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Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)

....session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117.......session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117.......the respondent No.3 was the claimant of the disputed Holding No.58/1-A Purana Paltan and the respondent No.4 was the claimant of Holding Nos.59 and 59/1, Purana Paltan, and both of them were bent on creating serious breach of peace at any moment and so the said Holding No.58/1-A. Purana Paltan be at..

Category: Criminal Law | Date: | Hits: 62

Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)

.... Zahirul Islam, the learned advocate for the accused petitioner, has referred to the petition of complaint in order to show that the allegation made therein, even if admitted, does not constitute any criminal offence either of cheating or of criminal breach of trust. Mr. Zahirul Islam submits that a......istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......ity to solve the problem who (Mr. Maksud Miah) to settle the dispute called both the parties on 01.3.2004 and both the parties signed on a stamp of Taka 10/- giving him the power as an arbitrator. Thereafter said arbitrator Mr. Maksud Miah on 15.3.2004 asked the complainant and the petitioner to app..

Category: Criminal Law | Date: | Hits: 93

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

.... given to it by the people either to become partisan or adversary to the people or any section or group thereof. Government is thus debarred from taking any partisan or adversary roll in any civil or criminal proceeding against any individual or section of people. It is to be recalled that the conce......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......ng appointment of Judges and that has not been denied by the Government by filing any counter affidavit. It is true that there has been unbroken and continuous convention of consultation excepting a breach in 1994 which was subsequently cured by consulting the Chief Justice and by issuing a fresh le..

Category: Constitutional Law | Date: | Hits: 251

Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)

....he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......plaintiff on 16.04.1998 by a registered kabala No.3727 dated 16.04.1998 and put the plaintiff in possession of the suit land. The defendant No.1 who is a brother-in-law of aforesaid Monoza Khaton, created a forged deed on 15.03.1998 and forcibly snatched pillars standing on the boundary of the s..

Category: Property Law | Date: | Hits: 29

Special Reference No.1 of 2009, 38 CLC (AD)

....ons at Headquarters, Peelkhana, Dhaka and outside Dhaka: a. Mutiny; b. Murder and attempt to murder; c. Voluntarily causing hurt and grievous hurt by dangerous weapons or means; d. Using criminal force to deter public servant from discharge of his duty; e. Wrongful confinement of the......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......and magnitude was committed on 25.2.2009 and 26.2.2009. Subsequently the offence of mutiny was also committed in 40 different BDR establishments around the country. In course of the said occurrence spreading over two days above BDR mutineers in the Peelkhana killed in all 73 persons, of them 57 were..

Category: Constitutional Law | Date: | Hits: 289

Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)

....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......ol, when 4/5 ter­rorists appeared at the door of the room where the meeting was being held. They then pushed the persons standing out­side into the room and the door was locked from the outside. Thereafter, accused Bahar, Marzu, Zakir, Ibrahim, Siraj and 7/8 others came and took their position out..

Category: Criminal Law | Date: | Hits: 60

State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)

....onings given by the High Court Division for discard the confessional statement of Raju connecting the other appellants in committing the crime is not based on sound principles of law recognized by criminal jurisprudence, the High Court Division thus erred in law allowing the appeals of the said ......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......about 8 p.m. the victim was in the hotel when one Tushar came in the hotel. The victim told Tushar to sit in the hotel saying that he would go with Raju for half an hour. 5. The victim, thereafter, left hotel with Raju with his motorbike. At the time of occurrence, the informant was at Ra..

Category: Criminal Law | Date: | Hits: 53

Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)

....e No.100/ 84-85 under Section  150 of the State acquisition and Tenancy  Act and that the plaintiff got himself added as a party in the said proceeding and thereafter the plaintiff filed a criminal case asserting that the aforesaid gift deed is a forged document, being Complaint Case No...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......naklata filed  review case No.100/ 84-85 under Section  150 of the State acquisition and Tenancy  Act and that the plaintiff got himself added as a party in the said proceeding and thereafter the plaintiff filed a criminal case asserting that the aforesaid gift deed is a forged docu..

Category: Property Law | Date: | Hits: 54

Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)

....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ...... scheme. It was also the case of the RAJUK that Government after re-examining the scheme and considering the housing problem in the Dhaka city directed the DIT (now RAJUK) not to release any land already requisitioned and the Deputy Commissioner was directed not to accept any return of money fro..

Category: Property Law | Date: | Hits: 41

State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)

....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......e eldest daughter of the deceased Abdul Halim, Chairman, Asma Akhtar Lipi, rebuked them over the said incident followed by an altercation between those two little boys and Lipi. Mizan and Faruque, thereafter, went to their respective homes and informed the incident to their relatives. Thereafter, th..

