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Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ...... of the appellant, PW 20 Medical Officer, who held autopsy of the dead body of the victim and PW 21 is the Investigating Officer. PWs 11, 13 and 17 were tendered by the prosecution but the accused persons declined to cross-examine them. PWs 4 and 9 are the witnesses to the inquest report, PWs. 8..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......n 7 days of the notice and to show cause against such surrender within such period, if he fails to do so the Deputy Commissioner shall take possession of the same. 7. Article 15 provides that any person claiming any right or interest may within 3 months of the announcing of the order claiming an..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
.... Khondaker Khairul Kabir ........................Respondent Judgment April 10th, 2005. The Government Servant (Discipline and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good ground for proceeding against the accuse......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......rother of Abdul Kader Mridha, PW 1 and his son Hanif went to cultivate their land while co-accused Mokbul Mridha and others forcibly entered into the land of Plot No. 216 with the help of some police personnel and attacked Abdul Aziz and his son with lathies and then Abdul Aziz and his son came back..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......rt Division has misapplied the decision in the case of Magistrate, Lahore vs Sayed Fayezuddin and others reported in 17 DLR (SC) 309. 6. Under section 3 of the Cinematograph Act, 1918, no person can exhibit a cinematograph film "elsewhere than in a place licensed under this Act, or..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... did not properly consider this aspect of the case and as a result these has been miscarriage of justice and the next submission that, Article 135(1) of the Constitution provides that "No person who holds any civil post in the service of the Republic shall be dismissed or removed or re..Category: Administrative Law | Date: | Hits: 128
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......und of its own, the major contribution, nay, the entire contribution to it was made by the Government; the Parishad was to have its own officers and staff to be paid by it, but at the beginning these personnel were provided and paid by the Government treating them as "on deputation" for the present...Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ...... UCBL. He had 25,000 shares of Tk. 100 each in the said Bank. The Bank in due course of business provided credit facilities to the various companies owned by the judgment‑debtor No. 2 on his personal guarantee. The total outstanding liability stood at Tk. 69,93,579.60 on 31.3.87 and on the..Category: Business or Commercial Law | Date: | Hits: 124
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
.... and speedy remedy or not. University of Dhaka, though it’s Syndicate proposed to review the order passed upon the students but the standing committee had already considered the report of the Inquiry Committee and endorsed by it, the same cannot be altered and the punishment as imposed upo......n enquiry and found substance in the allegations, in particular, they found that answer‑scripts of 176 examinees were smuggled in from outside as these scripts were in the handwritings of different persons. On consideration of the report of the Committee, the Discipline Board of the University sub..Category: Constitutional Law | Date: | Hits: 169
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......9. RAJUK is, therefore, entitled to cancel the allotment and determine the lease for violation of clause 25 of the original lease deed following the procedure laid down in clause 28(1) thereof. The personal liability for the act of swearing false affidavit was also binding upon the appellant and ..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......dead body was removed to the hospital in connivance with the doctor. It was their further defence that deceased Tara and his friends used to tease school-going girls who were sisters of the accused persons who had protested against such acts of Tara. Out of that grudge they were falsely implicat..Category: Criminal Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ...... (SC) 41, an employee of a statutory Corporation cannot be dealt with under the master and servant law. The principle of natural justice envisages that none should be condemned unheard and that a person against whom any allegation is brought must be given reasonable opportunity to defend himsel..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ion of the government there was an altercation between the informant party and the accused. On the following morning PW 1 went to the market and opened his grocery shop. He found die eight accused persons siting in the tea‑stall of Rahim and talking among themselves. The accused then went ..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......ourt suffers from Coram Non Judice in view of the Administrative Tribunals, Act, 1980, which has ousted the Civil Court's jurisdiction in all matters relating to terms and conditions of service of persons in the service of the Republic or of any statutory authority, like the appellants' Bank. ..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......Saleh Ahmed with Sohrab Ali defendant No. 4, to take delivery of the said quantity of salt. Being suspicious of the activities of defendant Nos. 3 and 4, the plaintiff went to Khulna and on 14.1.78 personally instructed the Manager of defendant No. 3 in writing to stop the delivery of salt to tho..Category: Business or Commercial Law | Date: | Hits: 99
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......t before order in suit (1) in other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the court, be continued by or against the person to or upon whom such interest has come or devolved." It is clear that in a pending sui..Category: Limitation Law | Date: | Hits: 175
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......tion in court. It is difficult to see how Rajeshwar as plaintiff could have obtained any relief for rescission of contract under section 35 of the Specific Relief Act which is as follows: "35. Any person interested in a contract in writing may sue to have it rescinded, and such rescission may b..Category: Property Law | Date: | Hits: 82
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......rom where it could be reasonably inferred that there are reasonable grounds for believing that the appellant has committed the offence. Section 497 of the Code of Criminal Procedure provides that any person accused of any non‑bailable offence shall not be released on bail if there appear reasonabl..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......49 of the Penal Code. This order was made in its judgment dated 28 May 1982, On appeal, the learned Judges of the High Court Division found that the identity of the actual assailants, that is, the persons, who bad assaulted, and caused the death of Giasuddin was not established in view of discre..Category: Criminal Law | Date: | Hits: 59
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ...... Abul Hossain, an inhabitant of Char Ruhita, followed by the deceased Chairman, who started perusing notices of monthly meeting and the resolution book for his eventual signature. The three accused persons, Abul Khair, Mosharraf Hossain and Mainuddin came near the Union Parishad office on a moto..Category: Criminal Law | Date: | Hits: 61