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KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)

....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......sponding to OR Case No. 10698 of 1975 now pending before the learned Sessions Judge, Dhaka. We propose to dispose of all the three Rules by this judgment. The Rules were issued after rejection of the prayer for ball by the learned Sessions Judge, Dhaka. 2. Lodged on 4-11-1975, by KA Awal, Deputy ..

Category: Criminal Law | Date: | Hits: 46

Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)

....ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42....... offence by the Court concerned. We are, therefore, of view that the Rule has become infructuous. Petitioners may however pray for bail from the Court below which will be at liberty to consider their prayer in accordance with law. In the result, the Rule is discharged. Bail granted to the petitio..

Category: Criminal Law | Date: | Hits: 33

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.......n 24-9-94 for sending back the case for re-investigation by a competent officer of the Bureau of Anti-corruption (vide Annexure C) but learned Additional Sessions Judge was pleased to reject the said prayer by his order dated 24-9-95. The offence prescribed under section 409 of the Penal Code commit..

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.......12 of 1996 at the instance of the accused-petitioner Bachu alias Bachu Sheikh has been directed against the judgment and order dated 23-11-95 passed by the learned Sessions Judge, Dhaka rejecting the prayer for bail of the accused-petitioner raising the contention that he did not commit any offence ..

Category: Criminal Law | Date: | Hits: 65

State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)

.... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ......heet against 22 accused persons on 9th June, 2008. 3. The case record was eventually sent to the Metropolitan Sessions Judge, Dhaka for trial and while the trial of the case was in progress on the prayer of the prosecution, the trial Court allowed further investigation of the case. The case is un..

Category: Criminal Law | Date: | Hits: 50

Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)

....e basic norm of "social justice' as enshrined in the preamble and under Article 8 of our Constitution. 42. Without rendering effective assistance and making offer to the company for manufacturing alternative 'non-alcoholic products, cancellation of the registration of the Company was not proper....... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ..

Category: Others | Date: | Hits: 182

Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)

....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......tted error. This error apparently is the cause of action of the application for review. The Court of the Subordinate Judge being a Court of appeal and the said Court deciding the appeal on merit, the prayer made by the defendant respondent to review the judgment on the aforesaid cause of action befo..

Category: Property Law | Date: | Hits: 59

Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)

....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......titioner who was the marriage registrar and was nowhere near the place of occurrence. 6. The date of trial of the accused persons was fixed on 28-9-92. On that date also the petitioner renewed his prayer for discharge on the ground that no sanction for prosecution against him was obtained from th..

Category: Criminal Law | Date: | Hits: 50

Md. Azizul Islam Vs. State, 2011, 40 CLC (HCD)

....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......e was admitted into Pakerhat Hospital and subsequently was referred to Dinajpur Medical College and hence the case. After investigation police submitted a charge sheet on 29.07.2010. Since his prayer for bail was rejected by the impugned order he then obtained the instant rule. 3. The lear..

Category: Criminal Law | Date: | Hits: 40

Md. Shahjahan and others Vs. State, 2010, 39 CLC (HCD)

....erty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in:...... a confessional statement and disclosed the name of the petitioners and accordingly the petitioner No.1 was arrested on 2.8.2009 and petitioner No.2 was arrested on 22.9.09 and thereafter since their prayer for bail was rejected by the impugned order, they then obtained the instant rule and ad-inter..

Category: Criminal Law | Date: | Hits: 43

Subasish Das (Bobby) and three others Vs. Bangladesh University of Engineering and Technology and others, 1999, 28 CLC (HCD)

....dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563.......before the Academic Council. Accordingly, respective petitioner filed application before the Academic Council praying for exempting them from the punishment but the Academic Council did not allow the prayer of the respective petitioner. 12. Petitioner of respective Rule claimed that no witness ga..

Category: Others | Date: | Hits: 116

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....interim orders and that the comments were intended to be factual and informative. 74. Next question is whether any criticism made or published which is based on factual and informative or in the alternative, truth can be set up as a defence in a proceeding for Contempt of Court. This is certain......, Waliullah Noman, admitted his ignorance and mistake in preparing the said report-in-issue and thereby committed the offence of the contempt and accordingly, surrendered himself unconditionally with prayer for mercy of the Court by swearing an affidavit. The publication of such contemptuous report ..

Category: Criminal Law | Date: | Hits: 163

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ...... application filed on 14-8-1994 under rule 5(1) of Order XXXVIII of the Code of Civil Procedure. Learned Subordinate Judge and Artha Rin Adalat made order in the body of the applications allowing the prayer of the plaintiff. It may be mentioned that learned Subordinate Judge and Artha Rin Adalat fix..

Category: Civil Law | Date: | Hits: 90

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......is samity on taking loan from the local Sonali Bank through Bangladesh Rural Development Board, Rajbari during the financial year 1985-86. The Rural Development Board of Rajbari allowed the aforesaid prayer of the accused persons and secured for them a loan of Taka 35,872.30 from Sonali Bank. It was..

Category: Criminal Law | Date: | Hits: 43

A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)

....end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329....... complainant-appellant remained absent by filing petition and that the complainant-appellant was absent on 19-5-94 and sought adjournment for filing a petition but the learned Magistrate rejected the prayer and acquitted the accused-respondent by the impugned order. Being aggrieved and dissatisfied ..

Category: Criminal Law | Date: | Hits: 63

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......he suit by presenting a written statement traversing all the material allegations made in the plaint contending, inter alia, that one pious Muslim built a Mosque during the Mughal period for offering prayer by religious Muslims and dedicated his property in the name of “Allah”. There was Hujrakh..

Category: Property Law | Date: | Hits: 68

Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544......., he went to the place of occurrence house to see the dead body. He then said that he found the accused along with others to go for Rajdharpur clustered village for cutting earth on the date at Fazar prayer time. He then said that the accused returned to his house at about 11-00 PM on the date. He s..

Category: Criminal Law | Date: | Hits: 32

Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)

.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......n a Criminal matter, can the case be restored for re-hearing again. Impliedly it means reviewing of the judgment already passed and signed. There is no mention of any section in the cause of title or prayer portion of the said petition. The provision of section 369 of the Code of Criminal Procedure ..

Category: Criminal Law | Date: | Hits: 55

Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)

.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......n a Criminal matter, can the case be restored for re-hearing again. Impliedly it means reviewing of the judgment already passed and signed. There is no mention of any section in the cause of title or prayer portion of the said petition. The provision of section 369 of the Code of Criminal Procedure ..

Category: Criminal Law | Date: | Hits: 52

Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)

....referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527.......151 of the Code of Civil Procedure as an application under Order 7 rule 11 of the Code of Civil Procedure for rejection of the plaint. The plaintiff opposite party filed written objection against the prayer for rejection of the plaint and opposed the application under Order 7 rule 11, Code of Civil ..

Category: Procedural Law | Date: | Hits: 83