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Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)

....d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 624. ......aving failed to realize the demanded dowry, killed the victim after committing rape on her and threw the dead body into the Indara. 3. Police investigated into the case and submitted charge sheet against the con­demned prisoners and the acquitted 4 other accused persons. 4. Dur..

Category: Criminal Law | Date: | Hits: 33

Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)

.... and the petition­ers subsequently received further amount from him by executing "wasil receipt" and the respondent No. 1 thus, in total, paid Tk.2,66,500/- and then he tendering the balance amount requested the petitions and the respondent No.3 to execute and register the sale dee......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ..

Category: Property Law | Date: | Hits: 26

N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)

.... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ......9 passed by a Division Bench of the High Court Division in Writ Petition No.281 of 1998 discharging the Rule Nisi. 2. Short facts are that the appellant-com­pany is a manufacturer of GP sheets and CGI sheets. Zinc Ingot and BP sheets are used as raw materials for production of the sam..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)

....or sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance and it was stipulated that the kabala would be executed and registered within 6 months on receipt of balance consideration money, but the said vendor did not complete the same within 6 months. Later ......d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ..

Category: Civil Law | Date: | Hits: 119

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. ...... Dhaka. 3. Police took up investigation of the case and during investigation victim Shah Alam Babul died in the hospital on 13.05.1997. Police on completion of investigation submitted charge sheet against 14 accused persons including the petitioners under section 302/34 of the Penal Code...

Category: Criminal Law | Date: | Hits: 36

Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)

....exclusive domain as provided under Article 110 of the Constitution and section 526 of the Code of Criminal Procedure to transfer a case pending before an ordinary Court of law, thereby destroying the balance of the Constitution violating the independence and separation of judiciary protected under t......ns being armed with firearms attacked them and fired shots at them and consequently, one Alamgir died on the spot and 9 others were injured. Police upon a per­functory investigation submitted charge sheet No. 21 dated 26-2-2002 against 49 accused including the writ-petitioner under sections 147/148..

Category: Criminal Law | Date: | Hits: 59

Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)

.... of the stipulation as contained in the User Agreement. The respondent is a party aggrieved within the meaning of section 46 of the Act, The res­pondent has got strong prima facie case and the balance of convenience and inconvenience is in favour of the respondent and against the appellant. ......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ..

Category: Intellectual Property Law | Date: | Hits: 245

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. ...... the case. The appellant surrendered before the Court of the Chief Metropolitan Magistrate, Chittagong on 7-5-2001 and was taken into custody and since then he is in hajat. Police submitted charge sheet dated 9-5-2001 under section 7(Kha)/10 of the Public Safety (Special Provisions) Act, 2000 re..

Category: Criminal Law | Date: | Hits: 43

State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)

....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......y Zone, Dhaka (South) and thereupor Laxmipur P.S. Case No 5 dated January 20, 2001 was registered under Section 25A of the Special Powers Act, 1974. 4. On completion of investigation charge sheet was submitted on April 30, 2000 against Nur Husain Alias Hiron i.e Respondent No.1 herein as ..

Category: Criminal Law | Date: | Hits: 38

State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)

....to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ......n presence of seizure list witnesses and thereafter lodged the F.I.R. with Ramna Police Station where­upon Ramna P. S. Case No.14 dated 04-12-1991 was started. 3. Police submitted charge sheet after investigation under Sections 19A and 19(f) of the Arms Act since prima facie case was m..

Category: Criminal Law | Date: | Hits: 24

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. ...... and seized alamats and prepared sketch map with a separate index and recorded the statements of the witnesses under sec­tion 161 of the Code of Criminal Procedure and finally submitted charge sheet against the accuseds since prima facie case was found against them. 4. Then the case r..

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. ......gle and an U.D, Case was started by the police and after post­mortem examination over the dead body of the deceased the case was started. The police on completion of investigation sub­mitted charge sheet under section 302/34 of the Penal Code. 3. Defence plea was one of innocence and false impl..

Category: Criminal Law | Date: | Hits: 26

Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)

....d no sub­stance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ......used miscarriage of justice by ignoring the supplementary affidavit sworn and submitted before it on behalf of the peti­tioner along with the Annexure-X hereof as evidenced by the Court's order sheet herein because this appellate Court below found the document torn and could not discover its..

Category: Property Law | Date: | Hits: 19

Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)

.... contention of the plaintiff that in spite of receiving Taka 1,75,000 out of the total consideration money Taka 2,00,000, the defendant No.1 did not execute and register the kabala on receiving the balance of the consideration money Taka 25,000 and, as such, he was constrained to file the suit. ......f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ..

Category: Property Law | Date: | Hits: 23

Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)

....in the circumstances leading to the death of his wife. In the absence of any plausible explanation in the present case by the accused-petitioner, his plea of innocence falls to the ground. Tilting balance of the facts and circumstances of this case is such that there is no other way but to maint......inst the petitioner and others on the basis of which the case was started in Dhanut Police Station against the petitioner and others and the police after investigation   submitted charge-sheet and thereafter, the case was sent for trial before the Court  of  Sessions  an..

Category: Criminal Law | Date: | Hits: 99

Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)

....ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......the Advocates to show the orders issued or to inform them of the nature of the orders passed and so, in view of the absence of the signature of the petitioner's Advocate in the margin of the order sheet, it cannot be said that the order was not known to the petitioner's Advocate; moreover, there..

Category: Trust/Waqf Law | Date: | Hits: 199

Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)

.... 26, 1927 for an amount of Taka 48 and that it was stipulated in the mortgage deed that after one year the mortgagors would be entitled to redeem the mortgage in the month of Magh on payment of the balance of the amount, that said Hanif Khan and Anis Khan mortgaged the land of the heirs of Himma......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ..

Category: Property Law | Date: | Hits: 48

S.M. Nurul Islam Vs. Padma Oil Company Limited and others, 2006, 35 CLC (AD)

....out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ......ng a written statement stating that the relationship between he respondent No. 1 and the peti­tioner being that of master and servant the suit is not maintainable in its present form by charge sheet dated 6.6.1993 the peti­tioner was charged for misappropriation of Tk. 2107.68 by overwri..

Category: Employment/Service Law | Date: | Hits: 61

Army Habilder Abdul Gafur Vs. State, 2007, 36 CLC (AD)

....judgment and order of convication and sentence. We do not find any ground to interfere. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 988. ......h Bogra Police Station on the basis of which Bogra P.S. Case No. 11 dated 14.09.1989 was started under Sections 364/302/201 of the Penal Code. The police investigated the case and submitted charge sheet on 08.02.1990 against the petitioner and co-accused Abdul Jalil under Section 364/302/201 of ..

Category: Criminal Law | Date: | Hits: 39

Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)

....ndolent respondent cannot claim any equita­ble relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. ......w that though the learned Munsif by order No. 29 dated 27.5.1975 fixed the date on 6.6.1975 for final objection to the pleader commissione's report "it does not appear from the original order-sheet that his order was shown to the lawyers of the parties” and observed: "In s..

Category: Property Law | Date: | Hits: 23