Category: Criminal Law | Date: | Hits: 53

Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)

....Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......l Huq Chowkider, Abdul Matalib and others came and saw and heard about occurrence. Injured Fazle Karim was taken to Alekzandar Hospital but doctor found him dead. Other injured persons were given treatment. 3. Upon the aforesaid F.I.R.  Ramgati Police Station Case No. 6 of 1988 was ..

Category: Criminal Law | Date: | Hits: 50

Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)

....ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ...... Alamin went out of house for searching her eldest son Kamruzzaman Rana who was not found. They went to the residence of Shahjahan, friend of Rana, told Shahjahan that Rana is not traceable and thereafter, Sharifa Khatun, Alamin and Shahjahan went to different places of the locality for searchin..

Category: Criminal Law | Date: | Hits: 52

Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)

....further in review peti­tion there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......further in review peti­tion there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......aging Director respectively and their spouses will be the Directors there­of and each group will hold 50% i.e. equal share as well as equal say in the management of the proposed company and thereafter 50 copies of the Memorandum and Article of Association of the proposed company were printed..

Category: Criminal Law | Date: | Hits: 44

Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)

....elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......95 an ox of the accused Joynal Abedin entered into his IRRI paddy land and started eating up the paddy plant. His younger brother Ashek Ali, caught hold of the ox and pounded the same and for that reason the accused persons became angry upon him, his brother and others. On 30.05.1997 when his fa..

Category: Criminal Law | Date: | Hits: 47

Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)

....e of the view that the High Court Division did not any kind illegal­ity discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......e of the view that the High Court Division did not any kind illegal­ity discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......police Station in the District of Khulna belonged to two brothers namely Ismail Khan and Moslem Khan, that Ismail Khan died leaving behind his only brother Moslem Khan as his heir and successor. Thereafter Moslem Khan died leaving behind two sons Mujibor Khan and accused Rustam Ali Khan who inhe..

Category: Criminal Law | Date: | Hits: 57

Abu Ahmed Siddique Vs. Khandaker Abdul Awal and others, 2008, 37 CLC (AD)

....dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ......dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ......e son of the informant was abroad, and on taking advantage of such situating, accused No. 2 to 6 at about 8:00 A.M. of 28.11.2005 forcefully entered into the premises of the inform­ant and by threatening the wife of the informant, Halima Siddique, accused No. 1 took away 300-400 tolas of gold..

Category: Criminal Law | Date: | Hits: 57

Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)

....e High Court Division, the appellant pre­ferred Criminal Appeal No. 34 of 2006. After hearing the Appellate Division dismissed the appeal. 5. In this backdrop, the petitioner filed this criminal review petition. 6. Mr. Syed Mahbubar Rahman, the learned advocate-on-Record for th......t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ...... II of 1947 and he was sentenced to suffer rigorous imprisonment for two years and to pay a fine of Tk. 6 lac, in default, to suffer rigorous imprisonment for 6(six) months more. The petitioner thereafter unsuccessfully moved the High Court Division in Criminal Appeal No. 2463 of 1999 against th..

Category: Criminal Law | Date: | Hits: 43

Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)

....n record, we do not find any reason to interfere with the same. The leave peti­tion is thus dismissed having no sub­stance. Ed. This Case is also Reported in: VI ADC (2009) 613. ......n record, we do not find any reason to interfere with the same. The leave peti­tion is thus dismissed having no sub­stance. Ed. This Case is also Reported in: VI ADC (2009) 613. ......con­tinuously demanding a further sum of Tk. 1,00000 /- (one lakh) in order to buy a Baby Taxi for doing transport busi­ness but the deceased Sefali Begum refused to comply the same for the rea­son that her farther was a very poor man and incapable to meet the said demand and eventua..

Category: Criminal Law | Date: | Hits: 96

Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)

.... that the High Court 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: VI ADC (2009) 569....... that the High Court 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: VI ADC (2009) 569.......il Revision No.1724 of 1998 making the Rule absolute. 2. Short facts as placed before the High Court Division are that the suit building a four storied building situated at 27, Agrabad Commercial Area, known as "Mercantile Court" belonging to a non Bengali vested in the Government of Bangladesh a..

Category: Property Law | Date: | Hits: 28

Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)

.... fic­titious bills by creating advice with forged signatures and thereby misappro­priated huge amount. The police, after investigation, submitted charge sheet. On coming to know about the aforesaid criminal cases they appeared before the Chief Metropolitan Magistrate, Khulna and obtained bail an h......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......h, District Anti-Corruption Officer, on 30.09.1993 lodged Khulna P.S. Case No. 45 dated 30.09.1993 and 25 dated 19.01.1994 against them and others allegation that they prepared fic­titious bills by creating advice with forged signatures and thereby misappro­priated huge amount. The police, after i..

Category: Criminal Law | Date: | Hits: 78