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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. ...... hereinafter referred to as the Ordinance. Under the provision of aforesaid ordinance, the Special Tribunal constituted under the Special Powers Act, 1974 took cognizance of the offence, to try the case. 3. The petitioner filed an application under section 561A of the Code of Criminal Proc......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. ......rom around on hearing hue and cry of the victim. The companion and the other local people took the victim to Rajbari Hospital where the Doctor declared him already dead. 3. It is the further case of the prosecution that before 10/12 days there was a quarrel between Badsha Miah and the......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)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......ring words stipulating the payment of repeating costs 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 p......) 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)
....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. ......d thereafter looted away TK. 95,000/- along with a bag wherein the money was kept and on the basis of 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 submitte......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)
....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. ......works done with the fund of the Union Parishad and the value of such work not being exceeding TK. 50,000/-. The Union Parishad may itself execute the work through a Project Committee and in such a case there is no contract and as such there is no question of the Chairman of the Union Parishad be......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)
....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. ......elled by order dated 9-4-1986 passed by the Chief Engineer (appellant No.1) with a direction to pay the respondent (in the scale of Tk. 325-610 against the Respondent no. 2) filed the above I.R.O. case under section 34 of the Industrial Relations ordinance, 1969. The appellants as second party c......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
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. ......50/51-52 and 51/52-53 the suit land was made khas by the Government. The trial court observed that P.W. 1 was one of the defendants in Title Suit No. 288 of 1975 and for his interest supported the case of the Government but now for his own interest is resiling from his earlier stand supporting t...... 18.10.1982 passed by the Additional Commissioner, Rajshahi Division in Appeal Case No. 100 of 1978 is illegal, void and not binding upon them. They contended that Tarakanath Pramanik the original landlord of the suit land i.e. 0.70 decimals of land gave pattan to Anil Ranjan in 1335 B.S, who in..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. ......mpromise and it is not permitted by law". This Division set aside the judgment and order of the High Court Division passed in First Appeal (Probate) No. 146 of 1996 and thereupon sent back the case to the 'original court' "For hearing the same afresh in accordance with law by giving opp......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)
....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. ......of gift and the defendant No.1 was in permissive possession of the suit land, that although defendant No.1 tried to prove her possession in the land in suit and in that context tried to make out a case of acquisition of title by adverse possession and tried to establish that case through the evi......t of Munsif (now Assistant Judge) Kushtia in title suit No. 48 of 1985 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in respect of the land described in the schedule attached to the plaint. 2. Facts averring which the suit was ..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. ...... during the period in question was prevented from appearing at the time when the 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 ......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. ...... Syed J.R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Trading Corporation of Bangladesh, TCB Bhaban, Kawran Bazar, Dhaka .........Appellant (in all the cases) vs Md.Abdul Halim Bhuiyan & others (31)..............Respondents (in Civil......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
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. ......oresaid First Information Report, Sirajdukhan P. S. Case No. 3 (8)794 was started and that the aforesaid victim during his treatment died in the hospital on 31.08.1994. The police investigated the case and the case and submitted charge sheet on 26.02.1995 and the case was sent to the court of th......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. ......tered the house of Muslem Talukdar and kidnapped his adopted daughter Rahima and on his information Sreenagar Police Station Case No. 6 dated 08.12.1995 was started and the police investigated the case and submitted charge sheet whereupon the case was sent for trial before the learned Additional......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. ......vered and the police made a seizure list and First Information Report was lodged by aforesaid P.W.2 on the basis of which Feni P.S. Case No. 20 dated 20.03.1998 was started and the case being investigated charge sheet was submitted on 17.07.1998 under Section 19(a) of the Arms Ac...... 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. ......iminal Revision No. 1156 of 2000 discharging the Rule and directing the accused petitioner to surrender before the trial court to serve the remaining period of sentence. 2. The prosecution case is that the informant Mosammat Nurbanu got married to the accused petitioner A Mannan @ Abdul ......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. ......f the Penal Code and sentenced him to suffer rigorous imprisonment for 5 years and a fine of TK. 1000/- in default to suffer rigorous imprisonment for one year more. 2. The prosecution case, in short, is that one Habibur Rahman, as informant, lodged First Information Report on 2.7.19...... 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)
....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. ......1) Miraj Hossain...............Appellant (In Criminal Appeal No.16/2001) Vs. The State………………………Respondent (In all cases) Judgment August 12, 2003. Lawyers Involved: Mujubur Rahman, S......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. ...... under Section 302 of the Penal Code and sentence of imprisonment for life dated 22-4-1993 passed by the learned Sessions Judge, Rajshahi in Session Case No. 105 of 1991. 2. The prosecution case, in nutshell, is that informant P.W. 1 Abdur Rahman of village Kashimpur under police Sta......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)
.... 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. ......ffer rigorous imprisonment for 1 (One) year and also to pay a fine of Tk. 500/- (five hundred) each and in default to suffer rigorous imprisonment for one moth more each. 3. The prosecution case, in short, is that the informant Anisur Rahman, A Sub-Inspector of police D.B. Branch, Bogra, ...... 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. ......First Information Report with the local police station on the basis of which Kotwali P.S Case No. 3 dated 07.02.1984 was started against the accused petitioners and others. Police investigated the case and submitted charge sheet No. 13 dated 09.04.1994 against the accused petitioners and others ...... The facts revealed in the leave petition, in short, are that the on 06.02.1984 one Shukur Ali, brother of Sabdar Ali P.W.1 along with his cousin Moslem (P.W.11) were cleaning weed from their land and after completing the work while they were returning there from at about 2/2. 30 P.M. reach..Category: Criminal Law | Date: | Hits: 31
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