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Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ...... Mominul Huq was taken to Sadar Hospital, Jessore for treatment within half an hour of the occurrence and he had to stay there for more than one month. Following usual police investigation charge sheet was submitted on 30.8.80 and eventually 15 persons as aforesaid were put on trial. 18. As m..Category: Criminal Law | Date: | Hits: 61
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......tition No. 83 of 1985, the appellant, Abdul Hai, is Senior Executive of the Bangladesh Trading Corporation, briefly the Corporation, established under the President's Order No. 68 of 1972. A charge-sheet containing certain allegations of inefficiency, corruption and misconduct was communicated..Category: Employment/Service Law | Date: | Hits: 112
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......ion as to the procedure adopted by the Tribunal in recounting the votes intermittently by different presiding officers of the Tribunal for more than a year and to the use of the consolidated result sheet (order dated 31.12.84) and other notes (as in the order sheet) kept with the record by precedi..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....ount payable under sub-section (3) by any person, not being a Paurashava, shall be recoverable as a public demand." 25. Reading these sections 130-133 it becomes clear that system of check and balance has been built in by the law itself, inasmuch as, these local institutions arc the pillars......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ..Category: Election Law | Date: | Hits: 118
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......t was sent to the Upazila Magistrate, Bagharpara (P.W. 7) for recording his confession (Ext. 6) and after it was recorded he was sent to jail custody. P.W 1 investigated the case and submitted charge-sheet under Section 302/201 Penal Code' received by the Magistrate on 20.2.85. On the day the appell..Category: Criminal Law | Date: | Hits: 61
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ...... Cr.P.C., is well founded in law. 2. Facts necessary for disposal of this appeal are that on a first information report lodged on 9 May 1983 the police investigated the case and submitted charge-sheet on 16 June 1983, under sections 302/34 of the Penal Code, against accused respondent and four ..Category: Criminal Law | Date: | Hits: 60
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
....referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ......for the petitioners, contends that this period of 53 days during which the trial Judge held the charge of the District and Sessions Judge should be included as his working days as well. But the Order-sheet of the trial Judge shows that as he was in-charge of the District and Sessions Judge on the da..Category: Criminal Law | Date: | Hits: 52
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......zur Rahman was admitted in the Rangpur Medical College Hospital for treatment where he died after fourteen clays on 18.8.79. Police on being informed by P.W.1, held investigation and submitted charge sheet under the aforesaid section. 3. At the trial 11 witnesses were examined in support of the p..Category: Criminal Law | Date: | Hits: 52
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....act that in part performance of the contract the appellant took the possession of the suit land and the contract was finally concluded by registration of the sale deed by the vendor on receipt of the balance consideration money. 9. Mr.Md. Nurul Huq, learned Counsel appearing for the plaintiff-res......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......nal for trial because no information (FIR) could be given to the police due to unlawful pressure or intimidation by political elements or because no proper investigation could be held or charge-sheet submitted clue to extraneous reasons. The Commission of Inquiry shall complete its inquir..Category: Criminal Law | Date: | Hits: 46
.... of injunction. The learned Single Judge expressed doubt about the maintainability of the suit; and as to temporary injunction, observed that no prima facie case for injunction was made out, that the balance of convenience lay in favour of the defendant Corporation, that adequate monetary compensati...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
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Category: Business or Commercial Law | Date: | Hits: 95
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......4.3.68. The same was treated as F.I.R. and a case was registered. P.W. 17 Sultan Mahmud, Second Officer, Paba P.S. was asked to investigate the case who upon completing investigation submitted charge sheet. The investigating Officer upon receipt of an information from Jamshed’s brother Saimuddin i..Category: Criminal Law | Date: | Hits: 55
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......s to the procedure adopted by the Tribunal in recounting the votes intermittently by different presiding officers of the Tribunal for more than a year and to the use of the consolidated result sheet (order dated 31. 12. 84) and other notes (as in the order sheet) kept with the record by..Category: Election Law | Date: | Hits: 110
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
.... or plot number, or the area of the suit land, nor he could give the year of his purchase; that he could not say when he went into possession of the suit land; that he admitted that he had no bank balance and cash money and he had no paper to show the payment of Rs. 4,000/-to the defendants exce......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......produced before a Magistrate on 30.6.76. Lalu was remanded to the police custody and on 5.7.76 also made a confessional statement before a Magistrate. Police after investigation submitted a charge-sheet under section 303 and Kabir was charged under sections 201 and 302 B.P.C. The prosecution ex..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....from 1389 to 1394 B.S. The excess amount of Tk. 12,000/00 already deposited by you for the year 1389 B.S, is adjusted towards the rent of 1390 B.S. You are, therefore, requested to deposit the balance amount of Tk. 96.000,00 being the rent of 1390 B.S. immediately." This rent was paid on......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....dred) only. The total price of the 2 (two) coasters is Tk. 95, 75,000/-. Out of this amount BSRS will pay Tk. 70, 00, 000/- only by establishment of an irrevocable letter of credit and the balance Tk. 25.75, 000/-only will be paid by them through a crossed cheque on a scheduled ban......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ...... following evening, at Magreb prayer time, she was taken to the house of Dabiruddin where she was paid Tk. 200/- as earnest money and she was requested to give her left thumb-impressions on a blank sheet of paper which was intended to be the required bainapatra. Accordingly, she put her L.T.I, o..Category: Property Law | Date: | Hits: 86
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......tered the same after filling up the F.I.R. form on the same date. 5. P.W. 7 Abdul Wahab Khan held inquest on the dead body of Idris Miah After completion of investigation police submitted charge sheet against the accused persons under sections 302/34 and 449/34 of the Penal Code. The accused we..Category: Criminal Law | Date: | Hits: 56
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......eir village home and in consequence of the assault Nurul Islam, husband of the appellant died. First information report was lodged on the same day. The police after investigation submitted charge-sheet under section 302/34 of the Penal Code and it was numbered as S.T. Case No. 232 of 1983, 3..Category: Criminal Law | Date: | Hits: 38
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