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

....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. ......der the second party Pubali Bank and hence the Complaint case is quite maintainable, that on perusal of the evidence of P.W.1 and D. W. 1 the Labour Court was of the opinion that witnesses for the prosecution were examined in the absence of the first party and those first party was not given any..

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

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

....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.......ve to Appeal No. 146 of 2008 submitted that the writ petitioner filed an application before the High Court Division in Writ Petition No. 9600 of 2007 for discharging the Rule obtained therein for non-prosecution and the High Court Division upon allowing the application has discharged the Rule obtain..

Category: Criminal Law | Date: | Hits: 51

Simon Singh Vs. State, 2008, 37 CLC (AD)

.... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ......f 2003 was registered. The convict filed Criminal Appeal No. 284 of 2003 through an Advocate of his choice and also a petition from jail whereupon Jail Appeal No.115 of 2003 was registered. 3. The prosecution case, in short, is that on the night of 10-08-2002 at 09.10 P.M. P.W. Jahed Alam @ Munna..

Category: Criminal Law | Date: | Hits: 47

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

....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. ...... Hand Book of the Stenographer been called for in the Enquiry and the earlier monthly state­ments been looked into and the particu­lars of the 3 so called missing cases asked for from the prosecution, a cor­rect finding could be arrived at in the enquiry by the Enquiry Officer. On ..

Category: Administrative Law | Date: | Hits: 94

Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)

.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ...... and sentenced to suf­fer rigorous imprisonment for a term of 7 years and to pay a fine of Tk. 3,000/- in default to suf­fer rigorous imprisonment for 3 (three) months more. 2. The prosecution case, in short, is that one M.A. Khaleque, Sub-Inspector of Police, Joydebpur Police St..

Category: Criminal Law | Date: | Hits: 70

Nizam Hazari Vs. State, 2004, 33 CLC (AD)

....cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ...... court and summits, inter alia, that non-consider­ation of the relevant evidence by this court in passing the judgment has caused a miscarriage of justice and that inconsistency in the evi­dence of prosecution witnesses has not been considered by this Court and there has been suppression and misqu..

Category: Criminal Law | Date: | Hits: 53

Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)

....e or error appar­ent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......deed in favour of the accused No.1. During trial charge under section 465/109 of the Penal Code was framed against the accused persons to which they pleaded not guilty and claimed to be tried. The prosecution examined as many as 5 witnesses and the defence examined none. The learned Magistrate o..

Category: Criminal Law | Date: | Hits: 47

Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)

.... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ...... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ..

Category: Criminal Law | Date: | Hits: 44

Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)

..... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ..

Category: Criminal Law | Date: | Hits: 61

Tariqul Islam Vs. State, 2002, 31 CLC (AD)

....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......dure in order to examine the ingredients of the alleged offence while tak­ing cognizance of a case and in framing charges against the appellant so that nobody can lodge vexatious and malicious prosecution. In such view of the matter it is argued that the High Court division committed error o..

Category: Criminal Law | Date: | Hits: 47

Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)

....e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......petitioner filed Jail Appeal No. 2023 of 1999 and learned Sessions Judge also made reference being Death Reference No. 17 of 1999 under Section 374 of the Code of Criminal procedure. 3. The prosecution Case is that Sub-Inspector of police, Md. Muzibar Rahamn Mazumdar of Chauddagram police..

Category: Criminal Law | Date: | Hits: 55

Alaluddin Vs. State, 2003, 32 CLC (AD)

....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ...... Additional Session Judge, 4th Court Rajshahi, on 26.1.2000 in Session Case No.178 of 1998, convicting the petitioner under section 302 of the penal Code and sentencing him to death . 2. The prosecution case, in brief, is that vic­tim Balika was brought up in the house of Islam, her ma..

Category: Criminal Law | Date: | Hits: 36

Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)

....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......roneous. 14. On the contrary we reiterate that if any cheque is presented to the Bank twice or on many more times, within six months from the date it was drawn, computation of the period for prosecution under section 138 of the Negotiable Instrument Act should be done from which the chequ..

Category: Business or Commercial Law | Date: | Hits: 138

Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)

.... reducing the sentence to the period already under gone. The appellant be set at lib­erty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ...... to suffer imprisonment for life. The Special Tribunal by the same order directed that the sentences shall run concurrently. 2. It may be mentioned in the facts and cir­cumstances of the prosecution case tried in the special Tribunal, the Tribunal was in serious error in convicting and..

Category: Criminal Law | Date: | Hits: 41

Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)

.... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ...... that was detained in Berabari as well as accused Ajut Ali was brought to the Dahia government Primary School. On weighing the entire wheat there was shortage of 25 mounds and 19 seers. It was the prosecution case that the accused persons had misappropriated the said quantity of wheat. 3...

Category: Criminal Law | Date: | Hits: 49

Dr. M.A. Mazed and others Vs. Bangladesh, rep­resented by the Solicitor, 2003, 32 CLC (AD)

....al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......ase registered upon a petition of complaint. A case registered upon lodging of an Ejaher in a police station and culminating in filing of charge sheet and persons (s) so recommended by the police for prosecution was put on trial and the trial ends in acquittal and thereupon if government files an ap..

Category: Criminal Law | Date: | Hits: 109

Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)

.... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ......at during pendency of the aforesaid Miscellaneous Case the plaintiff filed a solenama purported to have been executed between the parties and prayed for dismissal of the Miscellaneous Case for non-prosecution and the learned Assistant Judge accordingly dismissed the Miscellaneous Case on 02.01.2..

Category: Property Law | Date: | Hits: 25

Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)

....allowed with­out any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ......ee declared elected on 25.12.1999 was legally elected committee of the Union and the letter issued by the Registrar dated 02.01.2000 was inoperative as the suit was dismissed on 12.04.2000 for non-prosecution there was no question of declaring the committee headed by respondent Nos. 5 and 6 as b..

Category: Labour and Industrial Law | Date: | Hits: 100

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. ......ht the informant P.W. 1 woke up from sleep on hearing hue and cry and moved toward the railway line where he found his son in law in injured and unconscious condition. It is the further case of the prosecution that the F.I.R. named witness Abdul laity informed the informant where the occurrence t..

Category: Criminal Law | Date: | Hits: 78

Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)

....asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......order of conviction and sen­tence passed against him by the said Tribunal Court on the ground that there is absolutely no evidence against him supporting the conviction and sentence. In this case prosecution examined as many a 4 P.Ws P.W.1 is the informant Badsha Miah and P.W. 2 is Nur Jahan, a ..

Category: Criminal Law | Date: | Hits: 47