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Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....support of such denial, but the court finds it difficult to draw a definitive inference or conclusion from the assertion of the petitioner then it will be a case where the petitioner has failed to discharge his onus probandi…………….(15) Declaration as to the fact that the appellant is the......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
.... warrant for according a step motherly treatment when the 'State' is the applicant praying for condonation of delay. In fact experience shows that on account of an impersonal machinery (no one in charge of the matter is directly hit or hurt by the judgment sought to be subjected to appeal) a......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....urt Division, which heard the First Appeal and the revision cases together by one judgment dated 5 April 199, which has been impugned in all these appeals respectively, dismissed the appeal and discharged the Rules in the revision cases with costs. 7. Admittedly Sadananda Ghose, husba....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....y judgment and decree dated 25.4.91. 5. The plaintiffs took a revision to High Court Division as aforesaid against the appellate judgment and decree and, as already noticed, the Rule was discharged by the impugned judgment and order upholding the view taken by the learned District Ju......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....ubur Rahaman, the learned Advocate-on-Record for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. It appears that the High Court Division discharged the Rule mainly on the ground that the petitioner was a person in the service of the Republ......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 84
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....n to Netrokona Hospital and on the basis of a complaint petition filed by the Khodeja Khatoon, her mother, Netrokona PS. Case No.11 (8) 200 was started and after investigation police submitted charge sheet against the petitioner Md. Wasim Mia and Md. Wafiz Mia (since acquitted) under Sectio......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ..Category: Criminal Law | Date: | Hits: 57
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....ions 4207 4487 506 and other sections of the Penal Code. 3. The case being transferred to the learned Metropolitan Magistrate Dhaka, he heard the matter and by order dated 29.01.2001 framed charge against the petitioner and two others under section 420 of the Penal Code. Against the ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 30
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....s a result of which he died. Suranjan Kamur brother of deceased Bhabaranjan lodged FIR with Tala Police Station on the basis of which a case was started and the police after investigation submitted charge sheet against the accused petitioner and others. During trial they were charged under Secti......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ..Category: Criminal Law | Date: | Hits: 52
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
....ined on oath, the learned Magistrate issued summons against the petitioner under Section 138 of the Act and the accused petitioner has been released on bail. At the time of hearing as to framing of charge the petitioner filed an application to discharge him under section 241A of the Code of Crim...... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
.... Government is a pre-requisite for prosecution of the public servant like accused petitioner and that the High Court Division is wrong in saying that the proceeding of a case starts with framing of charge. 5. He further submits that after taking cognizance the learned special Judge appear......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. ..Category: Criminal Law | Date: | Hits: 39
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....act being revealed, Motijheel PS. Case No.170(11)82 was started against the petitioner, co-accused Majibul Hoque and others under sections 409/467/468/ 201 of the Penal Code and after investigation charge sheet was submitted and the case was thereafter sent for trial and the learned Special Judg...... 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: ..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
.... and also lodged FIR narrating the occurrence on the basis of which Kawkhali P.S. Case No. 2 dated 10.09.1994 was started against the accused petitioners and others and the case being investigated charge sheet was submitted against them under section 457/325A/224/225 of the Penal Code. During tr......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. ..Category: Criminal Law | Date: | Hits: 48
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....Division in Criminal Appeal No. 5449 of 2001 dismissing the appeal and affirming the order dated 20.8.2001 passed by the learned Nari-o-Shishu Nirjaton Daman Bishesh Adalat No.3 at Naogaon framing charges against the accused petitioners under sections 9 (Kha) and 14 of the Nari-O-Shishu Nir......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)
....t on 17.7.11970 and 26.4.1969 respectively and the Respondent Nos. 3 and 4 were appointed as Lower Division Assistant on October 8, 1973 and June 3, 1972 respectively, that the writ-petitioners discharged their duties to the satisfaction of the authority, that the Board prepared a gradation list......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. ..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....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. ......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. ..Category: Civil Law | Date: | Hits: 119
Abul Hashem Vs. State, 2006, 35 CLC (AD)
....se. 3. The petitioner filed an application under section 561A of the Code of Criminal Procedure praying to quash the proceeding. The High Court Division by the impugned judgment and order discharged the Rule. 4. Mr. Syed Ziaul Karim, the learned Advocate, appearing on behalf of the ......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)
....a quarrel between Badsha Miah and the victim about the fishing net and because of that in a premeditated manner, the accused committed murder of the victim. 4. The police submitted charge sheet on 27.10.90. The Sessions Judge, Rajbari held trial under section 302/34 of the Penal ......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. ..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....further stated that the Chief Metropolitan Magistrate, on perusal of the said report allowed the petitioner's prayer for Jimma by his order dated 11-11-2003 with a direction to the Officer-in-charge of Doublemooring Police Station to release the trawler in favour of the petitioner upon exec......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
.... aforesaid allegation said Md. Farooq Hossain lodged First Information Report. Thereafter a case was started and it was investigated by the police and the police after investigation submitted charge sheet under Section 394 of the Penal Code. The case being sent for trial, prosecution produc......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. ..Category: Criminal Law | Date: | Hits: 52
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ated 20-09-1994 against which the appellants filed Writ Petition No. 2126 of 1994 before the High Court Division obtained Rule and stay and upon hearing the learned Judges of the Court Division discharged the Rule declaring that the respondent No. 2 is entitled to pay scale of Tk. 470-1135 from ......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. ..Category: Employment/Service Law | Date: | Hits: 55
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