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Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)

....e, Dhaka on 18.10.2001. Upon perusing the above appli­cation for cancellation of bail filed by the informant petitioner, the learned Chief Metropolitan Magistrate, Dhaka directed the officer-in-charge of the concerned police station to investigate into the matter and submit a report by order ...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accor­dance with Rules. Ed. ..

Category: Criminal Law | Date: | Hits: 31

Mahabubul Goni Vs. State, 2005, 34 CLC (AD)

....nder section 420 of the Penal Code and directed the learned magistrate to proceed in the light of the records thus being received by the learned Magistrate, he after hearing the par­ties framed charge against the accused peti­tioner under section 397 of the Act. 3. Being aggrieved ......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 29

State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)

....espondent. 6. The F. I. R. case is that Delwar Hossain Talukder in the broad day light fired a gun shot and killed the brother of the informant. It also appears that the police has submitted charge-sheet against the respon­dent and others under different sections including section 302 ......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ..

Category: Criminal Law | Date: | Hits: 68

Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)

....it petition. 3. The respondents did not file any affi­davit - in - opposition and nobody appeared for any of the respondents the time of hear­ing. 4. The High Court Division discharged the Rule on a technical ground, namely, that section 196B of the Act. As quoted in the writ......al remedy and no use­ful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)

.... 10. The respondents are liberty to men­tion the matter fixed for hearing in the chamber. The petitioners are directed to pre­pare paper book within 6 (six) months. Ed. ...... 10. The respondents are liberty to men­tion the matter fixed for hearing in the chamber. The petitioners are directed to pre­pare paper book within 6 (six) months. Ed. ..

Category: Employment/Service Law | Date: | Hits: 81

Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)

....having received the postmortem report lod­ged the FIR on 28-8-1995 and Ghior Police Station Case No. 10 of 1967 dated 29-8-1995 was started, 3. The police after investigation submitted charge sheet against the condemned-prisoner Mukter Hossain under sections 302/201 of the Penal Code......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..

Category: Criminal Law | Date: | Hits: 71

Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)

....ch provides as follows:- "24. (2) A Government servant "convicted by a court of any offence, including any offence involving moral turpitude, shall not be dis­missed, discharged or removed from service automatically. The Government shall consider the cir­cumstance......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..

Category: Criminal Law | Date: | Hits: 33

National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)

....spondent Nos. 1-3 did not file any affidavit-in-opposition, but at the time of hearing a Law Officer of the Government appeared for the said respondents. 9. The High Court Division discharged the Rule upon observing "From the aforesaid annexures we are of the view that the peti......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 43

Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)

....nizance of the offence under Sections 406 and 420 of the Penal Code and issued warrant of arrest against the petitioner and subsequently the petitioner was granted bail. It is further stated that the charge under Section 420 of the Penal Code was framed against the petitioner and the case is pending......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ..

Category: Criminal Law | Date: | Hits: 92

State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)

....ahman, under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life. The learned Sessions Judge by the same judgment acquitted accused Abdus Samad Mondal of the charge leveled under sections 302/34 of the Penal Code. 2. The aforementioned convicts filed Crim......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..

Category: Criminal Law | Date: | Hits: 44

Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)

....4 to show cause as to why they should not be directed to implement the order dated 01.08.2001 issued under the signature of the respondent No. 4 on behalf of respondent No. 2 (Annexure-'C') to give charge of the office of Mutawalli of Ershad Ali Chowdhury Waqf Estate to the petitioner within one......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 199

State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)

....d. Sirajul Haque was taken to Sirajganj Sadar Hospital for treatment. Thereafter, P.W.1 went to the police station and lodged F.I.R. 3.  Police on completion of investigation submitted charge sheet in the case. During trial the accused persons were charged under sections 302/34 of th......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 36

State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)

.... of the salish of the leading people of the locality in the manner they wanted to settle; and therefore he lodged the F.I.R. on 28-8-1998. 3. Upon the aforesaid allegation, Police submitted charge sheet  on 24-10-1998 under Section 6(1) of the Nari-O-Shishu Nirjatan Bishesh Bidhan A......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)

....ndants were bonafide purchasers for value without notice the onus shifted to the plaintiff to prove that the defen­dants had the knowledge of contract and the plain­tiff having failed to discharge the onus is not entitled to obtain decree for specific performance of contract. 9. ...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..

Category: Property Law | Date: | Hits: 41

Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)

....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..

Category: Property Law | Date: | Hits: 37

Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)

.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..

Category: Property Law | Date: | Hits: 46

Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

....oning normally; that respondent No. 3, by the afore-mentioned memoran­dum dated 2.3.1989, directed the Chairman, the Vice- Chairman, the Secretary and other members of the District Unit to hand over charges to the Chairman of the Magura Zilla Parishad and other nominated Government functionaries. ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..

Category: Constitutional Law | Date: | Hits: 170

Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)

....ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...

Category: Election Law | Date: | Hits: 173

Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)

....ent for adding her as a party. Be­ing aggrieved by the said order the appellant filed Civil Revision Case No.85 of 1987 in the High Court Division and the learned Judges after hearing the parties discharged the rule. 4. Leave was granted to consider whether the High Court Division was correct in......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..

Category: Property Law | Date: | Hits: 80

Nurjahan Begum Vs. State, 1989, 18 CLC (AD)

....e on 10 December 1983. In due course, the Investigating Officer, on consideration of the report of the autopsy held on the dead body of Mahmuda and other facts and circumstances of the case submitted charge sheet against the appellant who was then put on trial under s. 326 of the Penal Code for volu......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..

Category: Criminal Law | Date: | Hits: 50