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Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 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) 449. ......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) 449. ......d Hospital, and the petitioner in good faith, took delivery of the car but later on, the petitioner detected that only the photo copy of the blue book was given and original was not handed over; thereafter the petitioner on meeting the respondent No.1 requested him to deliver the original bluebo..Category: Criminal Law | Date: | Hits: 47
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......000. In the meantime on 06.08.2000 the accused petitioner No.1 voluntarily surrendered before the learned Magistrate with a prayer for bail and the learned Magistrate was pleased to grant bail. Thereafter, the accused petitioner No. 2 on 10.08.2000 voluntarily appeared before the learned Magist..Category: Criminal Law | Date: | Hits: 41
Zahid Vs. Tanzir Hossain Mallick and another, 2007, 36 CLC (AD)
.... point out any infirmity of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 434. ...... point out any infirmity of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 434. ......ode and issued warrant of arrest, that the police in execution of the warrant arrested the accused persons and produced them before the Court, that the accused persons were enlarged on bail and thereafter the petitioner herein moved the High Court Division by filing application under sectio..Category: Criminal Law | Date: | Hits: 56
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....sp; 14. Being aggrieved by the said judgment and order of conviction and sentence of the Metropolitan Magistrate, the petitioner filed a criminal appeal before the Metropolitan Sessions Judge, Dhaka being Criminal App......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......isclosed by him before the Court. 9. Against the order of the Panel Judge, DSE the petitioner filed DSE Appeal No.1 of 1999 who by judgment and order dated 11.03.1999 rejected the appeal. Thereafter the petitioner was convicted on 01.07.2001 by the Metropolitan Magistrate Court, Dhaka. On ..Category: Criminal Law | Date: | Hits: 50
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......d that granting of license to the respondent No. 2 to exhibit motion picture film in the said Cinema Hall. 2. The facts, in short, are that Capri, Cinema Hall was established in Tongi Industrial Area by the respondent No.2 and his late father on taking loan From Bangladesh Shilpa Bank (BSB) in t..Category: Civil Law | Date: | Hits: 128
State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)
....e judgment and order passed on 3-4-2005 have been pleased to accept the reference in part so far it relates to Md. Fazal and reject the reference regarding Abdul Jalil and Amiruddin, both the criminal appeal and jail appeal preferred by Abdul Jalil and Amiruddin have been allowed. 8.......cal Officer for recording her dying declaration. Accordingly, the doctor on duty recorded the dying declaration of the victim. In the meantime arrangement was made for sending the victim to Mymensingh Sadar Hospital. Next morning she was shifted to Mymensingh Sadar Hospital. In the afternoo......y;tal. Accordingly, in a van the victim was taken to the hospital and when they were on the way the police van came and took the victim to the Jamalpur Hospital where she was given necessary treatment. Police went to Jamalpur Hospital. Condition of the victim being precarious police ga..Category: Criminal Law | Date: | Hits: 38
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....ted 22-8-2005 the informant respondent Sonia Akhter moved the High Court Division by filing Criminal Appeal No. 4082 of 2005 and the High Court Division after hearing allowed the appeal. Hence the criminal petition for leave to appeal by the accused-petitioners. 5. Mr. Md Aftab Hossain, t......orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......ge, when accused Sumon and Kazi Farooque assured the informant that marriage would be solemnised after some days and, as such, there is no problem in going to the house of the friend of Mahbub. Thereafter, the accused persons took informant Sonia Akhter to Hotel Bodor in front of Sutrapur T..Category: Criminal Law | Date: | Hits: 79
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......or payment of salary to the teachers and staff of the School for July, August, September, 1993 and purchase of question papers etc., cheque No. 5075366 dated 4-10-1993 for Taka 4,800 was issued for arrears pay to the teachers and other incidental expenses, cheque No. 5075367 dated 31-10-1993 for c..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....e State reported in PLD 1979 SC 741 it was held on review as under: "It will be seen that according to rule 1 of Order XXVI of the Supreme Court Rules the power of review is to be exercised in a criminal proceeding on ground of an error apparent on the face of the record, and in a civil proceed......ported in 7 BLC (AD) 67 as regards the effect of Convention in our country and also decision reported in 44 DLR 39 regarding Article 13 of Universal Declaration of Human Rights having the spiritual dimension of man. The learned Counsel has further submitted with reference to GATT i.e. General Agre......of the trade mark on the basis of Article 6 of the Paris Convention." 7. The case of the appellant in brief is that the appellant filed an application under section 46 of the Trade Marks Act, 1940 read with Rule 65 made there under before the Register, Trade Marks Registry, Dhaka for rectificatio..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
