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Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......ling down from his verandah to courtyard when he went to stop quarrel between his son and his wife. 8. The trial Court on consideration of the facts and circumstances of the case and evidence on record convicted the opposite party No.1 Akram Sheikh @ Akram under section 325 of the Penal Code se......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......ents in the crime is not disclosed in those materials. The name of the respondent Md. Abul Kalam alias Kalam was not mentioned in the F.I.R. or in the confessional statement or in the statements recorded under section 161 of the Code of Criminal Procedure. Respondent M.A. Rouf Alias Md. Ab...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......lid, that there is no evidence that Anwari Khatun was the daughter of Sahera Khatun and that their whereabouts are not known till today, that name of Anwari Khatun and Roushan Ara were mutated in the record of the Housing Estate without approval of the concerned authority and that the said mutation ......ithout serving any notice as required by the provision of Article 7 of PO 16 of 1972 and section 5(1) of the Ordinance No. 54 of 1985. It may be mentioned the respondent No. 1 had no case of non service of notice in listing the property in the list of abandoned buildings either before the Court..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......king the victim out on the pretext for going to private tutor deceitfully exported him to India. 3. During investigation, police visited the place of occurrence, prepared sketch map and index and recorded statements of the witnesses under section 161 of the Code of Criminal Procedure, tried to r......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71...Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......unt their seniority from the dates of their ad hoc appointment and did not consider the binding effect of the decision of a larger Bench and thus committed an error of law apparent on the face of the record in taking a decision contrary to the earlier decision of a larger Bench and therefore, the pr......f Writ petition no. 5362 of 2000 was appointed on 17.12.76 as the Assistant Engineer (Civil) of Road and Highways. All these appointments were on ad hoc basis for six months or till regularization of service by the Public Service Commission briefly the PSC. This period was extended from time to time..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ...... evidence including non-consideration of some material evidence, it has become incumbent upon this revisional Court to consider the same and arrive at a proper finding on the basis of the evidence on record and finally dispose of the case. In support of his contention, the learned lawyer refers a de......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....se money the possession of the predecessor of the writ petitioners was that of mere licensee and so, alleged transfer of the case land on 1 ‑ 11‑ 1963/14- 11‑1963 does not hold good. 6. Lastly, he submits that the writ petitioners moved the Court of Settlement in ......ation of evidence as if sitting in appeal and thus committed error of law in setting aside the judgment of the Court of Settlement as the said judgment was based on proper appreciation of evidence on record and that the documents referred to by the writ petitioners cannot be considered. The le......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 May, 2005 | Hits: 115
Category: Property Law | Date: 3 May, 2005 | Hits: 3
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......l, Sylhet. 3. The Nari-o-Shishu Nirjatan Daman Tribunal, Sylhet by order dated 20-5-2004 accepted the petition of complaint, examined the complainant on oath and upon considering the materials OP. record directed the Magistrate to enquire into the case and submit the report within 7 days. The lea......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
....use 29, 49 and 53 of the circular of the investment 1984, invested TK. 7,43,03,882/- with the 29 trading companies. The accused persons gave an opportunity to 31 business concerns to release their goods which were kept in the bank's godown under "Morbaha" system by which the bank incurred a loss ......10. Nazrul Islam the learned Advocate appearing on behalf of the complainant-appellant supports the appeal and submits that the learned Judge of the trial Court without considering the evidence on record passed the impugned judgment and order. He added that the Ext. 27 shows the admission of gui......W.2 Md. Anisur Rahman and P.W.3 Abdul Mannan were posted as second officer and Senior Officer respectively with the bank after the occurrence. They categorically stated that during tenure of their service they found some irregularities of delivery of goods from the bank godown, but they failed t..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......terms: "That the suit be decreed ex parte with cost. The plaintiff does get khas possession of the suit premises after evicting the defendant therefrom". (We directed the office to obtain the record of the Civil Revision No.396 of 1974 (as against the judgment whereof case reported in 33 DLR......nt of the defendants. 4. The suit was contested by the defendants. It was the case of the defendant No.1 that he entrusted the defendant No.2 to carry on the business on his behalf as he was in service, that the defendant No.2 defaulted in the payment of rent from April 1985 beyond his knowl..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ......106 BCC Road. It has been contended that the applicants are interested parties, inasmuch as their easement rights as to air and light are being affected because of unauthorised construction. It is on record that the applicants have already filed a suit being Title Suit No.32 of 2004 pending before t......ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ..Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......2004 was started and task of the investigation was given to SI Monir Hossain who getting the task of investigation of the case visited the place of occurrence, prepared map in separate index thereof, recorded the statement of witness under section 161 of the Code of Criminal Procedure and being sati......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......-police submitted charge sheet against the jail appellant for the offence punishable under the aforesaid section of law. The offence being triable by the Nari‑o‑Shishu Nirjatan Daman Tribunal the record of the case came up before the concerned Special Tribunal at Rangpur who then registered it a......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......rt of its case and also tendered one witness for cross-examination by the defence. 6. The learned Additional Sessions Judge examined the learned State Defence Lawyer under section 342 CrPC and rerecorded his statement. The State Defence Lawyer pleaded that the accused was innocent. 7. The ......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....appellant that the mandatory provision of section 103 CrPC being not complied with in the instant case with regard to search vitiating the trial, we are of the view that this contention does not hold good in that the compliance of section 103 CrPC was not necessary in the present case as we find tha...... in this case. 5. After conclusion of the prosecution evidence both the accused appellants were examined under section 342 of the Code of Criminal Procedure and their statements were accordingly recorded. They again pleaded not guilty and declined to adduce any witness in support of their defen......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
....stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......operties un cared for, the properties were declared as abandoned properties by operation of P.O. No. 16 of 1972 and the same was allotted to different allottees who are in possession. 7. It is on record that the Government-petitioner filed Other Class Suit No. 109 of 1995 in the 1st Court of Sub......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)
....t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ..Category: Health Law | Date: 3 Apr, 2005 | Hits: 759
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ...... section 28 of the Acquisition and Requisition of immovable Property Ordinance, 1982 (Ordinance No. 2 of 1982). 3. Facts in short are that land measuring 3.20 acres of Plot Nos. 3840 and 9517 recorded in MRR khatian Nos. 6 and 2077 respectively was acquired in L.A. Case No. 36 (Shishu Palli)...... of Plot No. 9517 was recorded in the name of Alam Fakir and others, that on physical verification the acquired land was found fellow land, that sale deeds of the preceding 12 months from the date of service of notice under section 3 of the Ordinance were collected and thereupon Deputy Commissioner ..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......learned Advocates submit that to prevent abuse of process of the Court the proceeding has been rightly quashed. 10. We have considered the submissions made at the Bar and perused the materials on record. It appears from the first information report that 10 (ten) organizations including Francois ......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95