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M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
.... while assessing compensation for the appellants' 11.5750 acres of bhiti land after due and proper appreciation of materials on record particularly Ext.53(Ka) by mistake referred chala land in some places and illegally rejected appellants' claim for potential earnings therefrom for the last 35 ye......the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ..Category: Property Law | Date: | Hits: 37
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
....petitioner "The Oriental Bank Ltd.’' (previously Al-Baraka Bank, Bangladesh Limited) is a Banking Company incorporated in Bangladesh and carries on baking business, among other places, at the aforesaid address. 3. The respondent No. 2 is the owner of a business firm MS...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ..Category: Business or Commercial Law | Date: | Hits: 122
Kamrul Islam Vs. State, 2008, 37 CLC (AD)
....Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ......ormed who recovered the arms and ammunitions together with Bangles and ear rings from their possession and lodged the instant F.I.R. 3. The police took up investigation, visited the place of occurrence, prepared sketch map with separate index of the place of occurrence, seized alamats by p..Category: Criminal Law | Date: | Hits: 37
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......tor of Police, held inquiry into the matter and submitted a report stating that at the instance of one Bagres Khan, Magura Police Station Case No. 12 dated 24.01.1972 was started over the selfsame occurrence against 20 accused persons including petitioner No.1 and another Sayed Abul Kashem (not ..Category: Criminal Law | Date: | Hits: 35
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......te on 10|h July, 2004 and the case being mentioned in serial No.78 of the said gazette was registered as Druta Bichar Case No.22 of 2004 of the Druata Bichar Tribunal, Chittagong. Over the selfsame occurrence, the petitioner as informant lodged a First Information Report with the Nabinagar Polic..Category: Criminal Law | Date: | Hits: 31
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......o have held that the defence version of the case is highly improbable as the respondent, the husband of the victim, miserably failed to explain as to how his wife died in his house in the night of occurrence and that in 35 DLR (AD) 119, the principle of law on the point of circumstantial evidenc..Category: Criminal Law | Date: | Hits: 48
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....ted and closed due to nonavailability of funds, the employees have to go along with its closure. The High Court was not right in giving the direction to regularise them or to continue them in other places. No vested right is created in temporary employment. Directions cannot be given to regularise......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ..Category: Administrative Law | Date: | Hits: 136
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
.... of the plaintiffs were not purchased from the same vendor and by the same person/persons or from the same person and on the same date rather those were purchased on different dates from different places and from different persons. 11. The courts below further observed that in the plaint ......ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ..Category: Property Law | Date: | Hits: 25
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....roj and he had suffered imprisonment from 15.3.1984 to 16.11.1991 pursuant to the judgment dated 15.3.1984 passed upon trial of Special Martial Law Case No.24 of 1983. As such, if fresh trial takes places in pursuance of the Sessions Judge's order dated 26.11.1996 in Criminal Miscellaneous Case ......which could have been done 4/5 years before. It seems that it was nobody's concern at any stage of the proceeding and to ask for an order of re-trial from this Division after fourteen years of the occurrence can hardly or should not be; considered as a genuine prayer for the sake of justice. It ..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......minal Procedure in the same C. R. Case No.3774 of 1995 first and thereafter examined four witnesses in course of the Judicial Enquiry including the complainant, most of whom were eye witnesses to the occurrence and found that it was a case of murder and a cognizable offence was committed by the accu..Category: Criminal Law | Date: | Hits: 105
Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)
....al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ......riting of the letter. P.Ws.2 and 3 then searched for the victim in vain in the house of accused Nannu as well as in the house of their neighbours and relatives. Three days after the aforesaid occurrence P.W.2 again asked Nannu Mia about Kazal but he was silent and then absconded. Thereafter..Category: Criminal Law | Date: | Hits: 25
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ......tar used to reside in the house of her father-in-law the accused appellant Jalal and others used to put pressure on various occasions for dowry and also assaulted her and that on the date of occurrence i.e. on 18.07.2000 coming to know about arrival of the husband of Fatema Akhtar fro..Category: Criminal Law | Date: | Hits: 41
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
.... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ...... in different parts of the body of the victim by sharp knife. The further allegation is that the accused persons threatened the associates of the victim Shah Alam @ Babul that if they disclose the occurrence to anybody, the condition would be as that of the victim Babul. The further allegation i..Category: Criminal Law | Date: | Hits: 36
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....declared as ultra vires. 18. To obtain aim and object of the Ain, provision has been made in section 4(4) of Druto Bichar Ain, 2002 empowering Government to establish Tribunal(s) at place or places and the said provision is as under: “৪। দ্রুত বিচার ট্......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ..Category: Criminal Law | Date: | Hits: 59
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ....../10 of the Public Safety (Special Provisions) Act, 2000 read with section 323 of the Penal Code. The further case is that the writ petitioner-appellant is in no way connected with the alleged occurrence and he has been falsely implicated in this case by his political opponents only to demol..Category: Criminal Law | Date: | Hits: 43
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
.... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ......ve been mortgaged did not apply for loan. The said F.I.R. was registered as Keshabpur PS. Case No.5 dated 31.5.1985. 3. The police took up investigation of the case and visited the place of occurrence and seized alamats and prepared sketch map with a separate index and recorded the statem..Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......t successful in this respect. As a result the deceased demanded back the money from them. A salish was held over the matter but the respondents did not agree to the terms of the salish. On the day of occurrence the respondent Azahar Mridha came to the house of the deceased and on the plea holding a ..Category: Criminal Law | Date: | Hits: 26
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
....e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......ld him that dead body of his sister Monowara Khatoon had been kept on hanging after being assaulted to death by her husband Abu Sayed (the petitioner) and others and then he rushed to the place of occurrence and found the dead body of his sister and also found that blood was emanatin..Category: Criminal Law | Date: | Hits: 99
State Vs. Md. Abdur Rahim, 2007, 36 CLC (AD)
....een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ......t prior to present FIR. of the case a G.D. was made with local Police Station, on the basis of which, the officer-in-charge (Pw. 14) came to the house of the informant when the letter reported the occurrence which was reduced to writing and thereafter sent to Thana for starting regular a ca..Category: Criminal Law | Date: | Hits: 44
Delwar Hossain Vs. State, 2007, 36 CLC (AD)
.... we are of the opinion that there is no substance in this petition for leave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 986. ......e. The defence did not adduce any evidence. 6. The defence case as could be gathered from the trend of cross-examination is total denial and inter alia case that he did not take part in the occurrence inasmuch as the alleged confessional statement made by him is not true and voluntary but..Category: Criminal Law | Date: | Hits: 43
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