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.... is totally misconceived.
20. In the exercise of its discretion in ad the defendant Nos.4 and 5 by the impugned order dated 04-01-2001, the trial Court therefore acted judiciously, and there is no scope for this Division to interfere with such sound exercise of discretion. So, the submissions of ......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
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Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
.... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......id 8 (Eight) first information report named accused and also against accused Labu Mia, son of Atiar Rahman stating, inter alia in the charge sheet that the aforesaid 8 (Eight) accused persons were on bail but accused Labu Mia was absconding. 5. The charge sheet being received by the learned Magis..Category: Criminal Law | Date: | Hits: 101
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
.... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ......lt the Rule is made absolute. The proceeding of CR No. 315 (ka) 99 (TR No.172/99) pending in the Court of Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) ..Category: Criminal Law | Date: | Hits: 42
Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)
....ive brothers of Keshob Lal Ghosh who did neither get himself impleaded in the Title Suit No. 36 of 1971 nor claim the 'Kha' scheduled land as the property of the jointly family, there is hardly any scope for the plaintiffs to challenge the veracity of those aspects of the matter in the instant cas......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501...Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission Vs. Nargis Begum & others, 2009, 38 CLC (AD)
....only when any person after receipt of an order under section 26(1) would not file statement of assets or submit false or fraudulent statement of assets. In the commission of such offence, there is no scope for anybody to abet. Similarly, offence under section 27(1) of the ACC Act, 2004 is an aggrava......e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279. ..Category: Anti-Corruption Laws | Date: | Hits: 168
Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)
.... after that and the order of such withdrawal must be done by notification published in the official gazette. Since compensation was given to the owners of the land in accordance with law there was no scope for release of the land in favour of the original owners despite serious contradictions rega......ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ..Category: Property Law | Date: | Hits: 23
Anti Corruption Commission Vs. Barrister Mir Mohammad Helal Uddin and another, 2008, 37 CLC (AD)
....hold that the High Court Division committed no illegality in granting bail to the respondent. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 109. ...... 2007.) Judgment Md. Abdul Matin J.- This petition for leave to appeal is directed against order dated 03.06.2008 passed by the High Court Division in Criminal Appeal No. 3742 of 2007 granting bail to the respondent No.1. 2. The fact, in short, are that the instant application has arisen o..Category: Criminal Law | Date: | Hits: 51
Anti-Corruption Commission and others Vs. Md. Obaidul Karim and others, 2010, 39 CLC (AD)
....rtained. In reply to the said submission, the learned Advocate for the petitioner submits that an opportunity may be given to the petitioner for ends of justice. The petitioner should be given a scope to surrender before the Court of law. Considering the submission of the learned Advocate fo...... fact and circumstances of the case under what provision of law the High Court Division could entertain the said writ petition arising out of a criminal case and allowed a fugitive the privilege of bail. 4. Moreover, the High Court Division illegally issued the Rule and passed the interim ord..Category: Anti-Corruption Laws | Date: | Hits: 266
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
.... basis, could not be held to have wilfully and deliberately disobeyed the order; such a plea could obviously be urged only when it is proved that a party was in fact under a misapprehension as to the scope of the order, but this was never the plea of the defendant. Turning to the next point, we hold......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ..Category: Property Law | Date: | Hits: 84
....eved may file an application under Article 102(2) of the Constitution but it does not provide that a person should be personally aggrieved. If the Constitution provides personal aggrievement then the scope of Article 102 would be narrower. Therefore, it was held that a grievance may be personal, con...... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
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Category: Constitutional Law | Date: | Hits: 126
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ...... করা সম্ভব নহে: other reason was assigned in the petitions. On 16-10-2000, the learned Advocate for the accused Anwar strongly opposed the prayer for adjournment and prayed for bail on the ground that accused is in custody for a long time. The learned Metropolitan Additional S..Category: Criminal Law | Date: | Hits: 189
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... Prime Minister responsible and accountable before the Parliament for her all actions/omissions and public statements. The aggrieved members of the Parliament could have more opportunities and better scope to hold their leader to account in the Parliament for her statements. But they preferred to ab......erioration of the law and order situation in the country. She referred to the inadequacy in the system to bring the criminals to book. In this context, she mentioned that criminals were coming out on bail and again resorting to violence and killing, and recommended for better accountability of judge..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....inor. The determination of such a question depends on several facts and circumstances including documentary and other evidences. We are of the view that in a proceeding under section 491, there is no scope to determine the question of custody of any minor. The section 491 is under Chapter XXXVII of ......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ..Category: Criminal Law | Date: | Hits: 33
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
.... in excess of its jurisdiction. He further submits that in the instant Case the tribunal having passed the impugned order with jurisdiction and on consideration of the materials on record there is no scope to interfere with the same by this Court. Mr. Oziullah lastly submits that the petitioners had......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ..Category: Criminal Law | Date: | Hits: 101
Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)
....arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......ned judgment and order of conviction and sentence are set aside. The appellant is found not guilty of the charge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) ..Category: Criminal Law | Date: | Hits: 42
Morshed (Md) @ Morshed @ Md. Morshed Alam Vs. State, 2000, 29 CLC (HCD)
....o is dumb, provisions of section 119 of the Evidence Act is applicable and such witness may make statement in writing or by using signs but in Case of a witness who is both deaf and dumb, there is no scope of giving any evidence as such witness cannot hear any question. So, there is little scope of ......pellant. Faziul Haque Chowdhury, Assistant Attorney- General — For the State. Criminal Appeal No. 75 of 2000. Judgment Md. Hamidul Haque J. - This is an application for bail in a pending appeal. 2. The learned Advocate for the petitioner has submitted that in th..Category: Criminal Law | Date: | Hits: 38
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....estion, “Whether owing to the error of law committed by the Court below, it has also arrived at an erroneous decision. “If the answer to this question is in the negative, there will, again, be no scope for interference. The third and the final question to be addressed is that, “Whether there h...... re Cltvc Durant. These English authorities and the like shaped the contemporary judicial thinking of the sub continent. Thus in , the High Court of Bombay in 1891 refused to allow an application for bail contai1 defamatory allegation against a trying Magistrate to be filed (1891 15 Bom 488). Likewi..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ......f Criminal Procedure, read with section 19 of the Extradition Act, 1974. By this Rule the Deputy Commissioner, Sylhet was asked to show cause as to why the accused petitioner shall not be enlarged on bail and/or pass such other or further order or orders as to this Court may seem fit and proper. ..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ...... imprisonment for 7 years is altered to a sentence of simple imprisonment for 5 years and to a fine of Taka 5,48,70,800.00, in default, to suffer simple imprisonment 2 years more. He must surrender h bail bond and serve out the remaining sentence. 36. Criminal Appeal No. 1101 of 1993 filed by M M..Category: Property Law | Date: | Hits: 33
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... “no such order shall remain in force for more than thirty days after making thereof.” An order is made on the date it is signed. In the instant Case, the order was signed on 24-6-99. There is no scope of passing any order under sub-section (2) or (3) of section 3 with a qualification that it wi......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ..Category: Criminal Law | Date: | Hits: 29
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