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Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....eet against the appellant who was then put on trial under s. 326 of the Penal Code for voluntarily causing grievous hurt. She pleaded not guilty taking the plea that the reputation of Mahmuda was not good and that her injuries might have been caused by some other persons but she was falsely implicat......e under s.32(1) of the Evidence Act, and if by careful examination it is found to be reliable, then it may by itself be the basis for conviction even without corroboration. A dying declaration may be recorded by any person who is available and it may be written or it may be verbal; it may also be in......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
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....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. ......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. ......ing the pendency of these appeals. His heirs are substituted. The appellant's father, late Syed Mojibur Rob, a migrant to this country, served as a Deputy Inspector-General of Police and retired from service in 1958. He acquired, amongst other properties, three houses being holding No. 5 Bakshibazar..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......le to be to be rejected. 11. Mrs. Sufia Khatun learned Advocate-on-Record opposed the petition. 12. We have considered the submissions made at the Bar and perused the materials on record. 13. It has been submitted on behalf of the petitioner that the suit, being not file......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......and recovery of khas inasmuch as possession was decreed on contest on 30.09.1980 and title execution case No.18 of 1980was started for taking delivery of possession in the suit land. It is on record that the Judgment debtor filed first Appeal No.20 of 1981 before the High Court Division and......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....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: ...... but in the background of the facts and circumstances of the instant case is of no merit since the order of the appellate Court shows that the same was passed on the basis of the materials brought on record from the side of the defendant-appellant. It has also been submitted from the side of tie pet......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)
..... 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. ....... 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. ....... 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)
....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. ......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. ......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)
....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. ......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. ......tion raised by the Audit Department they asked the petitioner to pay back Tk.90.300.50/- said to have been overpaid to him. The High Court Division held that the petitioner was a person in the service of the Republic and that consequently his remedy lay before the Administrative Tribun..Category: Employment/Service Law | Date: | Hits: 84
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....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. ......rjaton Damon Ain, 2000, in short, the Act. The case thereafter being sent for trial, the Trial Court framed charge against the accused under Section 9(1) read with Section 30 of the Act and after recording evidence convicted both the accused under Section 9(1) of the Act and sentenced each......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)
....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. ......o be quashed and the High Court Division thus committed error of law in discharging the rule. 5. We have considered the submissions made by the learned Advocate and perused the materials on record. It has already been settled that exercise of its inherent jurisdiction under section 5......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)
.... High Court Division did not at all consider their evidence and thus committed serious prejudice to the accused petitioner. Similarly the evidence of P.W. 4 Kali Dashi Sarkar has been given a goodbye by the trial Court as well as by the High Court Division. 9. In support of his sub......ing the decision in the case of Siddique Munshi vs. the State reported in 44 DLR (AD) 169 . 10. We have considered the submissions made by the learned Counsel and perused the materials on record. 11. It appears that out of the witnesses produced by the prosecution P. W. 8 Md. Ah......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)
.... 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: ...... 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: ...... 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)
....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. ......n cannot be bought for and thus came to an erroneous finding in rejecting application of the accused petitioner summarily. 6. We have considered the submissions and perused the materials on record. Let us examine Section 6(5) of the Criminal Law Amendment Act 1958, which runs as foll......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)
.... 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: ...... 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 Judge after recording evidence convicted four accused including the petitioner and aforesaid Majibul Hoque. Appe...... 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)
....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. ......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. ......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)
....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. ......lodged the aforesaid First Information Report. 3. The local police registered the case, started investigation, examined witnesses including the aforesaid victim girl Tamanna Taskin Nishi and recorded their statements under section 161 of the Code of Criminal Procedure and on 17.8.1999 sub......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)
.... be earned by rendering meritorious service and other than seniority promotion is also conditioned by other factors, such as efficiency, good conduct, character, integrity, sense of value, honesty and temperamental suitability…&h......ent No. 4 while in service in violation of the Rules and Regulations of the Board appeared in the S. S. C examination held under the Board as a regular student and that in spite of bad service record he has been promoted as Section Officer upon superseding the writ-petitioners and others. ......ght in favour of an employee to consider his case of promotion along with the case of others who are posted in the similar situation. Promotion is to be earned by rendering meritorious service and other than seniority promotion is also ..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. ......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)
....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. ......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. ......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)
....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. ......rge sheet on 27.10.90. The Sessions Judge, Rajbari held trial under section 302/34 of the Penal Code. The trial Court convicted the petitioner being satisfied upon considering the evidence on record under section 302 of the Penal Code. 5. Against the judgment and order of the Trial C......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
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