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Displaying 1961-1980 of 2464 results.
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ...... Explosive Substances Act, 1908 in the aforesaid cases. 7. The appellant having found his name in the newspapers, surrendered before the High Court Division and was granted anticipatory bail and thereafter he appeared before the trial Court where his bail was confirmed, thereafter he ..Category: Criminal Law | Date: | Hits: 47
Alaluddin Vs. State, 2003, 32 CLC (AD)
.... natural human conduct that the petitioner while making confessional statement also stated that before killing her by throttling he made intercourse with her because due to this statement the scope of the petitioner to take the plea of provocation, as was taken in the decision reported in 1......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..Category: Criminal Law | Date: | Hits: 36
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......ut still no payment being made the complaint was filed on 22.04.2001 and the learned chief Metropolitan Magistrate took cognizance and the accused appeared before the court and was released on bail and thus the proceeding being started the accused filed an application under Section 241A of t..Category: Business or Commercial Law | Date: | Hits: 138
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
....r of acquittal is entertain able by the High Court Division after expiry of 60 days from the date of an order of acquittal and the 'special limitation' under Section 417 (3) of the Cr.P.C. "left no scope for application of Section 5 of the Limitation Act inasmuch as there being no cogent reason ex......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ..Category: Criminal Law | Date: | Hits: 109
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
....pon and that defendant is in possession of the land measuring 4½ decimals in pursuance of permission from his father yakub Ali and Yakub Ali was alive till 1977 and as such there is no scope to consider the kabalas executed both by Yakub Ali and Ishaque are fraudulent. 7. The ...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ..Category: Property Law | Date: | Hits: 46
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......ed against the judgment and order dated 17.09.1998 passed by a Division Bench of the High court Division in Criminal Miscellaneous Case No.2608 of 1998 making the Rule absolute and thereby granting bail to the 7 accused respondents in Sessions Case No.120 of 1993 pending in the court of 3rd Addit..Category: Criminal Law | Date: | Hits: 35
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....able in law. But from the perusal of the deed of contract and the award and the judgment of the trial court it appears to us that nothing has been awarded by the arbitrator which is beyond the scope of contract and the trial court also considered this aspect of the matter and found that the ......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..Category: Civil Law | Date: | Hits: 89
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....s and as such the same amounts to an exercise of unguided power which is illegal inasmuch as there being no guide line for fixing tariff value in Section 25 and the Government has utilized the wide scope for fixing tariff value without regarded to the local international market rate of the impor......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 199
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....etition out concern is in respect of the interpretation of section 46(17)(ii) of the First statutes and Article 52 of the order. It is submitted that if the election was held beyond the scope of law this may be questioned in writ jurisdiction. It is the definite case of respondent Nos......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....High Court Division discharged the Rule holding that the present application is not maintainable section 491, Cr.P.C. which contains only the directions of the nature of habeas corpus and there is no scope to determine the question of custody of any minor as the determination of such a question depe...... of the Magistrate, Satkhira. All the nine accused persons along with the victim surrendered before the High Court division in Criminal Miscellaneous Case No. 5199 of 2000 and prayed for anticipatory bail and the High Court Division directed them to surrender before the Nari-O-Shishu Tribunal within..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......The accused petitioner was absconding and the trial having been commenced, the petitioner was, however, present on the first phase of the trial and he pleaded not guilty but having been enlarged on bail he again absconded and later on he was arrested on 08.06.98 after passing of the judgment and..Category: Criminal Law | Date: | Hits: 47
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......Code read with section 138 of the Negotiable Instruments Act was filed before the Chief Metropolitan magistrate on 10.6.1997. The Magistrate took cognizance and also enlarged the respondent No.1 on bail. 3. Thereafter, the accused respondent moved the High Court Division in its criminal r..Category: Criminal Law | Date: | Hits: 45
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
.... to protect the rights so vested in him. Any further rights created in respect of these properties by any other authority, e.g., by act of allotment of a rehabilitation authority are fully within the scope of the Custodian's protective power. And it is to be noted that the time when the question of ......sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ..Category: Property Law | Date: | Hits: 28
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
.... for holding such examination and training within their probation period until SRO 7 of 1992 was promulgated. On the other hand, the writ petitioners having joined the service in 1998 had the scope and opportunity to avail of both the departmental examination and foundation training inasmuc...... said departmental examination and the foundation training for no fault of their own. Hence the Government felt dire necessity to amend Bangladesh Civil Service (Recruitment) Rules, 1981 as a bail out measure for the writ respondent Nos. 4-17 and others who were appointed prior to 12 Januar..Category: Employment/Service Law | Date: | Hits: 122
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
....d in 28 DLR 333 was overruled by a celebrated decision reported in 3 BLC (AD) 135 and 4 MLR (AD) 19; that there is legal infirmity in the impugned judgment of the High Court Division as because the scope of appeal as provided under Section 32 (2) of the Waqf Ordinance, 1962 with inflexible preco...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ..Category: Trust/Waqf Law | Date: | Hits: 173
Government of Bangladesh and others Vs. Quazi Md. Obaidur Rashid and others, 2003, 32 CLC (AD)
....operty as an abandoned property and accordingly the Settlement Officer by his order dated 8-1-97, treated the property as an abandoned property. The Writ Petitioners also claimed that there was no scope of declaring or treating any property as an abandoned property by the Settlement Officer in 1......also found nothing to interfere with. Accordingly, the leave petition is dismissed after condoning delay of 23 days. Ed. This Case is also Reported in: 6 LG (AD) (2009) 39. ..Category: Property Law | Date: | Hits: 49
Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)
.... Adalat Ain, may accept the same against C. P. cost and further section 11 of the above Ain has specifically made provision for reply of the plaintiff against the written statement but there is no scope in the said Artha Rin Adalat Ain for filing additional written statement and in the case of S......re 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: VI ADC (2009) 142. ..Category: Civil Law | Date: | Hits: 106
Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)
....998 when came up for hearing, the learned District Judge, was pleased to reject the same on the ground, that the Miscellaneous Case was dismissed for non-payment of C.P. cost and thus, there was no scope for restoration of the appeal to its original file and number by his order dated 15.07.1998. ......ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ..Category: Civil Law | Date: | Hits: 85
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....early indicate the Act's clear and different intention regarding the two clauses, the provision in question should have been strictly construed by the High Court Division and there was no scope for giving any other meaning as was given by the High Court Division; that the primary duty o......ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ..Category: Banking Law | Date: | Hits: 96
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
.... 63. In view of the fact that the trial Court believed the testimony of P.W.4 and the High Court Division found justification of the trial Court in relying upon such evidence there is hardly any scope to reassess the evidence in this appeal and come to a different finding. 64. So far......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
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