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Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)

....ns taken or to be taken by the parties including defendant No. 5. The appeal is accord­ingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......of the High Court Division having found substance in the contention deleted only those portions from the points referred to for local inspection. 4. It, however, appears from the copy of the order sheet of the trial court that the report of the Advocate Commissioner was already before the Court o..

Category: Procedural Law | Date: | Hits: 94

S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)

....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dis­missed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ...... of the Workshop and tooted away valuable ma­chinery parts worth Tk. 4,00,000/- and also took away cash of Tk. 50,000/- from the Office room. The police after investigating the case submitted Charge sheet against the accused-appellants who, on appear­ance before Court, were released on bail which ..

Category: Criminal Law | Date: | Hits: 39

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

.... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......ed them belatedly to P.W.13. As to Kabir Ahmed, who also rushed to the spot with them and saw the occurrence, he was not exam­ined to corroborate them, though he was cited as a witness in the Charge-sheet; no explanation was giv­en for his non-examination. Evidence of P.Ws. 7 and 10 is that having..

Category: Criminal Law | Date: | Hits: 52

Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)

....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ...... The State.........................Respondent Judgment March 5, 1989 The Criminal Law Amendment Act, 1958 (XL of 1958), section 6 The order of sanction was there along with the charge-sheet prior to beginning of the trial of the accused under the Criminal Law Amendment Act, 1958. Suc..

Category: Criminal Law | Date: | Hits: 41

Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)

....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......mation Report was lodged by the Appellant with the Bhandaria Police Station alleging that his son Harunur Rashid had been murdered by the accused Respondents along with some others on 23-7-71. Charge-sheet in this case was submitted after investigation on 8-2-73 against the accused Respondents and o..

Category: Criminal Law | Date: | Hits: 43

Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)

....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......man, Sub-Inspector of Police came to the place of occurrence and after holding inquest sent the dead body to Madaripur for post mortem examination. P.W.11 after holding investigation submitted charge sheet against the respondents. A pre­liminary enquiry was held by a Magistrate 1st class, who commi..

Category: Criminal Law | Date: | Hits: 39

Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)

...., although the pre-emptor are entitled to pre-empt other lands to which they have no contiguous land. On this finding the learned Judges dismissed the appeal and directed the pre-emptor to pay up the balance of consideration money with usual compensation within four weeks from the date of arrival of......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..

Category: Property Law | Date: | Hits: 32

Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)

....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......mstances of the case the learned Judges were justified in quashing the proceedings in exercise of the inherent power under section 561A of the Code of Criminal Procedure at the stage when only charge sheet was submitted before the Sub-Divisional Magistrate, who is not competent to try this case unde..

Category: Criminal Law | Date: | Hits: 95

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ......cer till 1972, when he was trans­ferred to the Section of Planning and Development and Foreign Aid of the said Ministry. On 17-8-74 the Member Secretary of the Second Screening Board served a charge-sheet on the petitioner alleging, inter alia, that he had received furniture worth about Tk. 1,33,69..

Category: Employment/Service Law | Date: | Hits: 72

Enamul Huq and another Vs. State, 2006, 35 CLC (AD)

.... 16.  In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ......ksudur Rahman narrated the occurrence to them. P.W.1, paternal uncle of the deceased lodged the F.I.R. with Baufal Police Station. 3. Police on completion of investigation, submitted charge sheet against the accused persons. 4. At the trial the accused persons were charged under s..

Category: Criminal Law | Date: | Hits: 43

Jashimuddin & other Vs. State, 2006, 35 CLC (AD)

....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......at house. The accuseds kidnapped the victims and kept them in confinement for realization of ransom money from the informant party. 3. Police on completion of investigation submitted charge sheet under sections 13/14 of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995(shortly the Ai..

Category: Criminal Law | Date: | Hits: 36

M Sahabuddin Vs. State, 2006, 35 CLC (AD)

....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......while injured Jalil Munshi was rushed to the hospital where he had died subsequently. 3. Upon the said first information report, police investigated the case and thereafter, submitted charge-sheet on 8-12-2001 and the case was ready for trial and it was transferred to Divisional Druta Bic..

Category: Criminal Law | Date: | Hits: 34

Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)

....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......under section 164 of the Code of Criminal Procedure. The investigating agency arrested some other accused, seized alamats, examined witnesses. 4. After completion of the investigation charge-sheet has been submitted on 19-3-2005 against the accused AKM Abdul Quayum and 7 others under secti..

Category: Criminal Law | Date: | Hits: 43

Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)

....s and the principles of State policy. 42. In interpreting the various provisions of the Constitution the construction of one part shall throw light on the other part and the construction must hold balance among all the parts and that one part is complementary, and supplementary to the other. Ours......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..

Category: Constitutional Law | Date: | Hits: 221

State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)

....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ...... the said police station under sections 3, 4 and 6 of the Explosive Substances Act, 1908 and accordingly, Chatak Police Station Case No. 11 dated 26-3-1999 was started and the police submitted charge-sheet against the accused respondent and others under aforesaid provisions of law. The accused respo..

Category: Criminal Law | Date: | Hits: 184

Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)

.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... proceeding as provided in Regulation 43(8) of the Regulations. 9. On reading the provision of Regulation 43(8) of the regulations we are of the opinion that day on which show cause/charge sheet was communicated to a delinquent employee of an organisation, herein the appellant, the said ..

Category: Employment/Service Law | Date: | Hits: 92

Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)

....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... succumbed to the injuries on the following morning. Abdul Hamid Matbar, PW 1, brother of the deceased, lodged first information report with the local police station and after investigation charge-sheet was submitted against the accused Aynul Sheikh, the two appellants and other acquitted accuse..

Category: Criminal Law | Date: | Hits: 42

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

....y were agreed to be sold for a total consideration of Taka 91,00,000 on the stipulations contained in the said agreement dated 13-9-76. It was stipulated in the said agreement, inter alia, that the balance of the consideration would be paid by nine equal yearly instalments, whereafter proper doc......itioner is in possession of all that was delivered to it and has been carrying on the business, since then in its own name. It is also the case of the petitioner that the books of account, balance sheet, audit report of the company over years and all other official documents would show that the ..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

....which is alien to the basic structure of the Supreme Court of Bangladesh. 12. Mr. Syed Ishtiaq Ahmed, the learned coun­sel, submitted that the Constitution has built a structure which has its own balance, beauty and grace. He submitted that these double protective Constitutional provisions in Ar......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..

Category: Constitutional Law | Date: | Hits: 1934

Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)

.... High Court Division is set aside. Conviction and sentence of ac­cused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......Md. Khizir Ahmed (P.W.5) and Professor Harun-or-Rashid (P.W. 13) and many others came and saw and heard about the occurrence. 3. On the allegation police investigated the case and submitted charge-sheet. Prosecution exam­ined 16 witnesses and defence examined none. 4. Defence of the accused a..

Category: Criminal Law | Date: | Hits: 159