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Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)
.... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ......of Saturia Police Station Case No. 5(7)94 convicting the appellants alongwith another under Sections 457/326/307/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for a period of three(3) years and to pay a fine of Tk.500/-only each in default to suffer rigorous impris..Category: Criminal Law | Date: | Hits: 45
Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ...... of the said jail, producing blankets, that on the proposal of the petitioner-company, the Government granted a long term lease in its favour in pursuance of lease agreement dated 02.08.1983, for a period of 25 (twenty-five) years which was subsequently extended to 55 (fifty-five) years on amendme..Category: Civil Law | Date: | Hits: 90
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
.... said Obaidul Haque executed a deed of agreement on receipt of Tk. 25,000/-(Taka twenty five thousand) out of total consideration of Tk. 34,500/- (Taka thirty four thousand five hundred). It had been stipulated therein that he would execute a sale deed in favour of the plaintiffs on receipt of the b......low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ..Category: Property Law | Date: | Hits: 17
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....ent filed its suit on 24.05.2001, much beyond the period of limitation of two years. He further submits that the High Court Division erred in law in concluding that the rate of U.S. $ 20/- per Kg. as stipulated in the Airway bill would vary with the market price of gold prevailing at the relevant ti......ioner No.1 and another letter dated 22.04.1999, to the Additional Inspector General of Police, complained about the loss of his goods. But the respondent filed its suit on 24.05.2001, much beyond the period of limitation of two years. He further submits that the High Court Division erred in law in c..Category: Civil Law | Date: | Hits: 85
....e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
......tuting a new clause 5 of Article 14, which runs as follows:-
"If a candidate is aggrieved by the decision of the Returning Officer he may prefer an appeal to the Commission within the prescribed period and any order passed on such appeal shall be final."
10. There is a long procedure under C..
Category: Election Law | Date: | Hits: 116
Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)
....the rules. The operation of the impugned judgment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ...... 22-31 of the landlords khatian No.21. The lands were accordingly recorded in the C.S. khatian in the names of the plaintiffs-predecessors and they exercised their title and possession over statutory period. Of the said tenants, Adam Pramanik died leaving the plaintiff No.1 as daughter and brother t..Category: Property Law | Date: | Hits: 25
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......ained by him prior to filing the Other Class Suit No.72 of 1986. Furthermore, from the time of petitioner's arrival to Bangladesh and the date of filing the suit it is very much within the limitation period and therefore, there is error of law apparent on the face of the record which is required to ..Category: Property Law | Date: | Hits: 21
....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
...... It has been stated that the writ petition will be unmaintainable as the petitioner did not seek remedy under section 7 of the Ordinance No.54/1985 from the court of Settlement within statutory period of 108 days from the date of publication of the gazette under section 5 of the Ordinance No. ..
Category: Property Law | Date: | Hits: 21
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ......ithout any order as to cost. The concerned Senior Assistant Judge is directed to restore possession of the property mentioned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Repo..Category: Civil Law | Date: | Hits: 105
....remotely resulting from the wrongful act. The respondents are themselves responsible for loss of their goodwill by defaulting in making the payment of the sale proceeds due to the claimant within the stipulated time. In fact the claimant's good will was at jeopardy because of the unlawful action of ......ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......rt Division failed to consider that the trial Court directed to issue letter for sanction for prosecution of the accused public servants and the sanction was not accorded by the Government within the period of 60 days of the Order No.1 dated 12.09.2001 of the trial Court, the trial Court is entruste..Category: Criminal Law | Date: | Hits: 46
....with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
......udge and Artha Rin Adalat, 3rd Court, Rajshahi, in Money Execution Case No.38 of 1995 arising out of Artha Rin Suit No.16 of 1992 by which the writ petitioner was ordered for civil imprisonment for a period of three months (90 days) under the provisions of Section 34 of the Artha Rin Adalat Ain, 200..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......acknowledges allegiance to, a foreign state; (d) has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; (dd) holds any office of profit in the servic..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... ......the petitioners the rest of the 3rd and 4th class employees of the project have been temporarily absorbed of the revenue budget by the Director General of Department of Narcotics Control. During that period, the petitioners No.1 and 2 were appointed under certain and conditions as unskilled worker a..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......ground behind the introduction of Article 70 in the original Constitution of 1972 and the amendments thereof upto the Twelfth Amendment, 1991. The people had bitter experience during the Pakistan period when the country enjoyed a parliamentary politics for a short period in fits and starts. Cros..Category: Constitutional Law | Date: | Hits: 138
State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)
....t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ......ked the informant in filthy language and then, the aforesaid Sohel and Chunnu and the brother of the informant getting down in the courtyard requested the accused person to keep silent at the present period of Eidul Fitar; that thereafter, all the accused persons in a planned way in order to murder ..Category: Others | Date: | Hits: 66
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ...... Md. Abdul Matin J.- This petition for leave to appeal is directed against the order dated 15.02.2009 passed by the High Court Division in Criminal Appeal No. 8020 of 2008 granting bail for a period of 4(four) months. 2. The short facts giving rise to the present petition are as under..Category: Others | Date: | Hits: 98
State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
....ion is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ......27555 of 2009 which arose out of Pakundia Police Station Case No. 05 dated 4-11-2009 now pending in the Chief Judicial Magistrate, Kishoreganj while issuing the Rule granted anticipatory bail for a period of 6(six) months. 3. Heard the learned Additional Deputy Attorney-General for the peti..Category: Others | Date: | Hits: 61
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....n fixed at Tk. 34,050/- (taka thirty four thousand fifty) only. Obaidul on receiving Tk.25, 000/-(Taka twenty five thousand) on 15th April, 1995 executed a registered deed of Baina Patra. It had been stipulated in the said deed that after completion of the present survey as well as the correction of......-petitioner will be at liberty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ..Category: Property Law | Date: | Hits: 18
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
.... Uddin entered into a contract for sale of the said land with the plaintiff at a consideration money of Tk.36,000/- out of which he received Tk.7,000/- as earnest money on 9th September, 1994. It was stipulated that the balance money of Tk. 29,000/- would be paid within 9th December, 1994 and the fa......arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ..Category: Property Law | Date: | Hits: 26
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