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Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
.... legal regard. Thus the law of Contempt has been described in the case of Aziza Khatun vs. State reported in 19 DLR 354 as under: "The law of contempt is a device to restore the balance in the scales of justice, when upset, by unauthorised interference with processes of law a......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
....Exchange dated 16-6-99, which is Annexure A(2) of the writ petition, made on the basis of the same very FDR No.0003552/2344 dated 27-8-87 stating that Taka 3,45,000 was the principal amount and the balance amount of Taka 13,03,758 became due as interest and compensation; so unless and until the ...... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ..Category: Banking Law | Date: | Hits: 101
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
.... granting interim orders which practically give the principle relief sought in the petition for no better reason than that a prima facie case has been made out, without being concerned about the balance of convenience, the public interest and a host of other considerations". ......petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ..Category: Banking Law | Date: | Hits: 121
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ......pe PW 1 lodged First Information Report on the basis of which Hobigonj PS Case No. 29 dated 22-4-1997 was started against the petitioner and others and the police after investigation submitted charge-sheet on 29-10-1997. 3. The case thereupon being sent for trial, the learned Sessions Judge fram..Category: Criminal Law | Date: | Hits: 47
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 561A Since the First Information Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, there is no reason for quashing the proceeding………………(6) Law..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......mation, Md. Liton went to the Sadar Hospital and found his brother Tutul dead and then lodged first information report with the local police station. Police investigated the case and submitted charge-sheet against the two accused-respondents and others. The case being sent for trial the learned Sess..Category: Criminal Law | Date: | Hits: 67
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......ormation report that death was caused to informant's sister by strangulation after torturing her for dowry. 5. The investigating agency on completion of investigation submitted charge sheet under sections 10(1) and 14 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (the Ai..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......c performance of contract the dispute between the vendor and the vendee is decided, and it does not exclude the property from being an abandoned property. Further, the appellant could not produce the sheet anchor of his claim i.e. the bainapatra, and "it is a mystery how the original succession cert..Category: Property Law | Date: | Hits: 108
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......al Code. In the meantime, an inquiry took place by the Upazila Nirbahi Officer on the allegation of firing made by the police personnel. Be that as it may, police after investigation submitted charge-sheet No. 48 dated 4-6-1994 under section 302 and other sections of the Penal Code against the two a..Category: Criminal Law | Date: | Hits: 78
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......er and three other Sale‑deeds containing admitted/standard LTI's of the purported executants from the Court of Assistant Sessions Judge and the Additional District Magistrate. The order‑sheet of the Assistant Sessions Judge shows that specimen LTI's of the purported executants from th..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....vision will be subordinate to the other. In interpreting these various provisions of the Constitution, the construction of one part will throw light on the other part and the construction must hold a balance between all the parts of the Constitution and one part of the Constitution must be complemen...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ...... In order to show that they were fake the prosecution was required to prove that there was no such suit or execution case out of which the said sale certificates were issued. Ext. 5, an information sheet issued from the District Judge's record room containing the information that as per index no..Category: Criminal Law | Date: | Hits: 61
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......the Informant, lodged first information report on the following morning at about 7‑30 AM whereupon the Police moved into action, investigated the case and. thereafter submitted a charge‑sheet against all the 12 accused as mentioned above. In due course, they were placed on trial befor..Category: Criminal Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......on the other hand, as examined that after two Preliminary enquiries, a thorough enquiry was held by a Committee of Enquiry, that the allegations were submitted to him in the form of a Charge‑sheet dated 16.11.87 (Annexure‑G), that he gave reply to each of the allegations, that he gav..Category: Employment/Service Law | Date: | Hits: 67
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....r bag of two maunds. The full value of 100.00 per bag of two maunds was not credited to the plaintiffs account in the Bank. The plaintiff, therefore, claimed in the suit Tk. 12,24,800'00 being the balance of sale proceeds of 2,308 metric tons of salt @ Tk. 100.00 per bag less the amount credited......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....,000.00 executed a deed of agreement Ext.1 on 7.9.56 and it was registered on 9.9.56. It was agreed that the sale deed would be executed within a year after obtaining permission and on receipt of the balance of the consideration money and that possession of the property would be made over thereafter......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......ision being not in accordance with the mandate of section 497 of the Code of Criminal Procedure the refusal of bail was illegal and not in accordance with law. At the time of granting leave, chargesheet was not submitted in the case. It appears that charge sheet has been filed in this case on 24...Category: Anti-Corruption Laws | Date: | Hits: 92
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......icidal in nature. 8. PW 13 Abdul Kader Khan, CI took up the investigation of the case and examined all the witnesses and on his transfer PW 14 ATM Shamsul Alam, SI submitted the charge‑sheet. 9. The prosecution examined 15 witnesses at the trial in which all the 3 accused pers..Category: Criminal Law | Date: | Hits: 61
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ...... about 8 November, 1981, regular proceedings were drawn against them. Appellant, No. 1 was suspended on 12 November, 1981 and Appellate No 2 was suspended on 26 December, 1981. Formal charge‑ sheet was submitted against them on 26th April, 1982 under the Government Servants (Discipline and ..Category: Employment/Service Law | Date: | Hits: 68
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ...... prima facie case and the embargo as to granting of bail under section 497 Cr.P.C. was attracted. He also submitted that although more than 6 months had passed since the lodging of the FIR no chargesheet was submitted and that in similar other matters involving similar offences, the High Court D..Category: Constitutional Law | Date: | Hits: 150
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