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State Vs. Tota Mia, 1997, 16 CLC (HCD)
....r, expressed doubt about the presence of P.W.3 on the ground that the shirt of P.W.3 ought to have been blood stained, but the prosecution did not produce it. This may be an omission, we find, on the part of the investigation officer for which the entire evidence of P.W.3 cannot be discarded. 15....... doubt about the presence of P.W.3 on the ground that the shirt of P.W.3 ought to have been blood stained, but the prosecution did not produce it. This may be an omission, we find, on the part of the investigation officer for which the entire evidence of P.W.3 cannot be discarded. 15. On scrutini..Category: Criminal Law | Date: | Hits: 74
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....posited by the borrower that would be entered into the ledger and on receipt of the order from the Head Office regarding the appeal the case would be disposed of. 3. Thereafter on 26-2-98 opposite party Momtazul Islam’s alleged attorney Md. Abdus Samad, Advocate filed an application before the ......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242...Category: Criminal Law | Date: | Hits: 73
Nurul Huq Vs. Secretary, Rural Electrification Board and another, 1991, 20 CLC (HCD)
....vice regulations. He further submits that negligence of duty does not call for a major penalty as per Regulation No.29 of the Service Rules. 7. We have heard the learned Advocate of the respective parties. It appears from Annexure 'B' which is the first show cause notice that the petitioner on 3.......entation or suppressing of facts leading to the loss of property or causing damage of the image of the Board or of the Govt; (v) involving himself in any criminal offence which may call for police investigation; (vi) sabotage or subversion. 9. It is clear from Annexure F that the petition..Category: Employment/Service Law | Date: | Hits: 65
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
.... condemned accused was conclusive proof of his involvement in the alleged offence. He tried to establish a mens rea by suggesting that the alleged membership of the condemned accused of the Communist party might have something to do with the killing. 7. P.W.1 Abdul Malek Mollah, who is also the i......t the dead body of an unknown person to the morgue. 21. P.W.15 Md. Khorshed Alam, Officer‑in‑Charge of Magura PS stated in his deposition that he wrote down the ejahar and took charge of the investigation and went to the place of occurrence. He sent the dead body to the morgue, made surat h..Category: Property Law | Date: | Hits: 69
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....the impugned judgment and order passed by the learned Additional Sessions Judge in convicting the accused appellant. 6. In order to appreciate the submissions of the learned Advocates for both the parties, we would like to discuss the evidence of the prosecution witnesses. 7. PW 1 Mozammel Hoq......ction 161 of the Code of Criminal Procedure and he also produced the accused persons for examination under section 164 of the Code of Criminal Procedure before the Magistrate. After completion of the investigation he submitted charge-sheet against the accused persons including the accused appellant ..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
.... with Civil Revision No. 4974 of 1999. Judgment MA Wahhab Miah J.- These two Rules have arisen out of an analogous judgment and are disposed of by this single judgment. 2. The opposite party No. 1 (in both the Rules) filed Title Suit No. 144 of 1975 in the court of Subordinate Judge, ......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....n in respect of all these false criminal cases. 3. Although the relevant records were sent by the jail authority, Satkhira Jail and the detenu was produced before the Court, none of the opposite‑parties appeared and filed any affidavit in respect of the allegations made in the order of issuance......st him pending in the district of Satkhira. This detenu Md. Nazrul Islam was also made an accused in Mongla PS Case No.4 dated 10.03.80 under sections 395/397 of the Penal Code and in that case after investigation FRT was submitted on 27.09.80 which was accepted by the Magistrate on 22.10.80, but th..Category: Criminal Law | Date: | Hits: 97
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....eports. In this connection the learned Joint District Judge noticed clause 15 of the tender document which provided that the pre-level section and enclosed with tender showing spot levels will form part of the contract agreement and quantities of earth will be calculated on the basis of pre-work a......ithdrawn the excess money against the works done in respect of groups D/1, D/2, E/1, E/2, E/3, F/1 and F/2. In support of his contention Mr. Mahbubey Alam has taken us to the exhibits and the local investigation reports and submits that these reports have been managed by the plaintiff on an influe..Category: Civil Law | Date: | Hits: 73
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
.... Liquor got secret information on 6.9.87 that some contraband medicines were on sale in the MS Drugs of Kazal Medicine Market in Mitford Area and on receipt of the information he laid a trap and as a part of the trap he sent constable Mujibur Rahman with Tk. 5000.00 to buy Phensidyl Syrup which is c......king of cognizance and proceeding with the case under the Special Powers Act by the Tribunal is bad in law. It appears that under the Special Powers Act a restriction has been placed in the matter of investigation and submission of report, that is to say, investigation be made and report submitted b..Category: Criminal Law | Date: | Hits: 60
