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Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... the confession of co-accused Alo could not be used against the Appellants as it is without independent corroboration. 2. The Appellants along with two other accused were put on trial to answer a charge of an offence under section 326-34 of the Penal Code, and were convicted by a First Class Mag...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....he Muslim Law of Inheritance. The minors were admitted to the benefits of the partnership but they are not responsible for the loss. The firm was assessed in the status of a registered firm for the charge years 1964-65, 1965-66, and 1966-67. The Income Tax Officer included the shares of the five m......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.....W.2 Maksudur Rahman narrated the occurrence to them. P.W.1, paternal uncle of the deceased lodged the F.I.R. with Baufal Police Station. 3. Police on completion of investigation, submitted charge sheet against the accused persons. 4. At the trial the accused persons were charged ...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....from that house. The accuseds kidnapped the victims and kept them in confinement for realization of ransom money from the informant party. 3. Police on completion of investigation submitted charge sheet under sections 13/14 of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995(shortly ......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... Division of the Supreme Court of Bangladesh in Writ Petition No. 396/89 as preferred by the petitioner, appropriate review committee was formed consisting of 5 members, Additional Secretary in-charge of Ministry of Law and Justice being convenor of the said committee to dispose of the revie......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....e spot while injured Jalil Munshi was rushed to the hospital where he had died subsequently. 3. Upon the said first information report, police investigated the case and thereafter, submitted charge-sheet on 8-12-2001 and the case was ready for trial and it was transferred to Divisional Dr......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....ements under section 164 of the Code of Criminal Procedure. The investigating agency arrested some other accused, seized alamats, examined witnesses. 4. After completion of the investigation charge-sheet has been submitted on 19-3-2005 against the accused AKM Abdul Quayum and 7 others unde......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....on the allegation of committing murder of one Shahajuddin Bepari of Moharajpur, Police Station Rajbari on 19-7-1993 and for causing disappearance of evidence of the aforesaid offence and were thus charged under sections 302/34 and 201/34 of the Penal Code. The learned Sessions Judge by examining......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....wo persons, namely, Abdul Kalam Babul and Arif Haider died and respondent No. 2 Abu Lais Chowdhury was injured and the materials used for making bombs were seized from there and thereafter Officer-in-charge of Chatak Police Station lodged an first information report with the said police station unde......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ..Category: Criminal Law | Date: | Hits: 184
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ..Category: Employment/Service Law | Date: | Hits: 109
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
....y leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. 2417 of 1996. The High Court Division by the aforesaid judgment discharged the Rule obtained impugned order of compulsory retirement dated July 30, 1994. 2. Fa...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....here he succumbed to the injuries on the following morning. Abdul Hamid Matbar, PW 1, brother of the deceased, lodged first information report with the local police station and after investigation charge-sheet was submitted against the accused Aynul Sheikh, the two appellants and other acquitted......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..Category: Criminal Law | Date: | Hits: 42
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... Assembly shall frame a Constitution for the Republic." 50. In the Fourth Schedule in paragraph I it was mentioned "upon the commencement of this Constitution the Constituent Assembly, having discharged its responsibility of framing a Constitution for the Republic shall stand dissolved". By Art......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....uary 22, 1989. Result: The appeal is allowed and the judgment and order of the High Court Division is set aside. Conviction and sentence of accused is set aside and he is acquitted of the charge. The Code of Criminal Procedure, 1898 (V of 1898), sections 164 & 342 It is in the ...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....ragged her dead body out of the hut and left it in the garden and then abducted him. In due course the appellants were challaned by the police and were put on trial before the Court of Session on the charges of murder of Halima Khatun, and abduction of Shariatullah. 3. The charges were denied by ......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
...., sections 302/149 Scrutinising the evidence, offence of causing assault upon the victim resulting to his death has not been proved against Tayeb Ali and Ramjan Ali. Hence they are acquitted of the charges under section 302/149. Participation of appellant Budhi is well established. It is he who ha......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
.... The Stamp Act, 1899 (2 of 1899), Section 2(17) It is now well settled that a mortgagee, in the absence of any contract to the contrary, is entitled to treat the interest due under a mortgage as a charge upon the mortgage property, and the mortgagor, at the time of redemption, is bound to pay the......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
....3,000/- was altered to Taka 30.000/- both in figures and words,, by the appellant, the Assistant Accountant of Sonali Bank, Sirajganj Branch, in collusion with the contractor. After investigation a charge-sheet was submitted against the appellant and the contractor, Firozur Rahman. 3. The Min...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..Category: Criminal Law | Date: | Hits: 53
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
.... Case No. 6 of 1970-71. But at the instance of some interested persons who made unsuccessful attempts to establish their claim to the land the Additional Deputy Commissioner and other officers in-charge of Enemy Property (defendants Nos. 1, 2 and 3) started the Vested Property Case in 1979, as s......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....n of Bangladesh, 1972 (as amended), Article 117(2) The Administrative Tribunal Act, 1980 (VII of 1980) Further ground allowed by the Court to be urged by the appellant A Government servant discharged from service in an unauthorized manner cannot be deprived from payment of arrear pay after h......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..Category: Employment/Service Law | Date: | Hits: 103
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