facts of the Revision Cases are, th......tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ..

Category: Civil Law | Date: | Hits: 87

Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......al effect. 2. The relevant facts, for disposal of this Rule, in short, are that on 18-4-2008 one Md. Hasan Ferdous Sarker, Senior Upazila Fishery Officer, Mithapukur, lodged an FIR with Mithapukur Police Station, Rangpur against this petitioner under Sections 406/420/409/ 467/471/109 of the Penal..

Category: Anti-Corruption Laws | Date: | Hits: 142

Saint Martin Commodities Limited Vs. Chairman & Joint Commissioner, Licensing Authority, Customs House & Others, 2010, 39 CLC (HCD)

....aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 49. ......spondents Judgment February 23, 2010. Result: The Rule is made absolute. Lawyers Involved: Gazi Md. Mohsin, Advocate - For the Petitioner. SM Moniruzzaman, Assistant Attorney-General - For the Respondents. Writ Petition No.7287 of 2007. Judgment Md. Ashfaqul Islam J......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 49. ..

Category: Business or Commercial Law | Date: | Hits: 656

Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......ustodian Enemy Property, 51 DLR 300. Lawyers Involved: Md. Abdul Alim with SK Reazul Hoque and Md. Shawakat Hossain, Advocates - For the Appellants. Shashanka Shekhar Sarker, Deputy Attorney-General with Shamim Ahsan, Assistant Attorney-General and Bibhuti Bhasan Biswas, Assistant Attorney-...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...

Category: Property Law | Date: | Hits: 147

Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......igh Court Division (Sylhet Bench) (Special Original Jurisdiction) Present: Syed Misbahuddin Hossain J Qazi Shafiuddin J Mannaco Lab. Ltd.......................Petitioner Vs. General Certificate Officer & Bangladesh Shilpa Bank, Taltola, Hill Town Hotel........................ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ..

Category: Civil Law | Date: | Hits: 171

Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)

....tances of the case. Firstly, it may be pointed out that the First Information Report is not a substantive evidence at all and it is not an encyclopedia In the instant case, it was lodged by the Sub‑Inspector of Police only after receiving the Post Mortem report of the dead body of the victim and t......Rafique and another, 43 DLR (AD) 92. Lawyers Involved: Khondker Mahbub Hossain with Md. Afzal Hossain and Golam Kibria, Advocates ‑ For the Appellant. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Appeal No.1269 of 1991. Judgment Md. Ansar Ali J.- This......ng out of GR Case No.8 of 1990 (Bamna) vide Judgment and order dated 25‑7‑1991. 3. The prosecution case as stated on the basis of the First Information Report lodged by Officer-in-Charge Bamna Police station within the District of Barguna is, that in view of an information given by the accuse..

Category: Criminal Law | Date: | Hits: 135

Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)

....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......fs case, as unfolds from the plaint, is that when rent fallen due Darika Nath brought Rent Suit 27/9 of 1937 under the Bengal Agricultural Debtore Act, 1935 before Rather Debt Settlement Board within Police Station, Rani Shankail, which was disposed of on 26‑9‑1938 (para 2 of the plaint). In tha..

Category: Property Law | Date: | Hits: 123

Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....detention under Special Powers Act on the allegation that he was acting against the economic interest of the State. The order of detention was served on the detenu on 6.3.89 and he was arrested by an Inspector of Special Branch from his office on the same day. Subsequently the detenu was also served...... Vs. State of West Bengal, 1974 IV Supreme Court Cases 1. 7975 (2) Supreme Court Cases, 78. Lawyers Involved: Aminul Huq, Advocate—For the Petitioner. AKM Shamsul Karim, Assistant Attorney General—For the State. Criminal Miscellaneous Case No. 100 of 1989. Judgment Latifur Rah......­tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153...

Category: Criminal Law | Date: | Hits: 109

Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)

.... pro­ceedings of D.A.B. Non F.I.R. Case No.717 dated 6.8.86 and D.A.B.G.R. No.76 of 1986 under sec­tion 175 of the Penal Code. 2. The petitioner's case, in short, is that one Mr. Abdul Khaleque, Inspector, District Anti-Corruption Bureau, Commissioner's Building, Dha­ka by his letter dated 21.......e has asked for certain kabalas and other relevant documents. The word "document" has not been defined in the Code of Criminal Procedure. This word has reference in sub-section (16) of sec­tion 3 of General Clauses Act and section 3 of the Evidence Act. 7. From the perusal of the papers filed it...... F.I.R. Case un­der section 175 of the Penal Code which is a non schedule offence. 4. Section 94 of the Code of Criminal Proce­dure provided that whenever any Court or any Officer-in-Charge of a Police Station considers that the production of any document or other thing is neces­sary or desira..

Category: Procedural Law | Date: | Hits: 118

Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)

....nder this Act without the ac­cused being committed to it for trial, but shall not take cognizance of any such offence except on a report in writing made by a police officer not below the rank of Sub-Inspector." Sub-section (7) of section 27 of the Act is ex­pressed in the following terms:— ......y the Magistrate and the record was not forwarded to him in due process by the com­petent Court so as to enable him to deal with the same. 8. Mr. Kaiser Uddin Ahmed, the learned Depu­ty Attorney-General for the State, submits that though the record was called for by the Session; Judge under sec......o.149 of 1988) was regis­tered and started against the accused petitioner under sections 158(89) of the Customs Act read with sec­tion 25B and 25D of the Special Powers Act, 1974. Superintendent of Police after investigation submit­ted final report in the case on 10-10-1988 under sec­tion 173 of..

