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Md. Sajjad Hossain Vs. State, 2009, 38 CLC (AD)

....volvement of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ......w on the jaw of the brother of the informant, accused Noju gave a sulfi blow on the chest and accused Bhoguruddin gave a blow on the neck and as a result Mothahar died and accused persons also caused injuries on the witness and took away goods worth Tk.30,000/-. 3. The police investigated int..

Category: Others | Date: | Hits: 66

State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)

....nesses including the respondent him­self. After conclusion of the trial the court of Special Judge, Court No.3, Dhaka vide order dated 26.06.2008 convicted the respondent and sentenced him to suffer simple imprisonment for 3 (three) years under Section 26(2) of the Anti-Corruption Act, 2004 read wi......nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..

Category: Others | Date: | Hits: 98

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ......e shall record the reasons for such injury and shall take the person to the nearest hospital or to a Government doctor for treatment and shall obtain a certificate from the attending doctor about the injuries. (e) When the person arrested is brought to the police station, after recording the reas..

Category: Constitutional Law | Date: | Hits: 137

State Vs. Shahin and others, 2009, 38 CLC (AD)

....nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......s and was in hospital but none of his relations including P.W. 1 visited him and fur­ther P.W. 10, who conducted the post mortem examination, in his deposition stated that there are numerous serious injuries sustained by the victim which includes ফুসফুস আবরণী ফুটা, ব..

Category: Others | Date: | Hits: 93

Anti-Corruption Commis­sion Vs. Sigma Huda and another, 2008, 37 CLC (AD)

....ort, are that the present respondent No.1 was put on trial before the Special Judge No.2, Dhaka who found the respondent guilty under sections 161/109 of the Penal Code and sen­tenced her to suffer simple imprisonment for 3(three) years by the judgment and order dated 26-8-2007. 3. On 22-......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ..

Category: Anti-Corruption Laws | Date: | Hits: 143

University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)

....s liable to be set aside for the ends of justice. The learned Counsel finally submitted that from the plain reading of the impugned order of termination it will be abundantly clear that the same is a simple order of termination simplicitor without any stigma and, as such, the judgment and order of t...... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129...

Category: Employment/Service Law | Date: | Hits: 68

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

....ging the Rule. 2. The facts of the case, in short, are that the plaintiff-petitioners instituted Other Suit No. 334 of 2004 in the Court of Assistant Judge, Chakaria, Cox's Bazar praying for simple declaration of title over the suit land as more fully described in the schedule of the plai......bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ..

Category: Property Law | Date: | Hits: 88

Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)

....ohammad Mia and defendant No.1 Khairunessa never produced the same before or at the time of execution of the partition deed Ext.’Ga’. Since a complicated question of title is involved the instant simple suit for partition is not maintainable without any prayer for declaration of title. 5. Th......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ..

Category: Procedural Law | Date: | Hits: 105

National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)

.... period of probation cast stigma on the service and such removal necessitates formal enquiry and show cause notice as required  under  the principle   of natural justice but had it been a case of simple termination without any stigma or without any proceeding, whatsoever during the period of pro......esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307...

Category: Employment/Service Law | Date: | Hits: 118

G M M Rahman Vs. State, 2009, 38 CLC (AD)

....- This appeal is directed against the judgment and order dated 16.07.2003 passed by the High Court Division in Criminal Appeal No.59 of 2000 allowing the appeal by enhancing the sentence to suffer simple imprisonment for 6 (six) months while discharging the connected Rule being Criminal Revision......tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ..

Category: Criminal Law | Date: | Hits: 106

State Vs. Chandan Ali and others, 2009, 38 CLC (AD)

....sed by the learned Deputy Attorney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......ed left the place of occurrence leaving the sarki there. The informant could identify the accused by the elec­tric light and found blood on the bed and on the chest of her husband with several injuries on the chest and back side of her husband when she made the switch on inside their room. T..

Category: Criminal Law | Date: | Hits: 68

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

.... such powers has led to the ouster of jurisdiction of the Customs department to exercise the same power which has been conferred upon it by the Customs Act. The answer must be in the negative for the simple reason that had the legislature contemplated such ouster of jurisdiction of the Customs depar......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..

Category: Fiscal/Taxation Law | Date: | Hits: 129

K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)

.... not require to be made final for the purpose of starting of the execution case. In the present case though in the plaint a decree for foreclosure was prayed for but the Artha Rin Adalat passed a simple money decree only. So we do not accept the contention of the learned Advocate for the writ ......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ..

Category: Civil Law | Date: | Hits: 140

State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)

....s Act, 1974 and sen­tencing them to suffer rigorous impris­onment for two years each and to pay a fine of Tk.5,000/-each for both the offences, in  default  to  suffer  simple imprisonment for one year more. Being aggrieved, convict-appellant Muhammad Faridul Mollah p......pon   correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ..

Category: Criminal Law | Date: | Hits: 45

Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

....lants in C.A. No. 244 of 2005 that the High-Court Division erred in law in making the rule absolute instead of not holding that the instant writ petition is not maintainable in respect of a plain and simple commercial contract, not rooted in any statute, and also arising out of a preliminary tender ......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..

Category: Civil Law | Date: | Hits: 212

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two

.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......e house of one Md. Abdullah, a neighbour. The convict brought her back and passed the night with her in one room of their house. On the morning of the date of occurrence Sundar Patti was found with injuries in the room and the convict was not found present. Sundar Patti was admitted in the hospit..

Category: Criminal Law | Date: | Hits: 274

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three

.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’  ......rother and three sons with their wives without any provocation or resistance for their personal gain and interest. Mr. Mohitul Islam, P.W.1, the then resident P.A. to the President sustained bullet injuries in his body and was admitted into Dhaka Medical College Hospital. He escaped from the H..

Category: Criminal Law | Date: | Hits: 229

Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)

....s attracting Article 33 and in not holding that they in any case came squarely within the ambit of the said Article 33. 23. The points raised in these two appeals thus appear to be short and simple. 24. To take up the matter in Civil Appeal No. 64 of 1989 first it may be noted that ......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ..

Category: Business or Commercial Law | Date: | Hits: 311

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

....i.e. on the date scheduled to be deemed appointed under Article 95 of the Constitution. 18. Apart from above illegality the said finding of the High Court Division is also not sustainable for the simple reason of the provision of Article 148(1) of the Constitution providing that “A person elec......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ..

Category: Constitutional Law | Date: | Hits: 251

Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)

....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......dao blow to the wrist of the victim. The victim was then taken to hospital by accused Marzu and Mamun on a rickshaw. Within two hours of his admission at Laxmipur Hospital the victim succumbed to the injuries. On receiving information from the hospital, police went there and held inquest on the dead..

Category: Criminal Law | Date: | Hits: 60