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State Vs. Saheb Ali, 2008, 37 CLC (AD)

....Division upon 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) 343. ......le. When he reached a field at a place called Nailapukur for Barinda Mouza, he was attacked by the condemned prisoner and his accomplice, namely Abbas Ali, alias Boga. The assailants gave him stab injuries causing his death and took away Tk. 200/- from his possession as well as the two head of c..

Category: Criminal Law | Date: | Hits: 45

State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)

....risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......he informant, a cousin of deceased Sudhan, on 28.02.2000 at about 11.3 P.M. hearing hue and cry from the house of the deceased went there and found the dead body lying near the latrine wit bleeding injuries. Many other neighboring people assembled there to whom the accused Nazma, wife of deceased..

Category: Criminal Law | Date: | Hits: 51

Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)

....here 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: VI ADC (2009) 338. ...... bhela blow on the victim Fazar Ali causing incised wound in the medical aspect and middle part of the leff thigh of the victim, the other accuseds also assaulted the victim by lathi causing severe injuries to the vic­tim; upon hearing their hue and cry, wit­nesses Yusuf Alf (P.W.5), Idri..

Category: Criminal Law | Date: | Hits: 38

Bashir Mia and another Vs. State, 2009, 38 CLC (AD)

....16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......in-law but he never returned back. Rather on the night following 13.10.2001 a dead body of Sohel was recovered from the jute field of one Nowab Mia of the village Alipur having multiple penetrating injuries on his person. Ultimately dead body was sent to morgue for post-mortem examination and a c..

Category: Criminal Law | Date: | Hits: 41

Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and oth­ers, 2003, 32 CLC (AD)

....st in the said loan amount @ 18% until realization in Title Suit No. 255 of 1997 filed against the respondent which has been decreed with interest @ 18%. But in the instant case the Court has allowed simple interest to be paid by the appellant at the rate of 18% till realiza­tion. Since the respond......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs.  Ed.  This Case is also Reported in: II ADC (2005) 291. ..

Category: Civil Law | Date: | Hits: 88

Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)

....nner mentioned in clauses (a), (b) and (c) (i) thereof. The plaintiff Bank obtained a mortgage by deposit of title deeds. A mortgage by deposit of title deeds being placed on the same footing as a simple mortgage (sec­tion 96 of the Transfer of Property Act) the only remedy is a suit for sal...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..

Category: Property Law | Date: | Hits: 28

Md. Awlad Hossain and another Vs. Joynab Bibi and anoth­er, 2004, 33 CLC (AD)

....ontempt of court. The High Court Division after hearing found the appellants guilty of the offence amounting to contempt of court and by order dated 8.3.1999 sentenced the appellant No. 1 with 7 days simple imprisonment and to pay a fine of Tk. 1000/- in default to suffer one month simple imprisonme...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...

Category: Criminal Law | Date: | Hits: 51

Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)

....ompromise which was accepted by a Single Judge of the High Court Division (Sylhet Sessions) by a common order dated 29 October, 1987 in Civil Revisions Nos. 2, 5, 6 and 14 of 1984. The appellant's simple contention is that it was not party to the com­promise and that no rule having been issu......High Court Division is modified to the extent that the com­promise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ..

Category: Property Law | Date: | Hits: 32

Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)

.... milk food in question. That was a wrong approach adopted by the trial Court and to our regret the erroneous conception persisted upto the High Court Division which ought to have known better. The simple issue in this suit was whether the punishing authority had fol­lowed the procedure in di......we hold that the High Court Division erred in law in decree­ing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ..

Category: Employment/Service Law | Date: | Hits: 69

Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)

.... and the landlord shall be at the mercy of the tenants. Such intention cannot be read into the provision of the premises Rent Control Ordinance. The submission on estoppels cannot be accepted for the simple reason that neither from the affidavit-in-opposition of the respon­dent filed in the High Co......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ..

Category: Tenancy Law | Date: | Hits: 172

Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)

....o. 22712 dt. 31.10.78 and deed No. 37464 dt. 3.10.79 from the heirs of Umed Ali and Yousuf (Faraj enclosed). The petr. Filed petn. Claiming payment of compensation money of misc. plots. This is a simple case of wrong payment to the following persons. They are directed to refund the mon...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ..

Category: Property Law | Date: | Hits: 28

Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)

.... 1985 in the First Court of Subordinate Judge, Dhaka which on transfer to the 3rd Court of Subordinate Judge was renumbered as above i.e., Title Suit No. 2 of 1987. It was ini­tially a suit for simple declaration of title to the suit property measuring about .11 decimals in C.S. Plot No. 243......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..

Category: Property Law | Date: | Hits: 56

Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)

.... the Special Judge, Dhaka in Special Case No. 254 of 1983 convicting the respondent No.2 under Section 409 of the Penal Code read with Section 5(2) of Act II of 1947 and sentencing him to 10 years simple impris­onment with a fine of Tk. 5 lakhs in default to suffer simple imprisonment for fu......is directed to pay the respon­dent No.2 his back wages and the pension ben­efits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ..

Category: Labour and Industrial Law | Date: | Hits: 79

Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)

....o the petitioner in the Petition, under section 27(1) of the Anti Corruption Commission Act, 2004 read with section 109 of the Penal Code and has been convicted thereunder and sentenced her to suffer simple imprisonment for 3 (three) years. 5. It may be mentioned the respondent No.1 in the Appea......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246...

Category: Criminal Law | Date: | Hits: 51

Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)

....n 2.9.1985 (copy of relevant memos produced by learned Additional Attorney General) but this fortuitous fact can­not and should not be made a ground to treat the respondent differently for the simple reason that they belonged to the same stock, i.e., they lost their jobs due to the abolition......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)

....ets have been changed and the 3 cases records have been cancelled with malafide motive. This was beyond the scope of the enquiry. The bare alle­gations in the charge sheet as they were very simple and prima facie did not speak of corruption and as a matter of fact the O.Ps did not contes......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ..

Category: Administrative Law | Date: | Hits: 94

Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)

....xample in Indian Debt Laws. 8. The word "debt" is of a large import, including not only depts. of record on judgment and debts by specialty, but also obligations aris­ing under simple contract, to a very wide extent, and in its popular sense includes all that is due to a man......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..

Category: Property Law | Date: | Hits: 39

Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)

....dverting the reasons given by the trial court, reversed the above find­ing merely relying on the statement of the respondent No. 1 in his deposition to the effect that late Fatema Khatun was a simple illiterate and pardanshin lady. The High Court Division relying on the decision reported in ......ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ..

Category: Procedural Law | Date: | Hits: 87

State Vs. Abdus Satter and others, 2004, 33 CLC (AD)

....the Respondents on bail in the interest of justice, the trial court will be compe­tent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......rence Billal Hossain, a super­visor of the company and a trade union leader belonging to the accuser's rival group was hurled on the ground from the sixth floor of the building causing multiple injuries and fractures on different parts of his body. The victim suc­cumbed to his injuries at..

Category: Criminal Law | Date: | Hits: 35

Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)

.... peri­od of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ......he hearing of either ear. Emasculation and any hurt which endanger life or which causes the sufferer to be during the space of twenty days or unable to follow ordinary pursuits, Unless any of these injuries are found and unless the injured suffer bodily pain during a period of 20 days or unable t..

Category: Criminal Law | Date: | Hits: 78