Category: Criminal Law | Date: | Hits: 103

Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ..

Category: Civil Law | Date: | Hits: 119

Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)

..... The Ses­sions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ......ite Party Judgment June 27, 1989. Result: The Rule is discharged. Lawyers Involved: Humayun Hussain Khan, Advocate—For the Petitioners. A.K.M. Shamsul Karim, Assistant Attorney General with S.B. Barua, Advocate-For the State. Criminal Revision No.16 of 1988. Judgment ...... Case No.136 of 1986 under sections 302/34 of the Penal Code reviv­ing the Sessions Case under section 339D of the Code of Criminal Procedure. 2. It appears that the Officer-in-Charge of Gopalpur Police Station lodged a First Information Re­port on 4.10.84 in the present case alleging about the..

Category: Procedural Law | Date: | Hits: 143

Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)

....ad with section 25 of the Special Powers Act, 1974 pending in the Court of Special Tribunal No.2, Dha­ka. 2. The present case arose on the basis of a first information report lodged by one Police Inspector, C.I.D., Dhaka on 19.6.88 in which it is alleged that while investigating Tejgaon P.S. Cas......elated to cases, of taking cognizance by a Magistrate are not relevant for our purpose. Thus the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 136. ...... Act read with section 25 of the Special Powers Act, 1974 pending in the Court of Special Tribunal No.2, Dha­ka. 2. The present case arose on the basis of a first information report lodged by one Police Inspector, C.I.D., Dhaka on 19.6.88 in which it is alleged that while investigating Tejgaon P..

Category: Criminal Law | Date: | Hits: 84

Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)

....5-2001 lodged a First Information Report with Lalbagh Police Station stating, inter alia, that on 12-5-2001 under the leadership of Ms Rashida Sultana, Assistant Commissioner of Police, Rabiul Haque, Inspector of Police, Md. Farhad-uz-zaman, Shahidul Islam, Debasish Chowdhury, Akhter Nowshad, Ayub A......ul Vs. State, 53 DLR (AD) 21; Aslam Jahangir Vs. State, 20 BLD 426. Lawyers Involved: Abdur Rashid, with Abdul Gaffar, Advocates - For the Appellant. SM Asadullah Tarique, Assistant Attorney-General - For the State. Criminal Appeal No.3801 of 2004. Judgment M Enayetur Rahim J.- Con......onment for 10 years and 7 years respectively and to run concurrently. 2. Prosecution Case, in short, is that PW 7 SI Md. Mahbubur Rahman on 12-5-2001 lodged a First Information Report with Lalbagh Police Station stating, inter alia, that on 12-5-2001 under the leadership of Ms Rashida Sultana, As..

Category: Criminal Law | Date: | Hits: 128

Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)

....of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ......lam with Sheikh Fazle Noor Taposh, Abdul Matin Khasru, AKM Rabiul Hassan, Mohammad Mehedi Hasan Chowdhury and Md. Selim Jahangir, Advocates - For the Accused-Petitioner. Md. Salim, Deputy Attorney-General with Dr. Md. Bashir Ullah, Assistant Attorney-General and Md. Zakir Hossain Ripon, Assistant...... orders as to this Court may seem fit and proper. 3. The fact relevant for disposal of the rule, in short, is that the then Government through the Bureau of Anti Corruption lodged FIR with Tejgaon Police Station upon which Tejgaon Police Station Case No.34 dated 7-8-2002 under sections 409/418/10..

Category: Criminal Law | Date: | Hits: 106

People's Republic of Bangla­desh Vs. Chairman, Court of Settlement of Bangladesh and another, 1995, 24 CLC (HCD)

....n we need not embark on discussion on merit. In the result, this petition is rejected on the ground of inordinate delay. No costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 502. ......ildings, Dhaka and another......................Respondents Judgment June 26, 1995. Result: The petition is rejected. Lawyers Involved: Mashuque Hossain Ahmed, Assistant Attorney‑General ‑ For the Petitioner. Not Represented ‑ For the Opposite Parties. Writ Petition No......n we need not embark on discussion on merit. In the result, this petition is rejected on the ground of inordinate delay. No costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 502. ..

Category: Limitation Law | Date: | Hits: 230

Eliadah McCord Vs. State, 1995, 24 CLC (HCD)

....icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......owed in part. Lawyers Involved: Obaidur Rahman Mostafa with Farid Ahmed, Syed Khalequzzaman, Bahreen Khan and Rezeen Taheer, Advocates ‑ For the Appellant. M. Shamsul Alam, Deputy Attorney General ‑ For the State. Criminal Miscellaneous Case No.2085 of 1995. Criminal Appeal No.166......at an absolute doubt was created in such a circumstances inasmuch as Magistrate permitted to send 5 Grams of powder for chemical examination whereas the chemical examiner got 6.5 Grams from the SI of Police. Further, it appears that these 5 Grains of white powder were taken in presence, of the Magis..

Category: Criminal Law | Date: | Hits: 162