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Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....laintiff respondent was surprised to receive the aforesaid letter. In the mean time, by an order dated 27‑2‑1992, the plaintiff respondent was suspended with effect from 29‑2­1992. Thereafter, charge‑sheet was submitted with an intimation that an enquiry committee was formed and she was dir......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....secution case rested on circumstantial evidence. It has already been stated that PW 6 the father, PW 7 the mother and some other prosecution witnesses in order to liberate the condemned prisoner from charges mounted against him betrayed the cause of justice but truth stood salvaged and could not be ......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)

....n his service with all back wages. The respondent No. 2 was appointed by the appellant on 15‑2‑1989 as a Storekeeper of Balisera Central Hospital, PS Sremangal, Moulvi Bazar and was discharged from service on 2‑10‑1992 for misconduct in accordance with the provision of se......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)

....har Jamil Palash......................Petitioner Vs. Shah Md. Mansur .................................Opposite Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md.......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..

Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1

Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)

....Foran raped her and Babul helped accused Foran. The informant thereafter lodged ejahar and also took his daughter to Senbagh Health Complex for treatment. The police upon investigation submit­ted charge‑sheet under section 6(1)/14 of the Nari-o‑Shishu‑ Nirjatan (Bishesh Bidhan)......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..

Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107

Jashimuddin Vs. State, 2004, 33 CLC (AD)

.... on searching his body they recovered one bomb and four bullets from his pocket. He also stated that they have committed dacoity in the market and others fled away.  3. Upon investigation charge‑sheet was submitted under section 19 (f) of the Arms Act and section 5 of the Explosive......cted and sentenced.  6. We do not find any infirmity with the impugned judgment for our interference.  The petition is accordingly, dismissed.  Ed.   ..

Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79

Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)

....he Nari‑o‑Shishu Nirjatan Daman Ain 2000 was registered. On conclusion of investigation into the case police submitted FRT against the first information report named accused recommending their discharge though the victim Arif could not be recovered till then. The petitioner then submitted a nara......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..

Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157

Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)

....aining the second party respondent from entering into the case land under section 144 of the Code of Criminal Procedure. 3. The Sub‑Divisional Officer sent the application to the Officer‑in‑charge of the local Police Station Moheskhali who submitted a report on 10‑11‑1978 and on perusa......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 27 Aug, 2003 | Hits: 414

Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)

....t Magistrate, Sylhet for trial and the Additional District Magistrate on receipt of the case record took up, the case for trial.  4. That the learned Additional District Magistrate framed charge against the accused Abdus Salam. Abdur Rahman and Abdul Kader alias Abdul Jalil under section......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ..

Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85

Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)

....atement under section 164 of the Code of Criminal Procedure as well as before the medical officer for holding medical test to ascertain the allegation of rape, seized alamats and finally, submitted a charge-­sheet against the accused appellant and three others, since prima facie case was made out a...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ..

Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162

Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)

....Hanif under sections 302/34 of the Penal Code but set aside the conviction, of Zahed Ali, Tarun, Shamim Hawlader, Kalu Kar and Hanif under sections 326/34 of the. Penal Code and acquitted them of the charge leveled thereunder. The High Court Division maintained the conviction of Shahid Hawlader pass......terference is called for by this Division in respect to the judgment and order of the High Court Division.      Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: 24 May, 2003 | Hits: 84

Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)

....inst Muktar Mia and Maksud Mia of his village under sections 9(4)(Kha)/30 of the Nari­-O‑Shishu Nirjatan Daman Ain, 2000 and the learned Magistrate sent the petition of complaint to the officer-in-charge of the concerned police station for treating the same as first information report and accordi......, 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588...

Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126

Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)

....enlarged on ad‑interim bail on the same date. In the meantime, the case was transferred to the court of the Metropolitan Magistrate, Dhaka, for holding trial and 13‑7‑2001 was fixed for framing charge. Since 13‑7‑2001 and 14‑7‑2001 were holidays the case was taken up by the Metropolita...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ..

Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88

Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)

....e said 2 convicts as members of the project committee and prosecution case of misap­propriation of wheat has not been wholly proved but only proved to the extent of 8 metric tons of wheat and the charge of misappropriation has been proved only partially against the appellant No. 1. 9. Leave...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ..

Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158

Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)

....rred to as the Special Court, upon receipt of the record registered Nari‑o‑Shishu Nirjatan Case 145 of 1997.  4. The petitioner and 4 others were placed on trial to answer the charge under section 6(3) of the Ain to which they pleaded innocent and claimed to be tried. Prosecu......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed.  Accordingly, the petition is dismissed. Ed. ..

Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121

Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)

.... 3. The condemned petitioners along with another were tried under section 6(4) of Nari‑o­-Shishu Nirjatan (Bishesh Bidhan) Act, 1995, hereinafter referred to as the Act, on the charge of committing gang rape upon one Yasmin, and causing her death. Prosecution case, in brief ...... substance in the petitions.  The two petitions are accordingly dismissed.  Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ..

Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316

Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others Vs. North Point University, 2003, 32 CLC (AD)

.... that pending proceeding be affected by an amendment of the law. In Sarder and others vs. State AIR 1961 Calcutta 181 an FIR was lodged on 17 December, 1957 alleging abduction against the accused and charge‑sheet was submitted on 24 April, 1958. What happened in that case was that the investigatio......se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ..

Category: Others | Date: 8 Feb, 2003 | Hits: 112

Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).

....n against the persons involved in the forgery. Hence the Satkhira PS Case No. 50 date 31‑8‑1985 was started by the District inspector under sections 467, 468 and 471 of the Penal Code and charge­sheet No, 71 dated 30‑7‑1987 was submitted against the three accused persons ......urt Division 'Further enquiry" is directed to be held. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 125.  ..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 80

Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)

....r by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No.2417 of 1996. The High Court Division by the aforesaid judgment discharged the Rule obtained impugned order of compulsory retirement dated July 30. 1994. 2. Facts,......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..

Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92

Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)

....e petitioner has challenged the order of suspension by filing the aforesaid writ petition on the ground that as the elected chairman of the Pourashava till the expiry of the term he is entitled to discharge duties of the office and that although in the order of suspension it has been mentioned that ......   Accordingly, the petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 72.  ..

Category: Others | Date: 27 Jan, 2003 | Hits: 89