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Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......ndition was critical and further the unexplained and continuous abscondence of the petitioner after the occurrence is a relevant fact under section 8 of the Evidence Act which is indicative of his 'mens rea' in the commission of the offence and there is also no evidence or suggestion or circumsta......o.112 of 2003 accepting the same. 2. The prosecution case, in short, is that Khodaja Bibi alias Komola, the victim, was given marriage to the petitioner who, after the marriage, started maltreating her for money and as a result the relationship between them became strained and on the nig..Category: Criminal Law | Date: | Hits: 50
Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)
....e is not responsible for any loss incurred to Bangladesh Krishi Bank and he never resorted to any illegalities and just simply complied with the orders of his controlling authority but on 23.9.1993 a criminal case was lodged against him and an inquiry committee was also formed to inquire into the ch......ision 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: 14 MLR (AD) (2009) 298. ......the Inquiry Committee found the respondent guilty of all charges and accordingly submitted Report to the authority on 8.6.1994 and then the petitioner was dismissed from his service on 31.10.1994. Thereafter the respondent filed departmental appeal, on 24.12.1994 which was rejected on 21.4.1994 by t..Category: Administrative Law | Date: | Hits: 189
Khalil Mia and others Vs. State, 2007, 36 CLC (AD)
.... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ...... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ......Mohammad Alis with a view to kill him. On seeing the accused persons the victim raised alarm and tried to flee away to the west side. Then accused Mostafa Sharif fired at the victim by his gun. Thereafter, at the order of accused Thanda Dana, accused Jakir and Shahid gave dao blow to the victim ..Category: Criminal Law | Date: | Hits: 40
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....nd no substances 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) 536. ......nd no substances 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) 536. ......titioner along with another alleging, inter-alia, that victim Munsura Begum is his cousin and the father of the victim and the maternal uncle of informant is Jahangir Alam who stays in Sylhet area for business purpose and that the victim, while on 01.05.2004 at 5 P.M. was playing at the..Category: Criminal Law | Date: | Hits: 52
Md. Nasir Uddin Vs. State, 2007, 36 CLC (AD)
....that the submissions of the learned Advocate for the petitioner have got no merit and accordingly the same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 534. ......that the submissions of the learned Advocate for the petitioner have got no merit and accordingly the same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 534. ......The complainant-respondent No.2 presented the said cheque in the aforesaid bank for encashment on 11-09-2005 but the said cheque was dishonoured with a remark "insufficient fund". Thereafter, the complainant-respondent No. 2 on 25-09-2005 served two legal notices through engaged la..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 466. ...... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 466. ......ent of penalty of Tk.10, 00,000.00 in respect of two bills of lading over and above the customs duty and other charges. 6. The High Court Division issued rule Nisi and thereafter made the rule absolute. Hence the present petition for leave to appeal. 7. Mrs. Naim..Category: Business or Commercial Law | Date: | Hits: 163
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
.... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888....... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......he west of respondent No. 3's house. The Magistrate 1st Class, Sadar Court No. 3 by the order dated 18th March, 1995 sent the petition of complaint to the Satkania Police Station with a direction to treat the same as FIR and to submit report. On receipt of the petition of complaint, Satkania P.S. Ca..Category: Criminal Law | Date: | Hits: 37
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....esently subject-matter of Criminal Appeal No. 38 of 2003 and condemned-accused Monowar Hossain and Sanower Hossain, the petitioners in Jail Petition Nos. 4 and 5 of 2001 respectively filed the criminal Review Petition No. 4 of 2003 against the Judgment and order dated 22.08.2002, which is p......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ...... the Penal Code and sentencing the accused Abdul Aziz, Monowar Hossain to death by hanging and other accused to suffer imprisonment for life by judgment and order dated 8th of October 1997. Thereafter Death Reference No. 29 of 1997 made under section 374 of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 35
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ......espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ......e, The impugned order and judgment of the High Court Division is dated 9 January 1986 in Crl. Appeal No. 5 of 1983. 2. Facts leading to appeal are the following: In connection with the reaping of paddy in a land of Informant Mir Asmat Ali (P.W.1), a shalish was held in his in his ho..Category: Criminal Law | Date: | Hits: 44
Abdus Sobhan Vs. Faruque Ahmed @ Sunan and others, 2004, 33 CLC (AD)
....d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......on of the materials on record being satisfied that there is chance of success in the appeal allowed bail and there is no allegation of misuse of the privilege of bail and that the paper book has already been filed, but the High Court Division could not accommodate the appeal for hearing inspite ..Category: Criminal Law | Date: | Hits: 29
