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Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
....oth special provisions of section 48 of the Code of Civil Procedure and general provisions of article 182 of the Limitation Act 9. When the very execution proceeding is still-born, there is no scope for further proceeding in the matter. However, the application shown to me was addressed to th......ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ..Category: Civil Law | Date: | Hits: 82
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... in the said decision that when a statute uses the word ‘shall’ prima fade it is mandatory but the Court may ascertain the real intention of the legislature by carefully attending to the whole scope of the statute. He refers to the provision of Act 24 of 1970 as amended vide President’s O......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....ed of by the petitioner. He submits that there being sufficient materials charge has been framed against the petitioner under the sections of the Penal Code as already stated above and so there is no scope to say that there does not appear a reasonable ground for believing that the petitioner is not...... Institute of Cardio Vascular Diseases (hereinafter referred to as NICVD) and he is in need of constant attendance, special care and better treatment in a free atmosphere and, as such, is entitled to bail under the proviso to section 497(1) of the Code. He then submits that the learned Metropolitan ..Category: Criminal Law | Date: | Hits: 26
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....7 of the Appellate Division in the Case of GM, Sonali Bank Vs. Abul (Chair being Civil Appeal No. 86 of 1994. He submits that as the plaintiff was removed from service on 18- 11-82 when there was no scope for him to seek any remedy in the Administrative Tribunal under section 4 of the Administrativ......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....s of the learned Sessions Judge about the competency of the petitioner as a Magistrate was uncalled for and, as such, liable to be expunged. Besides, he submits, the Learned Judge traveled beyond the scope of his jurisdiction as an Appellate Court in recommending withdrawal of the Magisterial power ......1998, in the Court of Magistrate, First Class Jhalakati, ‘Kha’ Area (Annexure-C2 to the petition shows that on 5-7-1998 at about 16-30 hours in the afternoon, while the petitioner was considering bail petition as a presiding Magistrate, in GR No.5 of 1998, one Md. Ali Khan, an accused, was dozin..Category: Criminal Law | Date: | Hits: 29
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......ned Advocate for the petitioners. The Rule is, therefore, discharged. The stay order granted earlier by this court is hereby vacated. Send down the lower Court records. 21. The ad interim bail granted to the petitioner Nos. 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali ..Category: Criminal Law | Date: | Hits: 59
.... that the girls and women were picked up for the purpose of being rehabilitated elsewhere but surprisingly, the secret manner in which the so-called rehabilitation Programme was conducted leaves much scope for suspicion that there is more to it than a mere rehabilitation. As they were even deprived ......
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
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Category: Constitutional Law | Date: | Hits: 264
State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
....on is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 151. ....... No.27555 of 2009 which arose out of Pakundia Police Station Case No.05 dated 04-11-2009 now pending in the court of Chief Judicial Magistrate, Kishorganj while issuing the Rule granted anticipatory bail for a period of 6(six) months. 3. Heard the learned Additional Deputy Attorney General f..Category: Criminal Law | Date: | Hits: 30
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....se from the respondent No.4 and also to the declaration as prayed on the land in question. 25. Since it is difficult to find a specific legal right in favour of the writ petitioner there is no scope of issuing a mandamus in favour of the writ petitioner. Accordingly the civil petition for lea......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ..Category: Property Law | Date: | Hits: 33
....ourt Division while conÂsidering the conduct of the arbitrators and on the question of deliberation held as under:-
"Despite having made a request in writing, the 3rd arbitrator was not given any scope or opportunity to deliberate on the issues with Chairman and the other member of the Tribunal ......ng to interfere with the judgÂment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....ok place after the publication of the notifications under section 3 or section 43(2) of the Act but before the coming into force of part V of the Act, they are also, we have noticed above, beyond the scope of subÂsections (1) and (2) of section 87 and as such the rights which accrued to the riparia......and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ..Category: Property Law | Date: | Hits: 24
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......minal Law Amendment Act, 1958 and an application under Section 426 of Code of Criminal Procedure. 14.The learned Counsel submits that the High Court Division committed error of law by granting bail to the fugitive-conÂvict, even when he is not in custody and failed to appreciate that the i..Category: Others | Date: | Hits: 106
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interÂfere at this stage and accordingly the petiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ...... Judgment Md. Abdul Matin J.- This petition for leave to appeal is directed against the order dated 15.02.2009 passed by the High Court Division in Criminal Appeal No. 8020 of 2008 granting bail for a period of 4(four) months. 2. The short facts giving rise to the present petition a..Category: Others | Date: | Hits: 98
State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
....ion is accordingly discharged and the responÂdents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ......s case No. 27555 of 2009 which arose out of Pakundia Police Station Case No. 05 dated 4-11-2009 now pending in the Chief Judicial Magistrate, Kishoreganj while issuing the Rule grantÂed anticipatory bail for a period of 6(six) months. 3. Heard the learned Additional Deputy Attorney-General f..Category: Others | Date: | Hits: 61
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....িবাদী হিসাবে যে কোন মামলায় টাকা জমা দিতে পারিবেন।“ 7. The operating portion of the above order is beyond the scope of the suit as framed. The learned Senior Assistant Judge passed a decree as if he were passÂ......-petitioner will be at liberÂty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ..Category: Property Law | Date: | Hits: 18
.... not be possible to give compensation but where it is found that the arrest was unlawful and that the person was subjected to torture while he was in police custody or in jail, in that case, there is scope of awarding compensation to the victim and in case of death of a person to his nearest relatio......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
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Category: Constitutional Law | Date: | Hits: 137
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....of the trial it will have to set up a wrong precedent by which instead of the cause of justice being advanced had really been stifled. 9. The Superior Courts of this sub-continent have settled the scope and power of the High Court Division to quash a proceeding by invoking its inherent power unde......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ..Category: Anti-Corruption Laws | Date: | Hits: 195
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
.... the judgment and order of the High Court Division calling for interference by this Court and accordÂingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......ccused-petitioners and the case was pending in the Court of Additional District Magistrate, Barisal and the case was fixed on 13.12.2000 and accused-petitioner No.2 though did not appear but obtained bail by false personifiÂcation. Samsuddin Talukder filed an appliÂcation under Sections 195 and 47..Category: Others | Date: | Hits: 82
....genÂcies and assessment on the basis of their certificates.-(1) For the purposes of this Act, the Government may, in the prescribed manner, appoint pre-shipment inspection agencies and determine the scope and manner of their certification and related matters.
(2) The Government may, by notificaÂ......und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
..
Category: Fiscal/Taxation Law | Date: | Hits: 95
State Vs. Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
.... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ......ous case No. 27555 of 2009 which arose out of Pakundia Police Station Case No. 05 dated 4-11-2009 now pending in the Chief Judicial Magistrate, Kishoregonj while issuing the Rule granted anticipatory bail for a period of 6(six) months. 3. Heard the learned Additional Deputy Attorney-General..Category: Others | Date: | Hits: 81
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