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Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....tion, in short, are that one Champa Khatoon (15), dumb daughter of Khodeja Khatoon on 12.07.2000 went to a pond near her house at about 3.00 P.M. but did not return till 12.00 P. M and at that time her mother Khodeja Khatoon found some persons assembled in the Union Parishad road situa......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
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
....1999 and complainant being examined 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...... 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
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....ht hold of Mithu with the help of Faruque and gani and after handing over accused Mithu to Faruque and Gani he entered the PO house and found his daughter Monira burnt with acid and that in the meantime the other accused persons snatched away Mithu from the hands of Faruque and Gani and thus Mit......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)
....khter Newaz lodged an F. I. R. with Nagogaon Police Station on 20.4.1999 alleging inter alia, that her daughter Tamanna Taskin Nishi went to her college as usual on 17.4.1999 and did not return in time and that the informant made inquiries wherefrom he came to learn that his daughter would ......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)
....or promotion and the Board approved the same, that in case writ-petitioners get promotion then the Respondent No.4 would not be deprived from promotion as per seniority since at the same time the nest 5 other employees would get promotion and as such there was no illegality in selectin......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)
....s of the High Court Division. The Judicial Committee of the Privy Council in the case of Khawaja Nazir Ahmed AIR 1945 PC 18 observed in respect of section 561A Cr.PC. "It has sometimes been though that S. 561A has given increased powers to the Court which it did not possess be......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
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....peal has been filed by the accused petitioner. 6. Mr. Idrisur Rahman, the learned Counsel appearing for the accused petitioner advances before us only one point namely that at the time of commission of offence the convict petitioner was aged below 16 years and as such his trial ......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)
.... No.1 as alleged by the petitioner. Against the said report the petitioner filed ‘Naraji' petition before the Court of Chief Metropolitan Magistrate and the same is still pending. In the mean time, the petitioner thereafter prayed for Jimma (custody) of the trawler and the learned Chief Met......) 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)
....hy;dence. 5. We have considered the submissions made by the learned Advocate-oh-record and perused the materials. P.W.1 the informant was accompanied by other employees of the company at the time of occurrence and as such they are most natural witnesses of the occurrence. We are, therefore......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
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
......................; (b)..............................; (c)..............................; (d)...............................; (e) he holds any full time office of profit in the service of the Republic or of the Union Parishad or of any othe......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
.....470-1135 with out obtaining second class mastership certificate as per Finance Ministry's circular dated 01-01-1981. since the respondent No. 2 being holder of third class certificate at that time the question granting him scale of Tk. 470-1135 does not arise. It was also stated that the La......ain J.- In these 2 (two) appeals, the appellants are same the respondents are different but for a common question being involved as to whether the respondent of both the appeal are entitled to get scale of Tk. 470-1135 and as such these two appeals are heard together and are disposed by thi..Category: Employment/Service Law | Date: | Hits: 55
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ot known when we saw the refugee colony. The court of appeal below also believed the acquisitions of the suit land in the aforesaid L.A. Cases and that the refuges have been living there for a long time. The appellant court discussed P.W.s 2, 3 and 4 while discussing P.Ws. 3 and 4 found that the ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....s been possessing the land in suit through bargadars, that defendant No.1 paid rent to the Government and obtained dakhilas that during S. A. operation her name was correctly recorded, that at the time of S. A operation Nalini, father of the plaintiff Nos.1 and 2 took away the unregistered ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....xed for hearing of the appeal and as such the High Court Division committed an error in discharging the rule. 5. In support of the appeal the appellant reiterated the submissions made at the time of granting the leave. 6. He further submits that the appellant being seriously ill dur......on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 70
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....mercial considerations with due regard to the interest of the nation and the public generally and be guided by such general or special instructions as may be given to it by the Government from time to time. He further submits that at the relevant time the post of secretary of the TCB was vac......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 80
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... nor the High Court Division took into consideration the fact that there are major contradiction and omission in the evidence of all the witnesses and that the prosecution have failed to prove the time, manner and also the place of occurrence by evidence and moreover the place of occurrence...... 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. ..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....mbs and he thereupon entered his house and shouted for help. Petitioners and others entered into that house and chased the informant’s brother from Abu Khan Lane to Haji Mohsin Road. At that time the informant and his brothers P.Ws. 2 and 3 on hearing alarm rushed for the rescue of their b......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. ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....tracted confession alone without corroboration in material particulars in support of the guilt of the accused in the instant case and the P.W.1 Md. Abdur Rahman father of deceased Rubel at the time of lodging First Information Report did not suspect any body in the killing of Rubel and Mantu......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. ..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
....shy;session 42 Kg. Indian black alachi and failed to show any legal document in respect of those articles and all the prosecution witness namely P.Ws.1-4 proved the prosecution case as to the time, place and manner of occurrence and thus the prosecution proved the guit of the accused p...... 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. ..Category: Criminal Law | Date: | Hits: 29
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....ondent of the charge under section 326A of the Penal Code. 2. Facts in brief are that on 1.12.1989 at 7.30 P. M. when victim Romeza Begum was going outside her house to bring her goat a that time two men coming from the eastern side of the house threw acid on her. Romeza raised alarm where......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
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