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Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)
....he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ......al Sessions Judge, Chittagong for trial. The accused petitioners filed and application under Section 265C of the Code of Criminal Procedure on 03.09.2006 fixed for framing of charge after going on bail and prayed for discharging them on the grounds that there is no materials on record for framin..Category: Criminal Law | Date: | Hits: 31
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....w believed the case of the plaintiff and after elaborate discussion and assigning cogent reasonings arrived at certain findings and the High Court Division under revisional jurisdiction had no scope to interfere with it. The learned Counsel further submitted that the interference is not warr...... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......of the contention of the appellants, as it appears to me, is that the writ petitioner being an accused of alleged cognizable offence having of his own had not appeared before the Court and obtained bail prior to the filing of the writ petition he was a fugitive from the law, or a person who has ..Category: Anti-Corruption Laws | Date: | Hits: 139
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....lease granting order, the petitioners are bound to abide by any amendment of the provisions of Act 1992 as well as Rules 1968 and further according to the Notification dated 13.05.2005 there is no scope of renewal of lease without the recommendation of the District Committee and in the pres......llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ..Category: Others | Date: | Hits: 101
Rafique Fakir and others Vs. State and others, 2005, 34 CLC (AD)
.... we find substance in the submission of the learned Advocate-on-Record. Accordingly, these appeals are allowed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 239. ......e took Cognizance under sections 466/468/471 of the Penal Code and issued warrant of arrest against the appellants. Thereafter the appellants surrendered before the Magistrate and were enlarged on bail. The appellants then moved the High Court Division in Criminal Revision No.724 of 1997 under s..Category: Criminal Law | Date: | Hits: 45
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....1997 the post of Personal Officer (P.O.) was made Class-II Gazetted post and their pay scale was fixed at Tk. 1725-3725/- on condition that the designation, responsibility, facility, scale of pay, scope of work and status shall remain unchanged/unaltered; by notification dated 1.6.1999 the scale......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ..Category: Employment/Service Law | Date: | Hits: 104
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
....that they have already been promoted to the post of Senior Scale, the appellants has sought to avail the right of equal opportunity for employment in the service of the Republic by extending the scope for relaxation to them as has been done in respect of other 8 Cadres. 14. It is to be...... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ..Category: Employment/Service Law | Date: | Hits: 133
M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)
....cancelled the agreement for sale and as such the petitioner filed a petition before the Executing Court. But it has been rejected by the court on 08.06.2002 observing, inter alia, that there is no scope for private negotiation in mortgage execution case. 4. Challenging the aforesaid order......ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ..Category: Banking Law | Date: | Hits: 90
Kazi Ali Akber Vs. Md. Hafizuddin Ahmed and others, 2008, 37 CLC (AD)
....e Exhibit 'Jha' further both the courts of facts below having found fault with the alleged licence of the petitioner, Ext.7, giving cogent reasons therefore and those are not perverse, there is no scope for the High Court Division to interfere with those. 5. Further in the case of Raisuddi...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 793. ..Category: Civil Law | Date: | Hits: 81
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....e Premises Rent Control Act requires that the tenant must pay the monthly rent in terms of Section 18 within the pre-scribed period to get protection from eviction and not otherwise. In any view, the scope of the scrutiny under Section 25 of the Small Causes Courts Act is much wider and the revision......of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789...Category: Tenancy Law | Date: | Hits: 151
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....r drawing up a lawful legal proceeding of contempt against the petitioners. He further submits that the learned Judges of the High Court Division had totally misconceived and misconstrued the scope of their authority under Article 102 of the Constitution of the People's Republic of Banglade......ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ..Category: Civil Law | Date: | Hits: 102
Humayun Majid Vhora Vs. Q.S.M. Jahanzeb & others, 2008, 37 CLC (AD)
....t Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 716. ......jheel Police Station being P.S. Case No. 87 dated 20.04.2005 under section 420/406/408 of the Penal Code. The accused petitioners surrendered voluntarily before the Court and obtained anticipatory bail. Thereafter, they moved the High Court Division under section 561A of the Code of Criminal Pro..Category: Criminal Law | Date: | Hits: 49
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....17 of the Anti-Corruption Commission Rules, 2007 the same is illegal and without lawful authority; that Form 5 of the Schedule of the Rules is ultra vires of section 26 of the said Act as there is no scope of “w¯’i wek¦vm” under section 26, the appellant No.1 was required to form satisfactio...... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ..Category: Anti-Corruption Laws | Date: | Hits: 144
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....operty is acquired under the Act and consequent thereupon vests in the Government, is not entitled to claim any interest in the land so acquired. In that view of the matter there was no scope for the plaintiffs, who have no interest of any kind in the land in suit, to seek for a decla......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ..Category: Property Law | Date: | Hits: 25
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....ch an amount as claimed in the suit but in the suit in hand the provisions of sub-section (6) of section 12 of Ain 2003 are not applicable as the instant suit being filed on 4-11-1999 there was no scope for compliance with the provisions of sub-section (3) of the section 12 of the Ain, 2003 whic......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ..Category: Civil Law | Date: | Hits: 103
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......being Mirpur P.S. Case No. 6 dated 26.11.1996. The case being investigated charge sheet was submitted against the accused petitioner accordingly. During trial the accused petitioner was released on bail, but he absconded. Be that as it may, prosecution produced five witnesses while none was exami..Category: Criminal Law | Date: | Hits: 24
Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....urt Division erred in law in not considering that in Ext.Ga the value of the mortgaged property was shown at Tk. 33, 50,000/- whereas the loan amount was to the tune of Tk.20,90,804/- and that the scope of section 152 CPC is wide enough to cover such a case of non consideration of the above Ext.......on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ..Category: Civil Law | Date: | Hits: 91
Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
....e in possession and locally influential defendants having threatened the plaintiffs with forcible dispossession; the order for local investigation at the instance of the defendants may create some scope for them in these days of unrest and uncontrolled law and order situation to fish in the trou......ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ..Category: Property Law | Date: | Hits: 26
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......419/420/467/468/471/109 and under section 5(2) of the Prevention of Corruption Act, 1947 took cognizance by the order No.20 dated 17.10.1999. 3. The accused petitioner was subsequently enlarged on bail and on 7.5.2000 he filed an application under section 241A of the Code of Criminal Procedure be..Category: Anti-Corruption Laws | Date: | Hits: 88
Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)
.... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ...... against the State and planning of sabotage activities. Police Officer of the Detective Branch (DB) further disclosed that the detenu is involved in M-16 Rifle case and having obtained anticipatory bail from the High Court Division, could not be arrested in connection with the said case and henc..Category: Criminal Law | Date: | Hits: 109