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Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)

.... of the property, i.e. first floor of the building, to the plaintiff. It was also the case of the plaintiff that on subsequent dates the defendant received further amount and thereupon there remained balance of Taka 25,000 out of the total consideration money and that in spite of repeated demands by......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...

Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106

Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)

.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......he money bag with the money. Thereafter the police took the convict‑petitioner to the thana where the first information report was lodged.  4. After investigation, police submitted charge‑sheet against the convict‑petitioner under section 4 of the Anti‑Terrorism Act, 1992 and accordi..

Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93

Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)

.... by the company. The further case of the company is, that the company is willing to pay the legal dues of the petitioners and they have already made some payment to them and the company will give the balance dues to the petitioners on settlement of accounts. 4. Since Mr. Shamsuddin Babul, the l......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......ion report, the Raipur police has registered a case, held inquest on the dead body, sent the dead body to the morgue and after investigation of the case having found prima facie case submitted charge-sheet against the condemned prisoner and final report in favour of the other inmates of the house. ..

Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164

Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)

....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice.  The petition is dismissed.  Ed. ...... were held to victimise the respondent. Subsequently a departmental proceeding was drawn up against the respondent bringing several charges at the instance of said Arun Kumar Sarker, ADG and a charge sheet drawn up on 6‑4‑1996 was sent to the respondent. The respondent submitted reply to..

Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....entence or sentence of imprisonment for life. 75. Imposition of proper and appropriate sentence is amalgam of many factors, such as nature of offence, circumstances mitigating and aggravating. A balance sheet of aggravating and mitigating circumstances has to be drawn up before subjecting a per......te investigation, recorded statements of eight (8) witnesses under section 161 of the Code. He inspected place of occurrence and on finding prima facie case against accused Anjuara Khatun laid charge-sheet under section 302 of the Penal Code. 22. D.W.1 Eakub Ali in his testimony testified that ..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)

.... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289.         ......occurrence, arrested the condemned­ prisoner, arranged for recording the confessional statement of the condemned-prisoner and after investigation, having found a prima facie case submitted charge-sheet against the condemned­ prisoner. The case record was eventually sent to the learned Sessio..

Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5

State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)

....tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.   Ed. ...... government. He submits that through inadvertence the copy of the order of President's Secretariat granting sanction has not been filed in the case, although the investigating officer in the charge‑sheet mentioned about the order of the Superintendent of Police, Tangail of his Memo No. 123 dated 1..

Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96

State Vs. Bahar Miah, 2004, 33 CLC (HCD)

....ay not for ends of justice direct a retrial ……………..But there is no question that the Court has undoubted right to direct a retrial where there has not been a trial in accordance with law. A balance has, however, to be struck and that is, what is called the exercise of judicial discretion i......ning the cause of death. The police after receipt of the post‑mortem report and on examining some witnesses, having found prima facie case against the condemned prisoner and others submitted charge-sheet under section 11 (ক) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000. The case record was ..

Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163

Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)

....dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......ersons who witnessed the incident lodged the first information report and thereupon Fulbaria PS Case No. 4 dated 16‑9‑1995 was registered. On completion of investigation Police submitted charge‑sheet against the condemned prisoner and another and thereupon they were put on trial. The condemned..

Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98

Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)

....7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ...... 5. We have heard the learned Counsel for the accused petitioner and the opposite party No.2 informant and the learned Assistant Attorney-­General and perused the first information report, charge-sheet in the form of final report including the judicial inquiry report and also the order dated 10â..

Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3

Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)

....ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ......ing the written Ejaher from the then Director General of the BARI registered the aforesaid case on 3‑9‑1998. On completion of investigation the investigating agency submitted charge‑sheet on 15‑9‑1998 under sections 143, 448, 342, 3 86, 3 80 and 427 of the Penal Code.&n..

Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108

Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)

.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......es of the High Court Division erred in law in misconstruing and misinterpreting the offer. of discount made by the writ‑respondent No.4 with respect to all the 4 (four) lots in their bid submission sheet as conditional offer and that it violated clause 14.4 of the Instruction to Bidders (ITB). Tha..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)

....ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ...... of the deceased, sent the same to the morgue for post mortem examination, examined witnesses under section 161 of the Code of Criminal Procedure and on completion of investigation submitted charge‑sheet in the case.  5. One Noor Alam, bodyguard of condemned‑prisoner Ershad Ali Sik..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......respondent was surprised to receive the aforesaid letter. In the mean time, by an order dated 27‑2‑1992, the plaintiff respondent was suspended with effect from 29‑2­1992. Thereafter, charge‑sheet was submitted with an intimation that an enquiry committee was formed and she was directed to ..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)

.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......n 11 February 2001 was not unjustified as the order of restoration has been passed by the High Court Division without considering the effect thereof.  9. It appears from the order‑sheet Annexure C of the High Court Division in Civil Revision No. 476 of 2001 dated 11 February 20..

Category: Property Law | Date: 7 Dec, 2003 | Hits: 139

Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)

....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......om time to time with the aid of others. The police forwarded him to the Court and the learned Magistrate remanded him to custody. The police after completion of investigation submitted charge‑sheet against him under sections 461 and 380 of the Penal Code. That on 1‑8‑1992 the re..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)

....he former Managing Director of the plaintiff Company. That the plaintiff has strong prima facie case against the fraud of the defendant Nos. 1 to 4 and approached the Court with clean hands and the balance of convenience and inconvenience is weighing in favour of the plaintiff and against the de......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order.  The petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783

Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)

....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......er and Babul helped accused Foran. The informant thereafter lodged ejahar and also took his daughter to Senbagh Health Complex for treatment. The police upon investigation submit­ted charge‑sheet under section 6(1)/14 of the Nari-o‑Shishu‑ Nirjatan (Bishesh Bidhan) Ain, 1995 ag..

Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107

Jashimuddin Vs. State, 2004, 33 CLC (AD)

....cted and sentenced.  6. We do not find any infirmity with the impugned judgment for our interference.  The petition is accordingly, dismissed.  Ed.   ...... his body they recovered one bomb and four bullets from his pocket. He also stated that they have committed dacoity in the market and others fled away.  3. Upon investigation charge‑sheet was submitted under section 19 (f) of the Arms Act and section 5 of the Explosive Substance Ac..

Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79