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Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....accumulation and rearing of fish and for the said purpose they spent a huge amount in placing the Dal and Kattas throughout the area the area and in putting up and keeping costly bunds at necessary places and in keeping a number of guards all through for protecting the fisheries. According to th......ion may be defined as the premature determination of an agreement between parties, lawfully enacted into and to and in course of operation at the time of its premature determination, owing to the occurrence of an intervening event or changes of circumstance so fundamental as to be regarded b..Category: Civil Law | Date: | Hits: 89
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ming unlawful assembly with deadly weapons entered the schedule land and cut and took away ripe paddy valued at Taka 1,25,000 and on getting the information when the informant came to the place of occurrence the accuseds attacked him with intent to kill him; on the basis of above FIR, Nazirpur P..Category: Criminal Law | Date: | Hits: 39
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......gry and threatened the complainant with dire consequence and demanded Tk.100,000/-(one lac) from him as toll and the complainant refused to pay the amount and as such on 21.07.2001 i.e. the day of occurrence while he was riding on his motor bike was met by the accused respondent and others in th..Category: Criminal Law | Date: | Hits: 71
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....s; some of its functions are Government function while exercising sovereign power and again, some of the functions can be described as trading function. When the Government after accepting the tender places an order for supplying say, for ten thousand chairs, and the supplier agreed to do so, a co......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....arsenic is a disaster in Bangladesh; the respondent Nos.4 and 5 though published guidelines for installing new tube wells in Bangladesh but new tube wells are still being installed in various places without following the above guide-lines in spite of full awareness of the severity of arseni......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......bdul Bari and his nephews. Abu Taher and Abul Kashem, for about six years from before the incident. In that dispute Abdul Bari's cousin, deceased Zafar, took his side. About 2-1/2 months before the occurrence Abu Taher and Abul Kashem, along with their friends Noor Ahmed, Serajul Hoque and Akhta..Category: Criminal Law | Date: | Hits: 74
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......the rail line there were many trees and unauthorised house and because of this condition one cannot see the home signal and the adjacent area from the outer signal. So it appears that at the place of occurrence at the relevant time there was line clearance signal for entering into through the railwa..Category: Criminal Law | Date: | Hits: 43
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......hose two staffs on duty there. The informant then lodged First Information Report at Brahmanbaria Police Station without naming any accused. During investigation police recovered from the place of occurrence a moneybag containing a scrap of paper where name and address of absconding convict Kazi..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......and sentenced thereunder......." 5. It also appears that the High Court Division dismissed the appeal of the appellant upon observing that (1) P. Ws. 2-6 being resent on the spot during occurrence duly recognized the appellant with light of moon which was shining at that night in the ..Category: Criminal Law | Date: | Hits: 52
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......ant was likely to make an attempt on the life of the deceased. On the other hand, it appears that the appellant and the deceased were very friendly, they spent the day together immediately before the occurrence and nothing happened during the day which might have something to do with the alleged mur..Category: Criminal Law | Date: | Hits: 44
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......ugh the window of the Ice Cream Factory and found his nephew deceased Md. Abu Salem Shablu lying on the floor with bleeding injuries. On getting such information, the informant went to the place of occurrence and after breaking open the door, entered inside the Ice Cream Factory and found the dea..Category: Criminal Law | Date: | Hits: 57
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......ppropriated the sum of Tk.43,447.25 by fraudulent means and breach of trust. On the basis of the aforesaid FIR, Dinajpur PS. Case No. 10 dated 17 June, 1987 was started and considering the dates of occurrence the case was splitted up into eight cases and separate charge sheets were submitted..Category: Criminal Law | Date: | Hits: 35
Abu Taleb Vs. State, 2007, 36 CLC (AD)
.... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......petitioner Abu Taleb was one of the miscreants apprehended on the spot by the aforesaid driver Md. Chand Miah and that he lodged a first information report with Tejgaon Police Station narrating the occurrence on the basis of which Tejgaon PS Case No. 82 dated 20-6-1995 was started under section 3..Category: Criminal Law | Date: | Hits: 47
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
...., Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......pa jay kina ta janina” 12. P.W 5 Md. Dojahan, maternal uncle of the victim, PW 6 Abu Taher, PW 7 Most Jahura Khatun in their evidence did not utter a single word regarding the alleged occurrence or against the appellant. 13. P.W 8 Md Ali Hamza, brother of victim Champa Khatoo..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
.... 2 Md Anisur Rahman and PW 12 Md Samim Bahar has already been mentioned above wherefrom it is clear that this petitioner Faruk Hossain @ Amjad was the head of Barisal Division who was asked as to the places convenient for blasting bomb aimed at Judges and police administration in order to establish ......ere with injuries and that he also saw another man lying there with bleeding injuries on the ground and that the injured persons were taken to hospital on rickshaw and he narrated the occurrence to the police and also about the other injured person that the said person was found ..Category: Criminal Law | Date: | Hits: 213
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......s 3 & 5 The inmates of the house and close neighbours are natural and probable witnesses. Those witnesses testified in one voice that, accused Mohammad Khan gave the fatal blow at the place of occurrence surrounding the victim while he was fleeing to escape. To decide the time of occurrence o..Category: Criminal Law | Date: | Hits: 117
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......al trial the prosecution is obliged to establish by evidence that the crime has been committed. Commission of dacoity has not been proved by adducing evidence except statement in the ejahar. When the occurrence has not been proved there is no reason to find that the offence is proved and the 164 sta..Category: Criminal Law | Date: | Hits: 49
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
.... for voting by male and female voters separately. (1A) The Returning Officer shall, at least fifteen days before the polling day, publish the list of polling stations locally at some prominent places in the wards concerned as well as the office of the Returning Officer and the office of the U......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180...Category: Election Law | Date: | Hits: 163
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......agger struck him on the left arm causing grievous injury. At that time P.Ws. Meser Ali, Majiruddin, Samad, Majibar, Joynal, Jahiruddin, Awal and many others were present at the scene and they saw the occurrence. The appellant and other accused persons immediately left the place and went to their h..Category: Criminal Law | Date: | Hits: 65
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
.... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ......e leveled against him disregarding cogent evidence on the basis of which the trial Court passed the order of conviction. 5. He further submits that the victim herself as P. W. 2 narrated the occurrence and thus corroborated her father P.W.1 and her mother P.W. 3 Nasima Akter and that ..Category: Criminal Law | Date: | Hits: 34
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