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....o.139 dated 15.10.1980. The appeal case was numbered as Appeal case No.25187/81. The appellate authority after complying with the due formalities and after obtaining the Survey Report and hearing the parties allowed the appeal and directed the inclusion of the names of the petitioners to the extent ......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
.... office with the two currency notes and at about 4‑30 pm said Moniruzzaman was placed near Dolphin Furniture for receiving the signal from aforesaid Rezia Khatun and the other personnel of the trap party were standing nearby. 3. It is also the case of the prosecution that on receipt of the sign......Thereafter, the District Anti‑Corruption Officer, Md. Abdul Kashem Fakir lodged the First Information Report of this case. Thereafter, Inspector, MA Kabir of the Bureau of Anti‑Corruption took up investigation of the case and on completion of the same submitted charge sheet against the appellant..Category: Criminal Law | Date: | Hits: 90
....one Mr. Meaer Ahmed, Upazila Accounts Officer, Babuganj at the time of his transfer and Mr. Nur Mohammad received these scripts from Mr. Meser Ali giving written receipt. It is also stated that two departmental proceedings are now pending against the petitioner's father for misusing of official powe......ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619...
Category: Civil Law | Date: | Hits: 159
Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)
....ppeal has been filed by him before this Division. 9. Mr. Khandaker Mahbub Hossain, the learned Counsel appearing for the petitioner submits that when as many as 52 persons attacked the informant party including the deceased being armed with various weapons it was impossible on the part of the e......judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535...Category: Criminal Law | Date: | Hits: 52
Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)
.... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ......s taken to Sherpur hospital and thereafter to I.D. Hospital, Dhaka where he died on 6.1.1997 due to tetanus. Hence, the informant lodged the First Information Report (F.I.R.) on 7.1.1997. 3. After investigation, the accused were put on trial to face charges brought against them under Sections 304..Category: Criminal Law | Date: | Hits: 52
Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....roperty provided that the defendant No.4 paid Tk. 3,50,00,000/- only to the defendant No.1 in full settlement of its claim. The defendant No.5 then offered to sell the mortgaged property to a third party and knowing such, the plaintiff decided to purchase the property at Tk.3, 50, 00,000/-. On 1......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ..Category: Civil Law | Date: | Hits: 93
Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)
....e period in custody in the mean time. The accused-respondent being aggrieved by the said judgment and order of conviction preferred an appeal in the High Court Division, which upon hearing allowed in part and set aside the fine imposed upon the accused respondents. The High Court Division, however......the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ..Category: Criminal Law | Date: | Hits: 64
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....h as prayed for. The appellant is directed to submit concise statements within 27th March, 2011 and the respondent No.1 within one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Re......s name and other members of his family and thereby he has committed offence punishable under sections 26(2) and 27(1) of the Durnity Daman Commission Ain, 2004. The Bureau of Anti-Corruption upon investigation submitted a police report on 4th June, 2008 recommending for the prosecution of the ..Category: Criminal Law | Date: | Hits: 136
Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)
....Inspectors whose job is of supervisory nature to Sub-Assistant Cane Development Officer and because of this change, the status of the writ petitioners was changed and they were barred from taking part in trade union activities and also from getting overtime allowance for doing any job overti......k. 1,000/- is to be deposited within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508...Category: Employment/Service Law | Date: | Hits: 85
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....t, 2000, and accordingly the suit has been filed in proper forum. 6. The Admiralty Court on consideration of the material on record and the submissions of the learned Advocates of the respective parties as well as relying on a foreign decision in the case of SONIA's reported in (1983) 2 Lloyd......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....fect filed a solenama on 8th September, 1986 admitting the plaintiff’s title of that suit. Kashem Ali and Sonai Bibi, son and wife of Rahman Ali thereupon instituted Title Suit No.138 of 1969 for partition in First Court of Munsif, Barisal and obtained a decree on 22nd December, 1969 which was c......ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ..Category: Property Law | Date: | Hits: 62
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