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Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......ce to rescue their father and Tunu Miah and thereafter the petitioner No.1 Samar Uddin gave a sulfi blow on the left side of the chest of victim Saidur Rahman, accused Askar gave lathi blow on the body of the above victim and petitioner No.2, Asrat gave a sulfi blow on the left side of the chest..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....1 was lodged by the informant P.W.1 on the date of occurrence (17.10.1991) in which the informant (Abu Nairn) brother the deceased Sheikh Md. Abdul Wahed having performed his Fazar prayer in a local Mosque, came back in front of his house 101/1, Hazi Mohsin Road Abu Khan Lane, the accused h......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ...... wife of the informant's cousin Shafiqul Islam entered into the informant's house at 9 A. M. for taking water from tube well and called by the name of his eldest son but having no response from anybody she entered into the house and found the eldest son of the informant Touhidur Rahman @ Rubel a..Category: Criminal Law | Date: | Hits: 53
Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....itnesses Iman Ali with ballam and Rahmat Ali was also assaulted while he protested and that as a result of injuries Shukur Ali died and aforesaid Sabdar Ali lodged First Information Report with the local police station on the basis of which Kotwali P.S Case No. 3 dated 07.02.1984 was started aga......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....ch of three batteries and recognized the accused respondents running towards the east and that thereafter P. Ws, 6, 7, 8 and 11 came to the place of occurrence and Romeza was at first taken to the local hospital and then to the hospital at Khulna. Subsequently on 2.12.1989 at 8 P. M. P. W.1 lod......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
.... got by the gift dated May 31,1958, that his father possessed the gifted property and after him he is in peaceful possession of the land so gifted by the Zamindar, that the defendant No.5 i.e. local Tahshilder taking advantage of the wrong record of right in the name of the Government threat......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 43
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......-51 was handed over to the Railway on December 19, 1965 and February 27, 1966 and the Railway is possessing the same as Station and yard and the Railway being the requiring body, the Ministry of Works had no right to lease out the land in suit to the plaintiff and the all..Category: Property Law | Date: | Hits: 32
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
....rms Act was started and that the present case being investigated the police submitted charge sheet against the accused petitioner and others and that the petitioner being a sitting chairman of the local union parishad appeared before the High Court Division for anticipatory bail on 26.01.2002 an...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......ents after the occurrence imported story of electrocution in the house and staged a drama of breaking open the locks of the door of the place of occurrence room. He emphasises that removal of dead body to the hospital coupled with other circumstances lead to the irresistible conclusion of the gu..Category: Criminal Law | Date: | Hits: 129
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ..Category: Civil Law | Date: | Hits: 104
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
....vision further observed that one of the co-accused Shajahan of this case was brutally murdered while he was on bail and the wife of the accused petitioner respondent made a G.D. Entry with the local police station alleging that she is the only tadbirkar of her husband and she was being thre...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... 1974 is as follows: “Public Servant' includes any person who is, for the time being, in the service of the Republic or of any Corporation, nationalised enterprise or local authority or who, on the basis of having at any time been in the service of Pakistan, ......s were passed by the government in the Ministry of Civil Aviation and Tourism and because of that order of retirement was found valid. 14. The question whether a Corporation or a Statutory body having provision in their service rules / Regulations similar to the provision of section..Category: Employment/Service Law | Date: | Hits: 79
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....ous error of law in dismissing the appeal without noticing that the trial Court has mentioned in his judgment that the appellant had deposited Taka 1, 25,113.87 in the current account No. 2120 of the local branch of Sonali Bank and, as such, there was no defalcation of money, therefore, the impugned......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 90
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....of economic and financial interest of the State and though it has not been expressly stated in the statute it is clear from the nature of duties and responsibilities of the persons constituting these local bodies. It is a common knowledge mat for non-payment of loans taken from State-owned banks, th......erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..Category: Election Law | Date: | Hits: 124
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......d to the filing of nomination paper and prayed for holding election of the said Union Parishad after setting aside the election thereof. 4. The Election Commission by a short order passed on the body of the said petition on 2.7.88 refused to interfere in the matter. The respondent then filed ..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....ion of the suit land from the plaintiffs on 21.6.60. The suit land was requisitioned with the object of permanent acquisition, but no notice under section 5(1a) and (3) of the Act was served in the locality or on the plaintiffs as required by law for acquisition. An Additional Deputy Commissione......s requisitioned oh 21.6.60 with a view to permanent acquisition for Railway Staff Quarter under L.A. Case No. 63 of 1959-60. Vacant possession of the land in question was handed over to the requiring body on 2.7.60 and since then the Railway Board is possessing the suit land after constructing their..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....acres by registered Sale Deeds and since then she had been enjoying and performing acts of ownership and possession by residing in the house and paying rents and taxes to the Government and other local authorities. The husband of the appellant was a politician belonging to the Muslim League Part......operty the possession of which had allegedly been taken as abandoned property under P.O. No. 16 of 1972. The appellant asserted that she is in possession of the said house and the respondents or anybody else on their behalf have not taken possession of the said property nor served any notice to in..Category: Property Law | Date: | Hits: 54
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....it was under Order 1, rule 8 of the Code of Civil Procedure. The Court allowed the proceeding to continue as such by its order dated 1.6.88. 3. This School was established at the initiative of the local people in 1933 and in order to make it a modern institution, the Government requisitioned 12 b......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ..Category: Election Law | Date: | Hits: 125
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