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Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)

....g in the Court of learned Chief Metropolitan Magistrate, Dhaka  and  the High Court Division, upon hearing the parties and in consideration of the facts and circumstances of the case, discharged the Rule. Being aggrieved and dissatisfied thereby the accused-petitioners have come up wit...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ..

Category: Criminal Law | Date: | Hits: 39

Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)

.... 164 of the Code of Criminal Procedure and the police also recovered exchanged TK.33,000.00 from one  Zaman friend of accused  Abdur Razzak. 4. After investigation police submitted charge sheet accusing 4 (four) accused including the petitioners. 5. The prosecution in cours......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ..

Category: Criminal Law | Date: | Hits: 40

Md. Sirajul Islam Vs. State, 2007, 36 CLC (AD)

.... judgment and order dated January 25, 2001 of the Court of Divisional Special Judge, Rajshahi Division, Rajshahi in Special Case No. 1 of 1998 (Rajshahi). The appellant was put on trial to answer the charge under sections 409/468/477A of the Penal Code read with section 5(2) of the Prevention of Cor......irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ..

Category: Anti-Corruption Laws | Date: | Hits: 111

Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)

....n Criminal Appeal No. 192 of 1994 and Government Appeal No. 25 of 1995. 3. The accused-appellants were prosecuted in Sessions Case No. 38 of 1990 in the Court of Sessions Judge, Barisal. They were charged under sections 302/34 of the Penal Code for committing murder of one Faujia Rahman Chapa (25...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..

Category: Criminal Law | Date: | Hits: 94

Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)

....178 of 1992 before the High Court Division against the judgment and decree dated 29-6-1992 passed by the appellate Court in Title Appeal No.377 of 1991. A Single Bench of the High Court Division discharged the Rule with costs by the judgment and order dated 5-7-1994 and against which defendant No......cogent ground for interference in the impugned judg­ment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..

Category: Procedural Law | Date: | Hits: 86

Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)

....and other connected papers on record. 6. The learned Counsel submits that the High Court Division observed that the trial Court (Additional District Magistrate) had no jurisdiction to frame charge under section 307 of the Penal Code but, in fact, the trial Court had jurisdiction and, as s......ate  had  no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 34

State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)

.... interpolation by inserting 3.97 acres land in place of 0.97 acres of land and thereby they committed offences under the aforesaid provisions of law. Police on comple­tion of investigation submitted charge sheet in the case against the accused respondent and others under the aforesaid sections of l...... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ..

Category: Criminal Law | Date: | Hits: 63

Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)

.... was an Executive Engineer under the Roads and Highways Directorate and working in the Roads Construction Division-I, Dhaka at the relevant time was placed under suspension and proceeded against on charges of misconduct and corruption under the Government Servants (Discipline and Appeal) Rules 1......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..

Category: Administrative Law | Date: | Hits: 94

Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)

....l designation. There is no conflict between the two expressions “persona designata” and “Court” inasmuch as a persona designata may be a Court. The test is the power and function he has to discharge. 6. To turn to the two clauses of the Trust deed, we find that they say that the Mela com...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ..

Category: Trust/Waqf Law | Date: | Hits: 185

Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)

....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ..

Category: Election Law | Date: | Hits: 114

Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)

....e appeals are that Criminal Appeal No. 4 arises out of GR case No. 523(2)/72. The occurrence is alleged to have taken place on 14-6-71. The First Information Report was lodged on 20-4-72, and the charge-sheet was filed under section 148, 447, 302/34, 342 and 109 of the Penal Code. Criminal Appe...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ..

Category: Criminal Law | Date: | Hits: 45

Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)

....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..

Category: Civil Law | Date: | Hits: 89

Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)

....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..

Category: Tenancy Law | Date: | Hits: 142

Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)

....lare that— (a) I have assumed and entered upon the office of the President of Bangladesh with effect from the morning of the 15th August, 1975: (aa) If I am unable to discharge the functions of me office of President for any reason or if I want to vacate the office of......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207.  ..

Category: Constitutional Law | Date: | Hits: 307

Faridul Alam Vs. State and another, 2007, 36 CLC (AD)

....e Court of the learned Chief Metro­politan Magistrate, Chittagong. 3. The accused petitioner has been allowed bail by the learned magistrate on 19-6-2004. After hearing the parties charge has been framed against the accused petitioner under section 138 of the Act to which he plead......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ..

Category: Criminal Law | Date: | Hits: 138

Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)

....t to kill him; on the basis of above FIR, Nazirpur PS Case No. 12 dated 9-5-1998 was registered under sections 147/347/379 of the Penal Code and after investigation the police on 8-9-1999 submitted charge sheet under sections 143/447/379 of the Penal Code against 33 persons including the accused ......ned Counsel could not point at any illega­lity or infirmity in the decision of the High Court Division so as to call for any inter­ference. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

Bangla­desh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)

....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60.  ......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60.  ..

Category: Constitutional Law | Date: | Hits: 133

Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)

....r made out against the respon­dent No. 1 under sections 385/109 of the Penal Code. Ex-fade no case is maintainable against her. 9. It was further stated that after investigation police submitted charge sheet, being charge sheet No. 271 dated 23-7-2007 under sections 385/109/34 of the Penal Code......ich the question is raised can be pro­perly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..

Category: Civil Law | Date: | Hits: 254

Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)

....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..

Category: Constitutional Law | Date: | Hits: 124

Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)

....d as plaintiff in the cross suit. As against that the defendant No. 2 moved the High Court Division and obtained Rule in Civil Revision No. 562 of 1997 and after hearing the High Court Division discharged the Rule holding that the plain­tiff being permitted to withdraw the suit there remaine...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..

Category: Civil Law | Date: | Hits: 111