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Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
.... at TK. 8,00,000/- and the respondent No.1 was to get a bill of the said amount from the petitioner as repairing costs. Petitioner's further case was that since his financial condition was not good and thus the petitioner became unable to pay the rehearing costs to the respondent No. 1 and f......f the trawler and the learned Chief Metropolitan Magistrate vide his order dated 18-10-2003 directed on Metropolitan Magistrate named Mr. Wahidul Islam Khan, to submit report after scrutinizing the records and accordingly the said Magistrate submitted his report vide order dated 09-11-2003. It is......) 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)
.... say that the private witnesses i.e. P.Ws. 1 to 3 have in a voice said about snatching away of the money in question in broad day light from public road on the date after giving the informant a good beating as well as keeping him into a ditch and this fact appears to have not been challenged......ny are highly interested and therefore, the High Court Division committed illegality in discarding their evidence. 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 com......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)
....rovision of Section 7(2) (f) of the Ordinance envisages that a candidate for chairman or member of the Union Parishad will be disqualified if the candidate is a party to a contract for work done or goods to be supplied to the union Parishad or has otherwise pecuniary interest in its affair or is ......er in essential commodities appointed by the Government;........ 8. We have heard the submissions made by the learned Counsel of the parties. In the instant case, we find from the record that a found of TK. 50,000/- was provided by the Upazila Development and Coordination Commi...................................; (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 other local authority; or ..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....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. ......as entitled to get the scale of Tk. 470-1135. Since the respondent no. 2 was plying B-Type vessel in 3 (three) shifts he was entitled to get the above scale of pay that after examining his service record the Deputy Director (Accounts) Dredger directorate Bangladesh water Development Board, ......shifts was entitled to get the scale of Tk. 470-1135. Since the respondent no. 2 was plying B-Type vessel in 3 (three) shifts he was entitled to get the above scale of pay that after examining his service record the Deputy Director (Accounts) Dredger directorate Bangladesh water Development..Category: Employment/Service Law | Date: | Hits: 55
Md. Abdul Jalil Vs. Mosammat Shefali Begum and othÂers, 2006, 35 CLC (AD)
....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. ......under L.A Case No. 21/52-53 for rehabilitation of 30 refugee families and ever since those refugees have been residing there by constructing houses. One Monindra Nath Pramanik by tempering the record of right (ROR) sold the suit land to the plaintiffs. The land was recorded in the name of An...... employee in the Relief and Rehabilitation Section-of the office of the Deputy Commissioner and filed the suit after retirement by creating forged papers using the names of the plaintiffs. While in service he deposed in a suit on behalf of defendant No.1 (Government) admitting that the written s..Category: Property Law | Date: | Hits: 39
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ......appellant's learned Advocate Mr. M. K. Rahman did not take his consent in submitting compromise petition is an inadvertent mistake of the Court. 6. In the background of the materials on record we are of the view that there has occurred an inadvertent mistake in the ordering portion o......e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 62
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....unregistered deed of gift which though invalid but on the basis thereof the defendant No.1 having had possessed the land upon ascertaining her right for more than 12 years and as such acquired good title in the land in suit. In support of the aforesaid submission the learned Advocate h......ngini Saha (defendant No.1) and a daughter by name Sundari Dasi. Jatindra's properties including the land in suit were inherited by his 3 sons, that during S.A. operation the land in suit was recorded in name of said 3 sons and therein wrongly name of defendant No.1 was recorded with the re......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)
....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. ...... appeal was called upon for hearing and the High Court Division committed error in not considering this aspect of the case. 7. We have considered the submissions and perused the materials on record. It appears that the appeal was fixed for hearing oh 04.11.1991 on which date the appel......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)
....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. ......ees and this was a policy decision of the Government taken on the basis of recommendation of a committee headed by an Additional Secretary to the Government who thoroughly examined the service records of the employees of TCB and made the recommendation accordingly on the basis of which impug......es were opposed by TCB-the petitioner and two other respondents by filing affidavits-in-opposition stating, inter alia, that 306 employees of the TCB have been released from their services on the ground that their services were no longer required for the organization and that th..Category: Labour and Industrial Law | Date: | Hits: 80
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......ed the Appellate Division. Thereafter a learned Magistrate, First Class, Munshiganj held judicial enquiry and found a prima facie case against accused respondent Ali Asgar Bepari and sent the case records to the learned Sessions Judge for trial which was registered as Sessions Case No. 28 of 199......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 27
Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......ed error refusing to quash the proceeding and more so rejecting application under Section 561A of the Code summarily. 5. We have considered the submissions and perused the materials on record. It appears that the learned Special Tribunal, considered the evidence of witnesses in...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......h Court Division did not at all consider this aspect of the matter. 5. It appears that the High Court dismissed the Criminal appeal on the finding that there are sufficient evidence on record to hold that the accused petitioner committed offence under section 4 of the Dowry Proh......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... 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. ...... 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. ...... 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)
....d. P.W. 7 is not also a witness since he P.W 7 did not even hear as to what the victim stated nor he heard of the name of any accused from the mouth of the victim in the backdrop of availability of good number of doctors; F.C.P.S. M.B.B.S and others including nurses and assistants in Sadar ......r Rahman @ Farook to death and the two other appellants Sajjad Shaheen @ Prince and Miraj Hossain to imprisonment for life and all three of them were ordered to pay a fine of Tk. 2, 000/- each. The record was sent to the High Court Division for confirmation of the sentence of death of petitioner ......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)
....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. ......n was brought back home. On the basis of the ejhar Godagari P. S. Case No. 10 dated 13-03-1991 was started. During investigation, the convict appellant was arrested, who made a judicial confession recorded under Section 164 of the Code of Criminal Procedure. Thereafter, charge sheet was submitte......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)
....ch black alachi which the prosecution branded as black Indian alachi and further the alleged place of occurrence was far away from the Indian border and as such it was not possible to bring illegal goods by the petitioner. Mr. Nawab Ali, next submits that the pertinent question as to whether the ...... 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. ...... 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
Habibur Rahman alias Habu and othÂers Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......rge sheet No. 13 dated 09.04.1994 against the accused petitioners and others under Sections 302/34 and other Sections of the Penal Code. The case was sent for trial. The Sessions Judge, Kishoreganj recorded evidence witnesses and by judgment and order dated 30th 1 April 1985 acquitted the accuse......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....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. ...... whatsoever of recognition of the accused the Judgment passed by the High Court Division is not able board. 7. We have considered the submissions made at the Bar and perused the materials on record. The main point for consideration in the case is as to recognition. It appears that R.W 2 v......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
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......Department of Architecture as per decision of the Selection Board. 4. The High Court Division upon hearing the learned Counsels for the parties and on consideration of the materials on record disposed of the Rule with the finding that the appointment of respondent Nos. 2 and 3 were a...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
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