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......gment of the Appellate Tribunal) even though the decision of this Division in Mujibur Rahman's case had in the meantime been given on 28.11.1991 and the Provision for appeal to this Division was already made on 22.7.1991. 5. It was argued on behalf of the appellant that notwithstandi..Category: Administrative Law | Date: | Hits: 110
Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)
....e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ......e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ......section 201/34 of the Penal Code and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Tk. 200/-, in default, to suffer rigorous imprisonment for two months more. Thereafter, the mills authority suspended him by letter dated 30.1.1992. In the meantime the responden..Category: Labour and Industrial Law | Date: | Hits: 251
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....f the trial Court is that the defendants have been possessing the suit land. The trial Court found the plaintiff to be a person unworthy of credit. He admitted in cross-examination that he filed a criminal case against defendant No. 1, which was dismissed for default, as he could not appear with......fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ...... got a sum of Tk. 1,000/-. The mortgage was for 6 years and the registered deed of mortgage is dated 1-3-79. On 15-6-83 defendant No. 1 began to excavate a pond in the suit land comprising a total area of 1.41 acres. The plaintiff resisted when defendant No. 1 disclosed that he had purchased..Category: Property Law | Date: | Hits: 34
Md. Shahjahan Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
.... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is concerned. Ed. This Case is also Reported in: II ADC (2005) 801. ...... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is concerned. Ed. This Case is also Reported in: II ADC (2005) 801. ......ther submission of the charge-sheet itself discloses that the papers which were seized as alamats were recovered from the possession of respondent No. 1 and as such the High Court Division misread the charge-sheet and the quashing of the proceeding has been done in violation of settled..Category: Criminal Law | Date: | Hits: 38
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
.... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ...... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ......nsufficient fund and the cheque again was deposited on 31.08.2000 and 01.10.2000 repeatedly which again being dishonoured was returned to the appellant on 03.09.2000 and 03.10.2000 respectively. Thereafter the appellant approached the respondent No. 1 and on his advice he again presented the che..Category: Criminal Law | Date: | Hits: 42
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....used respondents surrendered before the trial Court and they were taken into custody. 11. Thereafter, the accused respondents again moved the High Court Division in the above mentioned criminal misc. case and the High Court Division by the impugned judgment and order granted bail to ......ng 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: II ADC (2005) 790. ......hi which he stated that accused Respondent No. 2 Md. Abdur Rahman attacked him and struck on his abdomen, hand and head with broken handle of a chair causing fractures on his head for which he was treated at the Combined Military Hospital. On the same day C.S. witness No. 16 S. M. Zillur Rahman ..Category: Criminal Law | Date: | Hits: 44
State Vs. Kamal Uddin @ Pichchi Kamal, 2005, 34 CLC (AD)
.... of the discussion made above we do not find any substance in the appeal the appeal is, therefore dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 788. ...... of the discussion made above we do not find any substance in the appeal the appeal is, therefore dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 788. ......ds etc. and under the order the respondent Kamal Udding @ Pichchi Kamal accused Habibur Rahman and Hosain Mia assaulted his brother indiscriminately who was shifted to the Upazila Health Complex for treatment and that as a result of the injuries he succumbed at the Upazilla Health Complex and acco..Category: Criminal Law | Date: | Hits: 47
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
...., is a forged document as defined in section 463 of the Penal Code and that appellant has given in evidence such document being a forged one and if it is in the affirmative then whether the instant criminal proceeding is barred at the instance of Respondent No.2 in view of Provision of Section 19......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......ments relating to the land as regard to which dispute cropped up. 3. The further allegation of the respondent No. 2 is that on the basis of the documents left with the appellant he has created forge deed No. 86 showing execution thereof on September 10, 1975 and registration on J..Category: Criminal Law | Date: | Hits: 50
Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)
....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) 448. ......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) 448. ...... the informant morning, at about 7.00 A.M., while the informant was returning to his house along with his bride, Sayedur Rahman (brother) Ishaque Ali (sister's husband) and Kaser Ali, (father) and reached near the paddy field of Delowar Hossain, which is about 200 yards away from his house, the ..Category: Criminal Law | Date: | Hits: 97
Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)
....the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......ather P.W.2 Nasim Sheikh, came to the place of occurrence, the house of the condemned prisoner after about 2 hours and found the dead body of deceased Shefali with some burn injury on her face and breast. 4. Thereafter on the following morning at about 10.20 A.M. P.W.1, brother of the dece..Category: Criminal Law | Date: | Hits: 86
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