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MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....ector, Administration, Class‑1, Military Lands of the Cantonment, by notification dated 30th November, 1995 and thereafter, he was promoted to the post of the SDO in the same Administrative Department. But some interested quarters, as it is submitted by the petitioner, raised the question a...... some interested quarters, as it is submitted by the petitioner, raised the question as to promotion of the petitioner to the post of SDO from non‑technical staff i.e. UDC and Head Clerk. An investigation was initiated by the Ministry of Defence of the Government of Bangladesh. ..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....ot operated properly by the petitioner and were therefore damaged and in a state of disrepair. In such premises, the respondent-company refrained from making full payment to the petitioner although partial payment was made on various dates showing a total payment of Taka 60,000. It is further stat...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....ormant's father. The accused persons including the accused appellant came to the house of the informant’s father on the said date at 4‑30 PM. The salish was started at 5‑00 PM and the informant party demanded that the accused appellant should take the informant as his wife with full honour and......n was treated as FIR. Accordingly, Jhalakati Police Station Case No.25 dated 25‑5‑1999 under section 19(2) of Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 was started. The police after investigation submitted charge-sheet against the accused persons including the accused appellant und..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....as abandoned property is to state in the notice in Form II specifically the name of the owner of the property or that the person to whom the property is said to have belonged. In the notices impugned particulars of the owner being absent manifestly show that the same have been issued without ascerta......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....der sections 468/109 of the Penal Code". 5. Forgery has been defined in section 463 of the Penal Code which reads as: "Whoever makes any false document or part of a document with intent to cause damage or injury, to the public or to any person or to sup......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
State Vs. Harish, 2002, 31 CLC (HCD)
....m. Hazera Begum was wearing a green half-pant and white yellow print blouse was found twisted in her neck and injuries were found on the left hand, little finger of right hand and hip and her private part was found torn. Thereafter, the informant Ali Ahmed lodged First Information Report at Narsingd......d. Renu Miah investigated the present case and he stated that he recorded the ejahar lodged by the informant on 18-5-1997 and put the signature of the informant, filled up the FIR column and, started investigation of the case. He proved the ejahar Exhibit 6 and his signature thereof and stated that ..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....July 2, 2002. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and conditions of tender must be relayed to each and every participant so that all the participants can avail of the equal opportunity while participating in ......hould be on the shoulder of the petitioners, as they were the ones who alleged malafide. The answer to this is that, if the learned Judges of the High Court Division thought it appropriate that an investigation should be made in writ petition, they were not barred from directing parties to lead ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....Criminal Procedure. In arriving at this decision the High Court Division relied on a decision given in Criminal Miscellaneous Case Nos. 620 of 2000 and 6858 of 2000 wherein one of the Judges was a party. But this Division in the case of Arun Karmakar vs. State reported in 7 MLR (AD) 82 = 7 BLC (......e was going to school in order to compel her to marry him. Case of the appellant is that his daughter Masuda Khanam (Hasi) is aged 15 Years on the date of occurrence. In that case the police after investigation submitted charge‑sheet and the case is now pending before the trial Court. The ..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....ustralia) Pvt. Limited, (1958) 100 CLR 597, Adegbenro Vs. Akintola, (1963) AC 614, Attorney-General Vs. Jonathan Cape Limited (Crossman Diaries Case) (1976) QB 752, R. V Secretary of State for Home Department, Ex p. Hosenball, (1977) 1 WLR 766, Re Amendment of the Constitution of Canada (1981) 123 D......tive citizen highly appreciated this significant contribution and condemned this murder. Yet the murder of the Daily Janakantha's journalist Mr. Shamsur Rahman still awaits the completion of full investigation by the police and trial of those who were responsible. His untimely and premature deat..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....was not in the house. Then at the order of accused Ashraf, Habi committed rape on Rebeka in presence of Asia and Mazu. Rebeka lost her sense and sustained injuries on her person including her private part. At about 4:00 AM Asia Khatun informed the matter to her son‑in‑law, the father of Fazila K...... to different women. He did not seize the Chouki upon which victim was raped. The alamats were not produced in the court. He denied defence suggestion that he submitted charge-sheet without holding investigation. 21. The accused persons were duty examined under section 342 Cr.P.C. to which ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
