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Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....ect. It was also contended before the High Court Division that because of the provision of Article 4 of the President's Order No.12 of 1972, hereinafter referred to as the Order, there is no scope to mitigate the provision of said section upon making reference to the preamble of the Order.......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ..Category: Property Law | Date: | Hits: 48
Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)
.... in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 355. ...... (ga) of Nari-O-Shishu Nirjatan Daman (Amendment) Ain, 2003 and against accused-appellant, Abul Kalam under Section 11(ga)/30 of the aforesaid Ain. 3. The accused-petitioner after obtaining bail from this Court appeared before the Tribunal and then filed Miscellaneous Case No.7711 of 2004..Category: Criminal Law | Date: | Hits: 31
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
.... Appeal No. 166 of 1970 as per order of the Court of appeal below be reheard." 12. Leave was granted to consider the contentions that the High Court Division failed to consider the scope of the review petition in the light of the provision of review provided in the Code of Civil......ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ..Category: Property Law | Date: | Hits: 34
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
.... for examination of parties or their witnesses. Rule 18(2) provides that if the parties do not appear the Commissioner may proceed in their business. The entire law is thus codified and there is no scope for introducing any new rule of procedure on a supposed principle of natural justice. With r......ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ..Category: Property Law | Date: | Hits: 23
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
.... and on a plain reading it appears that in the (Text in Bangla- “Paridarshan”) clause, the powers vested upon the person concerned are not in accordance with law. He next contends that there is a scope for arbitrary exercise of the power and there having no provisions for defending the affecte......h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ..Category: Environmental Law | Date: | Hits: 517
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....orum where the suit is brought to resolve the dispute, and hence the application of Artha Rin Adalat Act, 1990 was completely excluded in this instance and the learned respondent No.1 Court had no scope in resorting to the provisions of Artha Rin Adalat Act, 1990 to hold that it had jurisdiction......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..Category: Civil Law | Date: | Hits: 96
Alaluddin Vs. State, 1999, 28 CLC (AD)
....ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ......ip;……….Respondent Judgment May 30, 1999. The Code of Criminal Procedure, 1898 (V of 1898) Section 498 In case of appeal against a short period of sentence bail should be ordinarily granted in the exercise of a proper discretion…….(4) ..Category: Criminal Law | Date: | Hits: 50
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....udgment and order dated 09.12.1991. 3. Leave to appeal from the said judgment was granted on 30 April, 1992 to consider whether in the majority judgment the established principles of law as to the scope of judicial review of a detention order and evaluation of the grounds of detention have been g......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ..Category: Procedural Law | Date: | Hits: 107
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....rt partly decreed the suit but the Court of appellate below on consideration of the material on record decreed the suit in full duly affirmed by the High Court Division holding that "the scope of Section 115(1) of the Code of Civil Procedure is now well settled. Considered pronoun......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ..Category: Property Law | Date: | Hits: 26
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
.... ignoring the provision of section 79 of the Evidence Act and that the findings of the High Court Division as well as the lower appellate Court on those three registered deeds were beyond the scope of the pre-emption case and onus was wrongly placed on the pre-emptee appellant. 6. Th......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ..Category: Property Law | Date: | Hits: 21
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....claration to the above effect, omits to do so by way of consequential relief. Whether any other prayer by way of consequential relief is required to be made is determined with reference to the scope of the plaint i.e. the allegations made in the plaint and not with reference to the allega&s......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ..Category: Property Law | Date: | Hits: 35
Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)
....nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ......t and order of conviction Criminal Appeal No. 4561 of 2003 has been preferred before; the High Court Division and during pendency of the appeal the respondent Md. Alauddin filed an application for bail and he was fugitive from trial for many days during the trial but still was allowed bail by th..Category: Criminal Law | Date: | Hits: 36
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....ourt Division has committed no error of law of fact in considering the evidence of the P.W.s and D.W.s while making the Rule absolute, He further submits that the High Court Division considered the scope of the suit for specific performance of contract and lawfully reverse of the learned Subordi......th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ..Category: Property Law | Date: | Hits: 30
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....6C include every transfer excepting a bequest or a sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act, 1913. An oral gift comes within the ambit and scope of every transfer" mentioned in the section. After the enactment of the State Acquisition and ......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ..Category: Property Law | Date: | Hits: 37
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......ision for conclusion of trial of a case within 360 days by the Sessions Judge and if the trial cannot be concluded within the specified time the accused in the case, if he is accused of a non-bailable offence may be released on bail to the satisfaction of the court, unless for reasons to be..Category: Criminal Law | Date: | Hits: 96
Md. Mainul Islam @ Md. Mainul Islam @ Moinul alias Suja and others Vs. State, 2006, 35 CLC (AD)
....h view of the matter we do not find any substance in this petition. 11. The petition is accordingly dismissed. Ed This Case is also Reported in: IV ADC (2007) 803. ......nul alias Suja and seven other convict petitioners seek leave to appeal against order dated 30.03.2006 passed by the High Court Division in Criminal Appeal No. 2053 of 2005 rejecting the prayer for bail. 2. One Rafiza Bibi on 17.08.1999 lodged a First Information Report with Kotwali Police..Category: Criminal Law | Date: | Hits: 44
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
.... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ...... in obtaining the job. 2. The Respondent appeared before the Court of the Chief Metropolitan Magistrate, Dhaka and obtained bail on September 6, 1993. Thereafter he moved the High Court Division by filing an application un..Category: Criminal Law | Date: | Hits: 48
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....rd case allowing two kathas of land to plaintiff and it was not denied by the defendant that the plaintiff and defendant No.1 are not living in the homestead on R.S. Plot No.712 and so there was no scope for the High Court Division to decide the claim of the parties suo moto. 6. Mr.Md. Aft......he above, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ..Category: Property Law | Date: | Hits: 30
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
....nquiry to be made by the commission into the affairs of the issuer of a listed security from amongst a group of companies similarly situated and holding similar status, there invariably exists the scope for arbitrary exercise of such discretion on the basis of pick and choose and as such the pro...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ..Category: Criminal Law | Date: | Hits: 36
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....ndent No.4 in the above plot and having given him the permission to transfer the above plot in favour of the petitioner and then RAJUK also having mutated the name of this petitioner, there was no scope at all for the petitioner to know that the above plot was an abandoned property; the act......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ..Category: Property Law | Date: | Hits: 41
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