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Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ...... Respondent had agreed to waive his claim provided he gets his hut No.2 without any evidence and without any basis for finding such waiver." 14. From a consideration of the order sheet of the case and the other petitions on record it appears that on 20th September, 1961 the pla..Category: Property Law | Date: | Hits: 59
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......th other accused persons already committed. 2. The facts of the case are, that upon an information lodged by opposite party No. 2 Amatu Md., Police investigated the case and submitted charge-sheet on 15.1.67 against twenty-five accused persons including the petitioner under sections 148/1..Category: Criminal Law | Date: | Hits: 82
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......Rahman, Officer in-Charge of Gaibandha Police Station lodged a First Information Report on 12.10.65 and took up the investigation of the case. After completing the investigation he submitted charge sheet against the accused appellant. A Magistrate of the First Class held preliminary inquiry and ..Category: Criminal Law | Date: | Hits: 124
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
.... the well-settled principles for the grant or refusal of temporary injunctions in accordance with law, which are, firstly, whether the plaintiff has a prima facie good case, secondly, whether the balance of convenience lies in favour of the grant of the injunction and, thirdly, whether the pla......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ..Category: Civil Law | Date: | Hits: 100
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....orked out to this figure. Mr. Khondker, submitted that in any case, if the award is not available to the plaintiff, he would be entitled to the larger sum and he was always entitled to give up the balance from this amount and ask for a reduced sura, as mentioned in his plaint and as stipulated e......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......ent in her statements on oath. The reason for such omission on her part on this vital point, however, appears to be that the matter was disposed of ex parte in a hurry as is evident from the order sheet and Parul Bala was examined in a slipshod manner just as a legal formality. In the circumstan..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ...... investigation and report treating this petition of complaint as FIR by an order dated 7.6.66 passed on the body of the petitioner. Thereafter the police investigated the case and submitted charge sheet against the appellant and two others. 3. Meanwhile, on 7th September, 1966 at 00-30 ho..Category: Criminal Law | Date: | Hits: 59
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....ount in Court within two months from the date of this order. If any amount already deposited by the respondent Corporation in the Court of the Commissioner, Workman's Compensation, Dacca, then the balance of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. ......e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 118
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ...... a dao. 3. The accused created a havoc in the locality. PW 1 Abdun Noor lodged a First Information Report on the above allegations. The local police investigated into the case and submitted charge-sheet against the accused. After a preliminary enquiry by a competent Magistrate the accused was com..Category: Criminal Law | Date: | Hits: 81
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......ort PW 20 the officer-in-charge, suo motu drew up a first information report and started the present case. He held the "investigation and on completion of the investigation submitted a charge sheet against these 4 accused appellants under section 302 PPC. 5. A Magistrate 1st Class, ..Category: Criminal Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......734, Anwarullah. He also prepared a sketch map of the occurrence with a separate index, Exhibits 2 and 3 respectively. He examined witnesses and after completing, the investigation submitted charge sheet on the 1st March, 1968. He, however, could not secure the arrest of the accused as he was fo..Category: Criminal Law | Date: | Hits: 154
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......angail for disposal. 8. The appellant filed a Naraji petition against the final report and following an order for further investigation passed by the Special Tribunal, the police submitted charge sheet dated 10-2-98 against four accused persons including Abdus Salam under the aforesaid provision..Category: Criminal Law | Date: | Hits: 71
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......te then made a complaint before the learned Special Judge. A preliminary inquiry was held by an Officer of District Anti-Corruption Bureau and an FIR was lodged against the accused-petitioner, charge-sheet was submitted and before trial the petitioner was charged under the above sections. 4. The..Category: Anti-Corruption Laws | Date: | Hits: 73
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......leged. 5. The High Court Division upon a consideration of the relevant provision of law and facts of the case observed as follows: Thus from overall consideration of the mark sheet we find that petitioner failed to obtain 18 qualifying marks out of 25 marks earmarked for t..Category: Employment/Service Law | Date: | Hits: 63
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....oresaid account. On the following day PW1 went to the Bank to enquire whether the last night deposit had been correctly entered in the account and he found from the Bank ledger shortage of previous balance. He informed the matter to the Bank Manager and on receipt of the Bank statement it was det...... the same date without any knowledge of the said office of the District Inspector of Schools. 3. PW 4 AB Siddique, Inspector DAB Mymensingh after completing investigation submitted charge sheet on 16-11-82 against accused Minhazuddin under sections 4091468/47 1 of the Penal Code read wi..Category: Criminal Law | Date: | Hits: 59
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....-1-78. He became mentally disturbed because of family troubles and went on leave from 4-3-85. He was under treatment for 6/7 months and thereafter resumed duties. In 1988, he again lost his mental balance and the doctor upon examining him gave a report that he was suffering from mental disease a......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ..Category: Administrative Law | Date: | Hits: 148
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....sregard of the proved facts of the case. Lastly, leave was granted to consider that the apparent inconsistencies in the findings of fact in the impugned judgment show that there has been absence of balance in the whole judgment which needs re-consideration. Leave was granted as against responden......nsferred to the Court of Additional Sessions Judge for simultaneous trial. PW 19 Md Toyub Ali, successor investigating officer of the present case, on completion of investigation submitted charge- sheet against the accused persons. 8. The defence case is one of innocence, false implicat..Category: Criminal Law | Date: | Hits: 80
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....oksudur Rahman next submits that the inconvenience of the accused persons among whom there s a lady have not been taken into consideration. 9. This argument is also misconceived because on balance the inconvenience of the informant and his victim brother is much higher than that of the a......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Criminal Law | Date: | Hits: 63
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......uctions upon withdrawal from acquisition. 10. It appears from the admission of Nos. 1 and 2 in para 2 of their supplementary affidavit-in opposition, the order dated 30 November 1965 of the order-sheet respecting Annexure 2 series Annexures-F and G to the affidavit-in-reply of the appellant to t..Category: Property Law | Date: | Hits: 63
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......and murdered Rafiqul Islam on the informant’s refusal to pay illegal subscriptions in order to continue the construction of the market. 3. Police after investigation submitted charge sheet against others excluding these four accused-petitioners and submitted a final report in respe..Category: Criminal Law | Date: | Hits: 66
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