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Anti-Corruption Commission Vs. Sigma Huda and another, 2008, 37 CLC (AD)
....ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......udgment Md. Abdul Matin J.- This petition for leave to appeal is directed against order dated 3-6-2008 passed by the High Court Division in Criminal Appeal No. 4813 of 2007 granting ad-interim bail to the respondent No. 1. 2. The facts, in short, are that the present respondent No.1 was..Category: Anti-Corruption Laws | Date: | Hits: 143
....্রন শৃঙ্খলা বিধান ও চাকুরী অন্যান্য শর্তাবলী) বিধিমালা, ২০০৬ and ২০০৭ as such there is no scope in law for appointing a person, who is not a member of the Judicial Service, to the post of Se......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
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Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
....tation provided for pre-emption under section 96 of the State Acquisition and Tenancy Act, is a special provision and accordingly held that the deposit not being made within time allowed, there is no scope to extend such time and deposit made is not legal and that the high court division arrived at ....... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26...Category: Property Law | Date: | Hits: 63
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ...... enforcing agencies "not to arrest and otherwise harass the petitioner before his surrender in any Court of law till 18.1.2009". On 18th January,2009 the writ petitioner filed another application for bail pending hearing of the writ petition. The application was opposed by the learned Counsel appear..Category: Anti-Corruption Laws | Date: | Hits: 211
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....has already been settled by their lordships of the Appellate Division in the case of Ali Akkas Vs. Enayet Hossain and others, reported in 17 BLD (AD) 44 and also in some other reported cases that the scope of the quashment proceeding is very limited and some set points have been formulated for the p......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..Category: Criminal Law | Date: | Hits: 163
Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)
....ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ......, Rangpur in Sessions Case No. 326 of 2004 should not be condoned. 3. It appears that accused petitioner No.1 initially surrendered before the trail Court and thereafter on being enlarged on bail for a limited period did not surrender after expiry of the period of bail instead absconded. A..Category: Criminal Law | Date: | Hits: 126
Mozibur Rahman Vs. Al-haj Nazrul Karim and others, 2009, 38 CLC (AD)
....iting before the trial Court about the fact that learned engaged Advocate for defendant Nos.1 and 2 agreed to the passing of the status quo order on both sides, the defendant Nos. 1 and 2 had legal scope to deny the said fact afterwards. The learned District Judge correctly observed that there w......any eventuality. We do not find any cause to interfere with the impugned order. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 189. ..Category: Civil Law | Date: | Hits: 106
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....eferring to the case of Bangladesh Agricultural University Vs. Abdul Hye Bhuiyan reported in 1982 BLD (AD) 6, submits further that even in case of ouster of jurisdiction, the Courts retain an amended scope to scrutinize as to whether the ouster of jurisdiction can be attracted by the Act done or not......nal Miscellaneous Case No. 3875 of 2007 Judgement Nozrul Islam Chowdhury, J.- On 29.3.2007 this application under Section 498 of the Code of Criminal Procedure with a prayer for anticipatory bail, was placed before this Court in connection with G.R. Case No. 8 of 2007 arising out of Dighali..Category: Criminal Law | Date: | Hits: 101
Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)
....cate issued under Section 33(5) of the Ain the decree-holder has already sold the suit property in favour of the respondent No.8, Md. Rafique by registered sale deed and therefore there is no scope to interfere with the bonafide purchase for value. 7. We find merit in this appeal and ......ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ..Category: Property Law | Date: | Hits: 106
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....egislature's aims and objects as mentioned above. If that was the intention of the legislature, this should have been expressly provided in the Customs Act itself. By a process of interpretations the scope of the provisions in the Government notification cannot be widened. This Court expresses its i...... cognizable offence. Provided that if the officer of customs is of opinion that there is sufficient evidence or reasonable grounds of suspicion against the accused person, he shall, if the offence be bailable, either admit him to bail to appear before a Magistrate having jurisdiction, or have him ta..Category: Fiscal/Taxation Law | Date: | Hits: 129
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
.... past. Either they have overcome their disqualification in the meantime or have died leaving heirs to inherit the estates. A relevant question therefore arises if there is at all any necessity or scope for such Court of Wards to function in Bangladesh. That is a matter which is best to be left......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ..Category: Property Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....substantive provisions of the Rule clearly shows that the benefit was restricted to those who did not have the opportunity of regularization and availed the opportunity when it came and there is no scope to interpret the provision to extend it to all the ad-hoc appointees of the specified period a......e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ..Category: Employment/Service Law | Date: | Hits: 118
....
68. In the facts and circumstances, we hold that the petition claiming damages and compensations for physical and mental torture of the respondent being disputed questions of fact are beyond the scope of writ jurisdiction.
69. Accordingly, the Contempt Petition No.1 of 2005 is rejected.
7......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..
Category: Civil Law | Date: | Hits: 212
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....duly answered. Further the grounds as raised by the learned counsel of the petitioner may be agitated at the time of hearing of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is al......aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 24
Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)
....ed the instant writ petition for illegal gain and since the respondent imported the goods by misdeclaring and as such, the imported goods are liable to be confiscated and under the law there is no scope to release the imported goods to the respondent. The High Court Division, after hearing, made......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....ime it is to be kept in mind that the need for regulating new technologies is usually prompted by social and cultural perceptions about the advantage of a particular technology or alternatively the scope of its misuse. 210. The challenges before the criminal justice system are to balance ...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....peals passed a common leave granting order on five grounds, which have been reproduced by my learned brother Md. Tafazzul Islam, J in his judgment. 374. As regards the first ground as to the scope and jurisdiction of third learned Judge, Mr. Khan Saifur Rahman, the learned Advocate for the...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
.... Judge. The third learned Judge concurring with on of the judge upholding the acquittal of one of the appellants and set aside the acquittal of one accused. The Supreme Court of India examined the scope of Section 429 Cr.P.C in the following words: “All that S.429 says is......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....can not be called upon to explain every hours delay and a commonsense view has to be taken in ascertaining whether the first information report was lodged after undue delay so as to afford enough scope for manipulating evidence. Whether the delay is so long as to through a cloud of suspicion......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... Court Division erred in law in maintaining their conviction and sentence. 752. Before we deal with the contentions of the learned counsels, it will be necessary to keep in view the limited scope in these appeals against the judgments and orders of conviction and sentence as rendered by t...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ..Category: Criminal Law | Date: | Hits: 291
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