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Malek Gharami Vs. State, 2007, 36 CLC (AD)
.... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ......e side of the house of the accused person i.e. husband of the deceased and thereupon the informant went there and found the dead body of his daughter in the 'Khal, that the informant noticed injuries in different parts of the body of his daughter and of the view that his daughter had been ..Category: Criminal Law | Date: | Hits: 38
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ......red the same in order to rape her and during scuffle the informant victim may have received injury on her throat and the minor daughter of the victim informant met with death due to indiscriminate injuries caused by the miscreants who came there just to rape the informant victim. 7. ..Category: Criminal Law | Date: | Hits: 41
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......ored inside his house and when his wife, the victim, put up resistance she was stabbed by them and then the condemned prisoner took the victim to the hospital where she succumbed to her injuries. 5. The learned Additional Sessions Judge, on consideration of the evidence and m..Category: Criminal Law | Date: | Hits: 58
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
....the case of confessional statement of an accused under Section 164 of the Code of Criminal Procedure. The legislature in its wisdom has put a dying declaration at per with evidence on oath for simple reason that a man under the apprehension of death is not likely to speak falsehood and invol...... to Baten, who being frightened ran away therefrom. Thereafter, the convict appellants Mohsin Hossain Bidyut and Ahadul struck dao blow on the head and right elbow of the deceased causing bleeding injuries and as a result, he fell down on the ground. The condemned-prisoner-appellant Abdus S..Category: Criminal Law | Date: | Hits: 44
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....ner and Dalimjannessa having not claimed in the alleged deed of settlement exhibit-3(Kha) 'Ka' schedule land by way of inheritance, the Court of appeal below erred in not holding that the suit for simple partition is not maintainable without a declaration of title and the High Court Divisio......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ..Category: Property Law | Date: | Hits: 26
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....itle and recovery of possession of the suit lands within the statutory period of limitation and hence the plaintiffs suit is barred by limitation and they are not entitled to a decree for simple declaration of their title of the suit land and therefore, the suit of the plaintiff is......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ..Category: Property Law | Date: | Hits: 27
Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)
....d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ......w fled away and in the evening the informant along with other local persons went to the house of Rafiqul and thus rescued Jamal and Jamal was then admitted in Haldibari Hospital for treatment with injuries on his person and he became senseless and during his treatment in the hospital on 14 Augus..Category: Criminal Law | Date: | Hits: 43
Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)
....nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ......brother of victim Shah Alam Babul lodged information to the police and the police accordingly went to the "beel" of Baownia and recovered victim Babul in senseless condition with multiple injuries on his person and took him to Orthopedic Hospital at Sher-e-Bangla Nagar, Dhaka and Babul ..Category: Criminal Law | Date: | Hits: 36
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ......istol which hit his son and his son was trying to escape and then co-accused Zahirul Assaulted him with sharp cutting weapon and some other accused also assaulted his son who succumbed to the injuries. On the basis of the aforesaid FIR Naldanga Police Station Case No.1 dated 08.02.2004 was ..Category: Criminal Law | Date: | Hits: 47
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......und and the opinion recorded by Board was that death was due to asphyxia resulting from throttling which was antemortem and homicidal in nature. In inquest report marks of injuries had been noticed on the mouth and throat of deceased Surja Begum. Medico- Legal Certificat..Category: Criminal Law | Date: | Hits: 51
Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)
....of Magistrate, 1st Class, Mymensingh in C.R. Case No.376(1) of 1995 convicting the Respondent No.1 under section 6(5) of the Muslim Family Laws Ordinance, 1961 and sentencing him to one year simple imprisonment. 2. The petitioner filed the aforementioned C.R. case alleging that duri......nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ..Category: Criminal Law | Date: | Hits: 36
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
.... the rule, the High Court Division made the rule absolute against respondent contemner-appellants and sentenced them to pay fine of Tk.2000/- each within a period of 15 days, in default, to suffer simple imprisonment for one month each. From the said impugned order the appellants moved this Cour......lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ..Category: Criminal Law | Date: | Hits: 47
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....Code and maintaining the conviction under Section 420 of the Penal Code and enhancing the period of sentence from 3 months to 6 (six) months and fine of Tk. 1000.00 to 2000.00 in default to suffer simple imprisonment for 1 (one) month more passed by the learned Metropolitan Magistrate, Dhaka con......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ..Category: Criminal Law | Date: | Hits: 42
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
.... in the land covered by the alleged exchange deeds; in the case of Md. Jashimuddin (Kanchan) Vs. Md. Ali Ashraf reported in 11 BLD (AD) 101 it has been held that the plaintiff is not entitled to a simple declaration that the appellant's kabala is false and fraudulent without first establishing h......n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
....ducational qualification for the 2 types of accountants. In the Ministry the requisites qualification for accountant is B.Com 2nd Class while in the High Court Division no Division is required. A simple B. Com. can be appointed as accountant in the Supreme Court of Bangladesh. It was wrongly s...... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ..Category: Employment/Service Law | Date: | Hits: 69
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......am, husband of deceased Chapa, were away to Calcutta in connection with the treatment of Khalilur Rahman who was a heart patient. On the morning of 19-10-1989 deceased Chapa was found lying dead with injuries. She was sleeping in a first floor bedroom and the respondents lived on the first floor and..Category: Criminal Law | Date: | Hits: 94
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....isdiction under Article 102(1) of the Constitution to exercise such powers thereunder should exercise such power on specified fields without offending other provisions of the Constitution, for the simple reason that a right to judicial review under Article 102(2) is neither a fundamental right n......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ..Category: Constitutional Law | Date: | Hits: 133
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....off but what is also a counter-claim. If the claim set up by the defendant is in respect of a debt what is less than or equal to the plaintiff's claim in the suit, it is a plea of set off pure and simple, but if it exceeds the plaintiff's claim it is to the extent of the excess a cross claim, fo...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..Category: Civil Law | Date: | Hits: 111
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....pugned judgment and order dated 4-7-2007 convicted the accused-respondent under section 27(1) of the Anti-Corruption Commission Act, 2004 and section 109 of the Penal Code and sentenced him to suffer simple imprisonment for 3(three) years and to pay a fine of Taka 1,00,000, in default, to suffer sim......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....ined by coercion and duress and the said defendants were still in service as teachers of the said school. We are not inclined to interfere with this finding of the High Court Division for the simple reason that no opinion of any handwriting expert was obtained in this case nor the trial Cou......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ..Category: Civil Law | Date: | Hits: 110