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Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......f 2004 summarily rejecting the application filed by him under section 561A of the Code the Criminal Procedure. 2. The facts, in short, are that Md. Toufiqul Islam, Inspector, Task Force-4, Bureau of Anti-corruption, Dhaka on 3.04.2001 lodged a First Information Report with Shahajadpur Polic..Category: Criminal Law | Date: | Hits: 39
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....accused Majibul Hoque was affirmed, modifying the sentence as mentioned above and recording order of acquittal under Section 201 of the Penal Code. It may be mentioned that during pendency of the criminal appeals co accused Majibul Hoque, the Assistant Post Master died and as such the order of i...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......ok was issued in the name of aforesaid account holder and on that date co accused Majibul Hoque and the petitioner Mahbubur Rahman worked as Assistant Post Master and ledger clerk respectively and thereafter on different dates from 10.01.1980 to 12.05.1982 a total sum of Tk.1,40,900/- was withdrawn ..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......oy ghotona-sthole badir shalok Faruk kea ami dekhi nai” This witness being the only disinterested elderly neighbour of the informant, his evidence is of immense value which conclusively proved that the prosecution story is false and fabricated after......ting the aforesaid death reference and allowing the appeals in part affirming the order of conviction of the accused petitioner Mizanur Rahman alias Mithu and Shaheen Faraji under Section 326A read with sections 34 and section 457 of the Penal Code but altering the sentence of the death to t..Category: Criminal Law | Date: | Hits: 48
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....h as efficiency, good conduct, character, integrity, sense of value, honesty and temperamental suitability……………..(24) A person being an accused in a criminal proceeding or he is under suspension in connection with departmental proceeding or otherwi......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ...... March 9, 2005. Service matter: Seniority and Promotion The settled principle of law is that seniority alone is not the sole basis for promotion and that seniority does not create a claim for being promoted although the same creates a right in favour of an employee to cons..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....t during the vacation of Civil Courts in the months of December vacation benches are constituted by the Government in consultation with the Supreme Court for the purpose of disposal of urgent criminal matters only. This has been the practice from long before. Now it may be necessary with th......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ...... It is well-settled this section merely furnishes legislative recognition of an age old and well established principle that every court has inherent power to act ex debito justiae to do that real and substantial justice for the administration of which alone it exists or to prevent abuse of..Category: Civil Law | Date: | Hits: 119
Abul Hashem Vs. State, 2006, 35 CLC (AD)
....of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ......of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ......of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 30
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......r victim shafique aged about 22 years while was returning home from the local Aladipur Bazar at 8. P. M closing his Grocery shop in the bazar being accompanied by one Nurul Islam and when they reached in front of shop of Anowarul Haque Mia, a co-villager of the victim, the accused petitioner..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......desh Fisheries Development Corporation. The petitioner took lease of the said trawler by executing a lease deed on 29-11-2001 for a period of 5 (five) years at the monthly rental of TK. 1,04785, thereafter the said trawler was given to ownership of respondent No. 1 for its necessary rearing words..Category: Property Law | Date: | Hits: 31
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......are that one Md. Farooq Hossain an employee of Zaman and Company on 11.09.1996 at about 3.45 P.M. was returning with his companions to Narayanganj officer with sale proceeds of cigarette and while reached Eidgah field, four persons obstructed his way and tried to snatch away key of the van which..Category: Criminal Law | Date: | Hits: 52
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......hat he had been working as Laskor in the Bheramara Dredger Division, Bangladesh water Development Board, he was later on promoted to the post of tug Master in the pay scale of Tk. 220-420 he was thereafter given national pay scale of Tk. 325-610 as per Government circular dated 1-1-1981. It was f..Category: Employment/Service Law | Date: | Hits: 55
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......unnessa Khanam raised hue and cry the accused persons attacked them and assaulted them and that Ataur Rahman Toni being seriously injured was taken to Dhaka Medical College Hospital and was under treatment there and that on the basis of the aforesaid First Information Report, Sirajdukhan P. S. C..Category: Criminal Law | Date: | Hits: 41
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ent for 2 (two) months more. 3. Against the aforesaid judgment and order of conviction the appeal being filed has been disposed of by the learned Additional Sessions Judge, Munshigonj as already mentioned above. Thereafter the petitioners moved the High Court Division in Criminal Revisio..Category: Criminal Law | Date: | Hits: 27
Shahabuddin Vs. State, 2006, 35 CLC (AD)
....d evidence on record passed the impugned judgment. 6. It may be mentioned that application under section 561A of the Code of Criminal Procedure cannot lie praying to quash the judgment of a criminal trial unless it is shown that there is no legal evidence. In the instant case the learned ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......said P.W.2 on the basis of which Feni P.S. Case No. 20 dated 20.03.1998 was started and the case being investigated charge sheet was submitted on 17.07.1998 under Section 19(a) of the Arms Act read with Section 26 of the Special Powers Act, 1974. 3. The case thereafter being sent for..Category: Criminal Law | Date: | Hits: 45
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
.... Division in Criminal Revision No. 1156 of 200) Judgment: Md. Tafazzal Islam J.- This criminal petition for leave to appeal by accused petitioner is against the Judgment and order ......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......at Nurbanu got married to the accused petitioner A Mannan @ Abdul Mannan at a dower of TK. 17,000. After the marriage the informant lived with the accused petitioner peacefully for few days and thereafter the accused petitioner demanded dowry to TK. 10, 000/- and asked the informant to fetch the..Category: Criminal Law | Date: | Hits: 38
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... Criminal Appeal No. 1127 of 1998) Judgement: Md. Tafazzal Islam J.- This criminal petition for leave to appeal filed by the accused petitioners is against the Judgment and ...... 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. ......his father Durud Miah and Tunu Miah and started assaulting them with sulfi and lathi and the informant and his brother rushed to the place of occurrence 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 S..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....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. ......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. ......titions are that on 17.10.1991 in between 5.30 to 6.00 a.m. while informants brother Hafez Shaikh Md. Abdul Wahed after saying his "Fazar" prayer in the Mosque was returning home and reached in front of their house then these three petitioners along with others being armed with Pi..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. ......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. ......unger son Raihan, who came back home with a letter of his mother at about 6.30 of that evening; and that at night the informant slept with his two sons and woke up in following morning, took breakfast along with his two sons and after breakfast sent his younger son Raihan to his father in l..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
....1997) Judgment: Md. Tafazzal Islam J. - Delay of 398 days is condoned. 2. This criminal petition for leave to appeal at the instance of the accused-petitioner is directed a...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......at the informant Anisur Rahman, A Sub-Inspector of police D.B. Branch, Bogra, along with 2 constables on 5.2.1996 at about 13-35 P. M. went out to watch the movements of criminals of the town area and then they saw the accused- petitioner and another person sitting on a rickshaw with a ..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....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. ......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. ......r Ali, brother of Sabdar Ali P.W.1 along with his cousin Moslem (P.W.11) were cleaning weed from their land and after completing the work while they were returning there from at about 2/2. 30 P.M. reached near wheat field of one Mohammad Ali, then the accused petitioners along with others surrou..Category: Criminal Law | Date: | Hits: 31
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