.... between the witnesses of the first party as regards possession. None of the grounds taken by the learned Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005)......Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......rtion is salt bed. The second party men who are dangerous and desperate in nature collected unauthorized arms and hired goondas to oust the first party from possession. Thus apprehending breach of peace and loss of lives the first party filed N. G. R. Case No. 132 of 1978. 3. Th..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....ed the case by filing written objection stating, inter alia, therein that the order of compulsory retirement was legally passed and confirmed in appeal because of the respondent's conviction on a criminal charge in a Martial Law Court. 5. It appears that the decision in the matter at both the......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......the respondent filed the aforesaid case before the Administrative Tribunal on 10.2.1991 for setting aside the order of compulsory retirement and for a direction to reinstate him in service with all arrear salaries etc. 4. The appellant contested the case by filing written objection stating, inter..Category: Administrative Law | Date: | Hits: 144
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
....isciplinary Case Procedures, 1977. The said office order was communicated to him under Memo No. 4E/ 217 70-747 747 (60) dated 29 March 1984 of the District Manager (Fertilizer), BADC, Barisal. The criminal appeal preferred by the respondent was allowed by the High Court Division by judgment and ...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ......1 dated 7 October 1974 which gave rise to special case No. 8 of 1977 before the ex-officio Special Judge, Bakergonj. The learned Special Judge convicted him under section 409 of the Penal code read with section 5(2) of Act II of 1947 and sentenced him to suffer rigorous imprisonment for 5 ye..Category: Employment/Service Law | Date: | Hits: 97
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......t 8:30 in the morning of 27.05.1996 on Monday the informant accompanied by his sons Ruhul Amin and Shahidullah were going to their own residence at village Vete Morjal. At about 8:30 A.M. when they reached at the eastern side of the homestead of one Fazlul Miah of Vete Morjal in Raipura Thana wi..Category: Criminal Law | Date: | Hits: 47
Mohammad Mozaffar Ahmed Miah Vs. State and another, 2007, 36 CLC (AD)
.... In that view of the matter we find no substance in the petition. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ...... In that view of the matter we find no substance in the petition. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ......cellaneous Case No. 4181 of 2003 discharging the Rule. 3. On perusal of the grounds urging which the petition for review has been filed it is seen that contentions made in the grounds have already been addressed by this Court while dismissing the Criminal Petition for Leave to Appeal. ..Category: Criminal Law | Date: | Hits: 38
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... and story of the forged American Visa were not proved. The High Court Division also observed that the defendant appellant did not produce any document in the Court below in respect of the alleged criminal case filed against the plaintiff. Being aggrieved, by the judgment and decree passed by th...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ...... in such situation, the wife of the defendant requested the plaintiff for money and the plaintiff gave her cheque of Tk. 5,000/- on Sonali Bank, Rajendrapur Cantonment Branch, on 26.01.1993 and thereafter, the defendant No.1 coming out of jail on bail requested for some money to the plaintiff on..Category: Property Law | Date: | Hits: 34
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... 6. We have heard the learned Deputy Attorney General for the State and Mr. Khandaker Mahbub Hossain for the accused respondent. 7. There is no period of limitation for starting a criminal proceeding for bringing the criminals to justice. But care should be taken to start a crim...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......amunur Rashid alias Mamun along with their friends Hasanuzzaman alias Babu, Ibnul Hasan alias Raja and Jewel were proceeding towards the Upazilla Office for the purpose of correcting voter list and reached near the turn of B.M.C. College Road accused respondent with others first took them to the..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ...... subject matter consists of rent receiving interest in different touzis, taluks and tenures in different shares and also khas lands of different kinds comprising two wakf estates, one wakf lillah created by the great grand father of the plaintiff and the other wakf alal-aulad by his grand father..Category: Property Law | Date: | Hits: 43
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......" and that as the Parichan Bibi during her life time or her son P.W. 3 did not challenge the soleh decree, that the judgment and decree of the courts below is based " on misreading and non reading and non consideration of the evidence of (sic) record" and thus the ap..Category: Property Law | Date: | Hits: 37
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....ch by its order dated 8.9.82 in Criminal Revision No. 608 of 1978 refused to quash the proceedings observing that the facts alleged in the charge-sheet and the First Information Report constitute a criminal offence. 4. Leave was granted to consider whether the alleged offence is triable un......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......e direction of his principal abroad" on behalf of wage earners in U.K." On the said application the Additional Superintendent of Police started the aforesaid G.R. Case. An Inspector of Bureau of Anti-Corruption, Bangladesh Bank Branch, after investigation submitted charge-sheet on 11-04..Category: Criminal Law | Date: | Hits: 51
State Vs. Md. Haroon, 1984, 13 CLC (AD)
.... The state moves the Appellate Division against an acquittal order passed by the High Court Division Principle that guides the Appellate Division in such a matter It is well settled that in criminal matters the Appellate Division of the Supreme Court of Bangladesh does not re-open evidence......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......oubt given by the Appellate Division was not in accordance with the established principles of law…………(17) The order of acquittal passed by the High Court Division not being based on cogent reasons, acquittal on benefit of doubt given by the High Court Division is set aside and the appella..Category: Criminal Law | Date: | Hits: 64
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