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Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....certain point is an irritating question but the Court can prefer the evidence of the eye-witness if there be no reasonable ground to disbelieve the eye-witness. Conviction in the absence of charge Although no charge was framed against the accused appellant under section 304 of the ......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....t of settlement the initial presumption is that the enlisted building is an abandoned property and that the onus lies on the claimant to show that it is not an abandoned property. The onus will be discharged by showing that on the date of promulgation of P.O No. 16 of 1972 the owner of his Attorney ...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....Central and United Provinces (1935) 3 ITR 140; M/s. Ram Kumar Kedar Nath V. Commissioner of Income-tax, Bombay (1937) 5 ITR, 361. The appellant Corporation like any other assessee cannot be charged to income-tax on any income, profits or gains which has not been actually received by it&he......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....No. 21 of 1980 and affirming the order of conviction. The appellants along with acquitted co-accused Ali Hossain were placed on trial before the Additional Sessions Judge, Jessor, on a charge under section 302/34 of the Penal Code. 2. The prosecution case in brief, was that o......Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ..Category: Criminal Law | Date: | Hits: 52
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....d pay appropriate court fee for the purpose. 8. Being aggrieved, defendants moved this Court and obtained leave to appeal to consider whether, the proposed amendment of the plaint will charge the nature of the suit necessitating payment of ad valorem court fees and further evid......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
....s with the help of their engaged laborers tried to disperse them. On receipt of the petition of complaint, the Chief Metropolitan magistrate by his order dated 19.02.2004 asked the officer-in-charge of Badda Police Station to enquire into the matter and submit report. In the meantime, the m...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ..Category: Criminal Law | Date: | Hits: 45
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
....r demanded and took Tk. 5,00,000/- from her father. Thereafter the accused No.1 again demanded Tk. 2, 00,000/- from the informant which was paid. 3. The police after investigation submitted charge sheet on 07.02.2004 which was accepted by the learned Magistrate who issued warrant against ...... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ..Category: Criminal Law | Date: | Hits: 45
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....ating officer arrested one Md. Didarul Alam Alias Dilu, Driver on suspicion who made a confessional statement on 10.06.1999. After concluding investigation, the investigating officer submitted charge sheet on 01.09.1999 against the appellant Salim alias Md. Salim and two others namely Abdus ......interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ..Category: Criminal Law | Date: | Hits: 35
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
....thereby committed an offence under Section 204/210/109/420 of the Penal Code read with Section 5(2) of the Prevention of Corruption Act, 1947. 3. The police upon investigation submitted charge sheet under Sections 420/406/204/210/109 of the Penal Code read with Section 5(2) of the Pre...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..Category: Criminal Law | Date: | Hits: 64
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....nd reported the matter to the informant Md. Abdul Quashem, a member of the local Union Parishad. The informant then lodged the F.I.R. 3. Police on completion of investigation submitted charge sheet. The trial Court on consideration of the evidence and other materials on record convic......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
....eiving the ejahar the Officer-in-Charge of the Police Station started Kashba P.S. Case No. 9 dated 29.02.2000 under Section 302/34 of the Penal Code. 3. After investigation police submitted charge-sheet against the both the accused persons under sections 302/34 of the Penal Code and confe......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ..Category: Criminal Law | Date: | Hits: 51
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
.... victim could not drink water and he succumbed to his injuries. After absorbing the shock the informant lodged FIR on 28.02.1988 at about 5 P.M. The police, after investigation, submitted charge sheet against the petitioners and others under section 302/34 of the Penal Code. At the tria......here 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) 338. ..Category: Criminal Law | Date: | Hits: 38
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....the learned Sessions Judge. Brahmanbaria under Section 205C of the Code of Criminal Procedure for trial which was ultimately transferred to learned Additional Sessions Judge who framed charge against the accused persons for committing such offence which was duly read over and explain......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ..Category: Criminal Law | Date: | Hits: 41
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
....estigation the investigating officer recorded the statement of witnesses under Section 161 of the Code of Criminal Procedure, collected the materials on record and after investigation submitted charge sheet against the respondent No. 1-writ-petitioner under Sections 26/27 of the Anti-Corruptio...... the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323...Category: Anti-Corruption Laws | Date: | Hits: 119
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
....ch of the High Court Division, Dhaka making the Rule absolute in Civil Revision No. 268 of 1989 and thereby reversing the judgment and decree dated 13 February 1988 of the Subordinate Judge in charge of the Court of the Additional District Judge, Narsigndi in Title Appeal No. 14 of 1987 and...... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ..Category: Property Law | Date: | Hits: 40
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....tions brought against them and contended, inter alia, that they have not done anything showing disrespect to the order of the executing court and what they did was in fact to save themselves from the charge of contempt of court. The High Court Division after hearing found the appellants guilty of th...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...Category: Criminal Law | Date: | Hits: 51
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....ommunication of such order, appeal to the District Judge against such order of removal provided that no application shall lie against an order under sub-section (1) unless the Mutawalli has made over charge of the waqf to the new Mutawalli appointed under sub-section (4). In these circumstances, i......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ..Category: Trust/Waqf Law | Date: | Hits: 190
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....y;neer. He joined in the service of the appellant Dhaka Water Supply and Sewerage Authority, briefly WASA and at the relevant time he was holding the post of executive engineer on promotion in charge of Zone 6 with effect from 14.9.90. Subsequently he was put under suspension consequent......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ..Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
.... accused persons by the 1st Court of Assistant Sessions Judge, Khulna by judgment and order dated 30-3-85. As many as 15 accused persons, the plaintiff not being one of them, were acquitted of the charge under sections 395/397/109 and 414 of the Penal Code. 3. The plaintiff was suspended......we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ..Category: Employment/Service Law | Date: | Hits: 69
Hezera Khatun Vs. State, 2001, 30 CLC (AD)
....ppeal must be allowed, but only on a technical law point and the necessary facts strictly for its disposal are as follows: 2. Appellant Hazera Khatun along with others were put in trial on a charge of committing murder before the Court of Sessions Judge, Sylhet, in Sessions Case no. 12 of ......d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ..Category: Criminal Law | Date: | Hits: 42
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