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Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......a seizure list and First Information Report was lodged by aforesaid P.W.2 on the basis of which Feni P.S. Case No. 20 dated 20.03.1998 was started and the case being investigated charge sheet was submitted on 17.07.1998 under Section 19(a) of the Arms Act read with Section 26 of the ..Category: Criminal Law | Date: | Hits: 45
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... to the house of the informant and found the dead body lying on the courtyard of the house and prepared inquest report, seized alamats, blood and then after examining the witnesses submitted charge sheet under sections 1477 1487 1497 3237 324/ 326/ 302/ 427/ 34 of the Penal Code against the ..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ...... brother took both the injured to Khulna Sadar Hospital and thereafter, at 9.00 a.m the informant lodged the first information report. 4. The police upon investigation submitted charge sheet against the accused petitioners and other s under section 302/149 Penal Code. These appellant..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ed 13-03-1991 was started. During investigation, the convict appellant was arrested, who made a judicial confession recorded under Section 164 of the Code of Criminal Procedure. Thereafter, charge sheet was submitted on 31-07-1991 against accused. The case was then sent for trial. 3. The ..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......e above articles were seized in presence of the witnesses. The informant then lodged Bogra Police Station Case No. 10(2)96 dated 5.2.1996 and the police, after investigation, submitted charge sheet against the accused-petitioner and another under section 25(B)(2) of the Special Power Act an..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......ith the local police station on the basis of which Kotwali P.S Case No. 3 dated 07.02.1984 was started against the accused petitioners and others. Police investigated the case and submitted charge sheet No. 13 dated 09.04.1994 against the accused petitioners and others under Sections 302/34 and ..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......currence and Romeza was at first taken to the local hospital and then to the hospital at Khulna. Subsequently on 2.12.1989 at 8 P. M. P. W.1 lodged FIR. After investigation police submitted charge-sheet against the accused respondent and another. 3. The defence of the accused respon..Category: Criminal Law | Date: | Hits: 29
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ...... filed Writ Petition No. 3773 of 1999 stating, inter alia, that they and other business firms previously imported Hard Boards of size 8'x4' x 2.5' mm declaring invoice value of those @ USS 2.10 per sheet and there being no fixed tariff value on Hard Boards of the above size, the customs authority..Category: Fiscal/Taxation Law | Date: | Hits: 95
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... of the rule 8 plus at the interest of 8% that would accrue over a 2 period of 10 years on 2/3rd of assessed value and at least 1/3rd of the amount shall be payable of the first installment and the balance would be paid in equal amount installments over a period of 10 years. 10. It is nobo...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 41
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....intaining status quo is illegal and the High Court Division committed error in support in not considering this vital ground and that the High Court Division erred in law in failing to find that the balance of convenience and inconvenience is in favour of the petitioner and thus committed error in......ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......the spot from the place of occurrence with unauthorised arms in their possession and another case under Arms Act was started and that the present case being investigated the police submitted charge sheet against the accused petitioner and others and that the petitioner being a sitting chairman o..Category: Criminal Law | Date: | Hits: 47
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......vision in Criminal Revision No. 546 of 2003 summarily rejecting the application filed under section 435 read with section 439 of the Code of Criminal Procedure. 2. The petitioner was charge sheeted in a case under section 302/34 of the Penal Code now pending in the court of the Chief Metr..Category: Criminal Law | Date: | Hits: 102
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......y, submitted final report (true) in respect of the Ejahar filed by Nasiruddin Jamal and suo motu 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: 129
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ...... the respondent, proprietor of 'Omar and Sons' Bazar Road. Barisal over the contract business of Barisal Central Jail. 3. The police on completion of investigation submitted charge sheet under section 302/34 of the Penal Code against 5 accused persons including the respondent. Th..Category: Criminal Law | Date: | Hits: 41
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......ntrusted him with the responsibility of holding investigation subsequently. He completed the investigation work and thereafter, on obtaining sanctions orders of the Government, submitted charge sheet on 3-10-1990 against the accused person under section 409 of the Penal Code and under section ..Category: Anti-Corruption Laws | Date: | Hits: 90
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......isclosed name of the six other dacoits including Abdus Salam Mollah. Over the said incident information was lodged with the police station at Modhukhali. 10. On completion of investigation, charge sheet was submitted against 8 (eight) accused persons. In due course the records were received by th..Category: Criminal Law | Date: | Hits: 63
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
.... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ...... of 1947), Section 5(2) Without producing the order of sanction of the government permitting to prosecute a government official and putting the order into evidence simply a statement in the charge sheet that some sort of sanction was received it can not be said that the alleged sanction order is ..Category: Anti-Corruption Laws | Date: | Hits: 125
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......nd vested in the Government vide Gazette Notification No. DA-72/71/355,dated 25.6.73. From the office record of the office of Additional Deputy Commissioner (Land Acquisition) it appears vide order sheet at page 20 dated 30.12.60 that the notice under section 5(1 a) and 5(3) was issued to the plai..Category: Property Law | Date: | Hits: 38
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....ent March 12, 1989. Result: The appeal is dismissed. The State Acquisition and Tenancy Act (XXVIII of 1951), section 96(3)(b) The pre-emptor respondent prayed for leave to deposit the balance consideration money with statutory compensation which the appellants opposed and such conduc......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
...." and then proceeded mainly on the question that "when the opposite party has invested a good amount of money and the School authorities have utilised part of the same, we are of the opinion that the balance of convenience and inconveniences are in favour of the opposite parties." In this view of th......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
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