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Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......the case without jurisdiction. Mr. Huq lastly submits that the case should he sent hack for fresh trial after taking cognisance by Nari-o-Shishu Nirjatan Daman Tribunal Barguna, He however prayed for bail of the appellant. 11. Mr. Khandker Mahbub Hossain, the learned Advocate appearing for the ap..Category: Criminal Law | Date: | Hits: 33
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
....and order of conviction and sentence, which was justified and required to be sustained. The learned Assistant Attorney-General finally submits, that in this instant judgment appealed from there is no scope of interference, because the judgment of the trial Court delivered was perfect and was a produ......and therefore, by an affidavit the accused expressed and desired to lead an Islamic life and also desired to get himself circumcised for the performance of Sunna. We find that he was allowed to go on bail. From the order dated 23-21995, we find that the alleged victim refused to go to her father's..Category: Criminal Law | Date: | Hits: 40
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....act should be one which causes damage to the complainant. The essential ingredients for an offence of cheating is that on the basis of false representation, the complainant was deceived and he had no scope to examine the act of deception or false representation of the accused. To hold a person guilt......itioner Alhaj Abul Hashem be found not guilty of the charge levelled against him under section 420 of the Penal Code and he is acquitted there from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Cas..Category: Criminal Law | Date: | Hits: 41
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....under section 302 of the Penal Code. We have carefully examined the evidence on record from all aspects and we are of the opinion that the offence committed by this appellant does not come within the scope of section 302 of the Penal Code. It is quite probable that apart from the altercation between......r as it relates to appellant No. 2 Badaruddin Malitha is allowed. He is as quitted and his conviction and sentence under Section 323 of the Penal Code are set aside and he is also discharged from his bail-bond and the appeal so far as it relates to appellant No.1 Momin Malitha is allowed in part sub..Category: Criminal Law | Date: | Hits: 52
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....8.1.88. Therefore the order of detention Annexure-F dated 23.5.88 is illegal. We are of the view that the detention of the detenu is illegal, without any lawful authority and do not come within the scope of the Special Powers Act and is in contravention under Article 33(4) of the Constitution of......et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35...Category: Criminal Law | Date: | Hits: 29
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......r the aforementioned discussion, I do not find any reasons to strike down the order of conviction. 10. In the result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 ..Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......ellate court so far as it relates to conviction and sentence it is hereby maintained 9. In the result, the rule is discharged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported ..Category: Criminal Law | Date: | Hits: 37
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
....ngs were smuggled or when and where such smuggling took place. Thus it is found that the two grounds given for the detention were both vague and indefinite and such grounds as stated did not give any scope to the detenu to make any effective representation. Detention on such grounds is illegal and i...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18...Category: Criminal Law | Date: | Hits: 40
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....ng with the requirement thereof or obtained a direction from the Court by filing a separate application for compliance of the requirements. Under the provision of the Small Causes Courts Act there is scope for filing an application for compliance of the Court’s direction while praying for setting ......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......t the Higher Court is patronizing the terrorists, Nasim Tells JS (by staff correspondent). The Home Minister Mr. Mohammad Nasim has accused the Higher Courts of patronising terrorist by granting them bail indiscriminately. The Home Minister made the statements in the Jatiya Shangshad while replying ..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....as this respondent has no manner of control or authority over the proceeding of detention case which was originated by an order passed by the District Magistrate, Dhaka and the respondent No.4 has no scope either to advise the District Magistrate to pass any detention order nor any opportunity to kn...... Chisti @ Santo was arrested by the Police in an injured condition on the date of occurrence of murder of the detenu’s brother which occurred on 19-6-96 and the said Omar Chisti @ Santo was granted bail on 23-6-96. The story of enmity as published in the news paper was with an oblique motive with ..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......Criminal Procedure in appropriate cases specially from the cases charged under ordinary penal laws. (4) The Local Legal Aid Committees formed by the Government be instructed to move the Courts for bail of the Juvenile accused. (5) Juvenile accused in Jail must be kept apart from other prisone..Category: Criminal Law | Date: | Hits: 45
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....n 01- 06-95. Then, on 16-07-96 legal notice was sent to said defendant for renewal of the lease. But the lease was not renewed. Dispossession must be deemed to be from that date 31-05-96. There is no scope of deeming in respect of possession and dispossession which are very real things in life. In v......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ..Category: Civil Law | Date: | Hits: 82
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....thly quota. From this, it appears that they dispose the required number of cases as set by this Court. It is true that if the judges work hard and the local Bar co-operates with them, there may be scope of improvement in the matter of disposal of cases. These factors, must have been within the k......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ..Category: Criminal Law | Date: | Hits: 130
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....ng a written objection. It was mainly contended therein that there was no cause of action for the contractor for making the application. The work under the contract having not commenced, there was no scope for invoking the arbitration clause 50 of the contract. Under the contract, there might be som......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Md. Rana Vs. State, 2010, 39 CLC (AD)
....n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899....... the house-of the accuseds but could not find them. Thereafter, he lodged the FIR. After investigation, the police submitted charge-sheet against the petitioner and another. The petitioner obtained bail and thereafter absconded throughout the whole period of trial. The Assistant Sessions Judge, ..Category: Criminal Law | Date: | Hits: 39
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....s given without legal basis, it can exercise the power under Section 561A of the Code of Criminal Procedure for quashment and that in invoking jurisdiction under Section 561A of the Code, there is no scope to evaluate the evidence like the appellate Court for the purpose of setting aside the judgmen......r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626...Category: Criminal Law | Date: | Hits: 56
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....eposit of money as per order 21 rule 89 of the Code of Civil Procedure was not entertainable on this Court also. 6. However, considering the above facts and circumstances we find that there was no scope for setting aside the auction sale in question on the prayer for the respondent No.1 made lo......ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623...Category: Civil Law | Date: | Hits: 79
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
....s, the learned Judge of the High Court Division erred in law in maintaining the judgments of the Courts below allowing pre-emption. He further submitted that in a pre-emption proceeding there is no scope to examine whether or not the notices of the mutation proceeding were served upon the co-share......rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604...Category: Property Law | Date: | Hits: 22
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....sfied, would amount to an act of judicial extravagance which cannot be countenanced.” 21. This Division, in the case of State V. Abdul Wahab Shah Chowdhury 51 DLR (AD) (1999) 243, considered the scope of granting of an anticipatory bail. In that appeal, two cases from the High Court Division we......igh Court Division in Criminal Miscellaneous Case No.27040 of 2009) Judgment ABM Khariul Haque J.- This petition for leave to appeal is against the Order dated 08.12.2009, granting ad-interim bail to the respondent No.1 and directing the respondent Nos.2 to 14 to surrender before the Session..Category: Criminal Law | Date: | Hits: 68
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