....atened to kill the victim, if the matter was made known to others. It appears from her testimony that the victim girl came to her maternal uncle’s house at Jhalakati from Dhaka at one stage after departure from her father’s house and the accused Monir and Md. Alam fled away. Subsequently, when t...... accused-appellant Md. Alam under section 9(Kha) and against Monir Hossain, Abdus Salam and Parul Begum under sections 9(Kha)/14 of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995. During investigation, the victim Salma Akhter was not available and she surrendered before the Court on 3-8..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
....the High Court Division in Criminal Miscellaneous Case No. 3869 of 1995 discharging the Rule. 2. The facts leading to the application are that the respondent opposite party No. I as complainant filed a petition of complaint in the Court of the Chief Metropolitan Magi...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....udge, Court No. 2 at Barisal in Title Appeal No. 148 of 1996 affirming those dated 8-7-96 passed by Subordinate Judge, Court No. 1 in Title Suit No. 33 of 1995 in decreeing the suit. 2. Opposite party Nos. 1 to 3 and Mojibar Rahman, predecessor-in-interest of opposite party Nos. 4 to 13 as plai......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... The Code of Civil Procedure, 1908 (V of 1908), Section 115 (i) Surrender of an under tenancy right need not be in writing but it may be inferred from the act and conduct of parties as well. (ii) The High Court Division was in error in deciding a...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
....remises affected by it, (c) the duty or the rate of duty on such capacity as determined, and (d) the manner of collection of such duty. (5) The capacity of any plant or machinery or part thereof or establishments or premises producing or manufacturing excisable goods, or providing ...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
.... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89.......ating the same as an first information report and accordingly, the Sutrapur Police Station Case No. 123(12)99 under section 9(Ka) of Nari‑o-Shishu Niijatan Ain, 1995 was started. The police after investigation submitted charge-sheet under section 9(Ka) of the aforesaid Act. The case was transfer..Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....id the mortgage money to accused Maruf Khan. Consequently, accused Maruf Khan became a bargader under Moklesur Rahman in respect of the standing irri crops in the case land. It was agreed between the parties that half of the standing paddy would be given to the informant while the remaining half wou......m was removed to the hospital for treatment but he died on way to the hospital. 11. He was cross-examined at length. It is found from his evidence that he omitted to state important facts to the investigation officer while examined him under section 161 of the Code of Criminal Procedure. 1..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
.... of the informant. But having failed to do so he having found the wife of the informant, Rasida Khatun, in the court-yard went running to her and caused severe injuries by giving dao blows on various parts of her body. Thereafter the mother of the informant Samarjan Bibi having heard the cry of the ......ure therein as Exhibit 6-6/1. 27 PW 19 SI Md. Saidur Rahman was attached to the lshwarganj police station at the relevant time. This witness deposed that he having been assigned with the duty of investigation investigated into the case and after having recorded the statement of the witnesses un..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....rocedure, 1908 (V of 1908), Section 152 Order XX rule 3 & Order XLVII rule I The judgment which has been delivered sealed and signed, can not be changed without hearing the parties invoking jurisdiction under section 152 (CPC) or review on specific grounds under Order XLV...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....pression of its will. Police being visible symbol of the authority of the Government are expected to safeguard the interest of the individual citizens with regard to their Basic Rights. People want impartiality, proper behavior and conduct from the Police and the people and the people wants to see P......tter might be investigated by Metropolitan Police Commissioner Dhaka, and Report be submitted. 14. The Complainant-petitioner thereafter, filed a petition to cancel the above order holding investigation by Metropolitan Police Commissioner, Dhaka and prayed for a Judicial Inquiry. 15...Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
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