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Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ...... the Code of Criminal Procedure and the police also recovered exchanged TK.33,000.00 from one Zaman friend of accused Abdur Razzak. 4. After investigation police submitted charge sheet accusing 4 (four) accused including the petitioners. 5. The prosecution in course of t..Category: Criminal Law | Date: | Hits: 40
Md. Sirajul Islam Vs. State, 2007, 36 CLC (AD)
....irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ......eposit of rents by forging deposit slips of the Bank as well as the seal and signatures of the Bank officials and thereby he misappropriated Tk.2,95,575/-. 6. On completion of investigation charge sheet was submitted for misappropriation of Tk. 39,045.00 for the period from October 1990 to Septem..Category: Anti-Corruption Laws | Date: | Hits: 111
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. ......ly, submitted final report (true) in respect of the Ejahar filed by Nasiruddin Jamal and suo motu a first information report was lodged by him on 27-3-1990 and after investigation he submitted charge sheet against the respondents and acquitted accused under sections 302/307/201/34 of the Penal Code...Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....izamuddin had transferred 0.14 acre of land from Plot No. 124 and another 0.51 acre of land from Plot. 125 total 0.65 acre land to Churini Jamaddar in the year 1936 by registered sale deed keeping balance 0.84 acre of land of Plot No.125 in his ownership and possession which he subsequently......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..Category: Procedural Law | Date: | Hits: 86
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......olation by inserting 3.97 acres land in place of 0.97 acres of land and thereby they committed offences under the aforesaid provisions of law. Police on completion of investigation submitted charge sheet in the case against the accused respondent and others under the aforesaid sections of law. ..Category: Criminal Law | Date: | Hits: 63
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ...... and the enquiry officer was therefore, directed to enquire into the allegations more elaborately, that on receipt of the second enquiry report it was found that the sixth allegation in the charge sheet was not properly enquired into and, as such, the enquiry officer was again asked to enquire i..Category: Administrative Law | Date: | Hits: 94
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......irampur Government Primary School Centre, Char Baleswar Government Primary School Centre and Gharghata Government Primary School Centre. By order No. 35 dated 6-4-97 the Tribunal noted in the order-sheet that the bag containing the ballot papers in which votes were cast in favour of the appellan..Category: Election Law | Date: | Hits: 126
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ......als are that Criminal Appeal No. 4 arises out of GR case No. 523(2)/72. The occurrence is alleged to have taken place on 14-6-71. The First Information Report was lodged on 20-4-72, and the charge-sheet was filed under section 148, 447, 302/34, 342 and 109 of the Penal Code. Criminal Appeal No. ..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....e fisheries due to the Bunds put up by the Irrigation Department.” And further agreed with the learned Subordinate Judge who rejected the claim of the plaintiffs for the balance of the amount for reasons that it was not due to the fault of the respondent that the ......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..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. ......ll him; on the basis of above FIR, Nazirpur PS Case No. 12 dated 9-5-1998 was registered under sections 147/347/379 of the Penal Code and after investigation the police on 8-9-1999 submitted charge sheet under sections 143/447/379 of the Penal Code against 33 persons including the accused petiti..Category: Criminal Law | Date: | Hits: 39
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......out against the respondent No. 1 under sections 385/109 of the Penal Code. Ex-fade no case is maintainable against her. 9. It was further stated that after investigation police submitted charge sheet, being charge sheet No. 271 dated 23-7-2007 under sections 385/109/34 of the Penal Code. There..Category: Civil Law | Date: | Hits: 254
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....said suit. 3. Denying the plaint case the defendant filed written statement but admitted the agreement and expressed her willingness to execute and register the sale deed on receipt of the balance amount of consideration; that thereafter on 17-11-1997 the plaintiff and the said defendant......ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 41
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....e of the plaintiff it was contended before this Division that Order VIII, rule 6, CPC makes no express mention of counter-claim and accordingly, the Court has no power to give judgment for the balance of setoff exceeding plaintiff's claim. From the side of the defendant it was contended that...... 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
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
....19 acres land in Plot No. 6156 was hurriedly completed by the respondent No. 1 during the pendency of the acquisition proceedings; the respondent No. 1, having not delivered possession of the balance portion of 0.28 acres acquired land, the appellant No.1 who paid the full amount of compens...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..Category: Labour and Industrial Law | Date: | Hits: 83
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....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. ......ules 15Ka, 15Kha and 15Gha of the Emergency Powers Rules, 2007 and section 109 of the Penal Code, 1860 was started. 6. The investigating officer after investigation of the case submitted charge sheet against the co-accused Mir Md Nasiruddin under sections 26 and 27 of the Anti-Corruption Commi..Category: Anti-Corruption Laws | Date: | Hits: 219
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......d having on nexus with the prevailing international market rate on the face of the invoice value of the goods being at US$ 835.49 per metric ton (taking the invoice value of US$ 291 per Rim of 500 sheets) alleging that such arbitrary fixation of tariff value has been done without lawful authorit..Category: Fiscal/Taxation Law | Date: | Hits: 107
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......High Court Division in Writ Petition No: 1265 of 2000 making the Rule absolute. That respondent proprietor of Messrs Bangladesh Traders opened a Letter of Credit on-January 13, 2000 to import 5,600 sheets of Standard Hard Board, B Grade, from Thailand @ US$ 2.01 per sheet totaling C& F value ..Category: Business or Commercial Law | Date: | Hits: 99
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....ff has failed to establish that the High School was admitting girl students in violation of the law, rules or regulations. The trial Court also held that the plaintiff has no arguable case and the balance of convenience and inconvenience is not in favour of the plaintiff and that the plaint...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 216
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
.... was renumbered as Money Suit No. 7 of 1981. On 12.3.81 the appellants filed a petition admitting the claim of the Bank minus Tk. 15,000/- which was already paid and prayed for instalments for "the balance amount of the claim". On 13.3.81 the suit was decreed on admission and the decree was draw......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......dering the question of service of summons in the second suit. The two Courts below and the High Court Division were oblivious of it. 14. Mr. Rafique-ul Huq has drawn our attention to the order sheet of the learned Subordinate Judge after registering Title Suit No. 589 of 1980. Order nos. 4-7 ..Category: Procedural Law | Date: | Hits: 116
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