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Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....sed petitioner and others for the offence alleged to have been committed under sections 406/420/467/468/471/109 of the Penal Code and, as such, the Rule should be discharged as there is no ground for quashing the impugned order. 5. We have heard the leaned Advocate for the accused petitioner and ......titioner for which the impugned order is liable to be quashed. It is also argued that there is no ingredients of the offence under sections 406/420/467/468/471/109 of the Penal Code and, as such, the proceeding in question should be quashed and this submission for quashing the proceeding has been ma..Category: Criminal Law | Date: | Hits: 45
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. ......d. Ashfaqul Islam J.- This Rule was issued under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner calling upon the opposite parties to show cause as to why the proceeding of Petition Case No. 1741 of 2000 under section 138 of Negotiable Instruments Act, 1881 n..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......s of Special, Judge.‑ (1) The provisions of the Code of Criminal Procedure, 1898, except those of Chapter XXXVIII of that Code, shall so far as they are not inconsistent with this Act, apply to the proceedings of the Court of a Special Judge and for the purpose of the said provisions, the Court of..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......ons Judge has allowed the prosecution to exhibit the seizure lists and used them along with the allege confessional statement of PW2 in this case. Evidence recorded in one case may be used in another proceeding under section 33 of the Evidence Act under certain conditions. This section is not applic..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....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. ......ouse was adjacent to the house of Ismail Kha intervened by C&B Road and he, on hearing the shouting from the house of the Informant PW1, woke up and he and his younger brother PW6 Farook had been proceeding towards house of occurrence and heard sound of firing. He further stated that when they w..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......line and without Rules under section 12 for securing the purpose of the impugned Act and that the transfer of the petitioner as Inspector, in place of Appraiser is a demotion without any departmental proceeding and a violation of natural justice. He has further submitted that in the Schedule of the ..Category: Employment/Service Law | Date: | Hits: 116
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......dia Britannica is a procedure by which a Judge or Magistrate sets at liberty one who has been arrested upon receipt of security to ensure the released prisoner's later appearance in Court for further proceedings. 11. The Shorter Oxford English Dictionary gives the meaning for ‘Bail' Bond as sec..Category: Criminal Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......istant Attorney-General—For the State Respondent. Criminal Miscellaneous Case No. 2786 of 1995. Judgment SK Sinha J.- Points involved in this Rule are, whether a Magistrate can initiate a proceeding under section 188 of the Penal Code for alleged violation of his order without making a f..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....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. ......ot been specifically denied or challenged in this appeal. In such a situation let us consider whether there is any force in the argument advanced by the learned Advocate for the Revenue. 7. Before proceeding further let us consider the appropriate portion of the 6th Schedule and it runs as follow..Category: Fiscal/Taxation Law | Date: | Hits: 99
....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......itled to get the same but a photocopy was allowed. It has to be mentioned that no specific case was filed by the respondent Nos. 1 and 2 before the learned District and Sessions Judge or any judicial proceeding was initiated for the purpose of obtaining such permission. As no case or proceeding was ..
Category: Criminal Law | Date: | Hits: 41
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ...... 1 cannot be considered sufficient to constitute a bar against pre-emption. 9. The law on pre-emption is a beneficial legislation for the benefit of the co-sharers and contiguous land holders in a proceeding under section 96 of the State Acquisition and Tenancy Act and that statutory right cannot..Category: Property Law | Date: | Hits: 56
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......re of banking documents the petitioner moved this Court and obtained the present Rule. 4. Mr. Ahsanul Karim, the learned Advocate appearing on behalf of the petitioner, has submitted that since no proceeding is pending before any Court relating to the documents maintained with the petitioner Bank..Category: Anti-Corruption Laws | Date: | Hits: 153
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....96 for fresh trial of GR Case No.1 of 1983 of the Court of Magistrate, 1st Class, Noakhali should not be declared to have been passed without lawful authority and why direction should not be made for quashing proceedings against the petitioner in GR Case No.1 of 1983. 2. The relevant facts are th......esh trial of GR Case No.1 of 1983 of the Court of Magistrate, 1st Class, Noakhali should not be declared to have been passed without lawful authority and why direction should not be made for quashing proceedings against the petitioner in GR Case No.1 of 1983. 2. The relevant facts are that the pe..Category: Criminal Law | Date: | Hits: 56
....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......n these Rules are identical they were taken up together for hearing and this judgment would govern both the Rules.
2. Points raised by the learned Advocate in support of Rules are that no criminal proceeding is legally maintainable against petitioners under section 55 of the Industrial Relations ..
Category: Labour and Industrial Law | Date: | Hits: 184
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......ated that the writ petition was solely directed to make delay of the enquiry process.
5. Mr. Moudud Ahmed, learned Advocate appearing in support of the Rule, contended, first, that there must be a proceeding before any Court of law and unless there is a proceeding before any Court of law against ..
Category: Anti-Corruption Laws | Date: | Hits: 191
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......rney-General—For the Respondents. Writ Petition No. 1316 of 1995. Judgment Md. Awlad Ali J. - This Rule issued under Article 102 of the Constitution arises out of the impugned departmental proceeding and order dated 18-3-95 issued by the President, Taxes Appellate Tribunal, Dhaka suspendi..Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......e the loan is under ADP Scheme this falls within the category of short term loan, but no decision for altering the terms of the contract for making the loan as short term instead of long term in that proceeding was made. Mrs. Tania Amir has cited various decision of the English jurisdiction, Indian ..Category: Others | Date: | Hits: 95
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......aleque took his father for the said purpose. This witness further stated that accused Khaleque and his father-in-law were going ahead and accused Abul Kasaem, Ali Ashraf, Azad Mia and his father were proceeding behind them and, thereafter, accused Abul Kashem, Azad Mia and All Ashraf killed his fath..Category: Criminal Law | Date: | Hits: 42
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......ule offences of the Criminal Law Amendment Act 1958 and, as such, only the Special Judge is empowered by law to try such cases under section 5 of the Criminal Law Amendment Act 1958 and, as such, the proceeding adopted and constituted by the learned Sessions Judge as well as by the learned Additiona..Category: Criminal Law | Date: | Hits: 62
Harun and others Vs. State, 1998, 27 CLC (HCD)
....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......se No. 310 of 1998 and 142 of 1998 respectively. On perusal of the contents of the said GD Entry it appears that the accused-petitioners threatened the informant’s son Jahangir that in the event of proceeding with the case they would be removed from the world. This GD Entry cannot be overlooked in..Category: Criminal Law | Date: | Hits: 65
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