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State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....ivision further found that the prosecution could not prove the presence of the accused Sadequl Islam Tusar in the house during the occurrence. The High Court Division held:- "In the case in hand, none of the witnesses stated that condemned prisoner or any of the accused was present in the ......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ..Category: Criminal Law | Date: | Hits: 43
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....t No.4 Chittagong Port Authority. Subsequently by letter dated 06.04.1994 (Annexure-K) the management of the writ respondent No.1 M/S Amin Agencies requested the writ respondent No.4 to allow them to handover the said land of 0.75 acre to the writ petitioner company. Later on a further prayer of the......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ..Category: Property Law | Date: | Hits: 33
Azam Reza Vs. State, 2010, 39 CLC (AD)
....th. The doctors rightly opined that the death of the deceased was due to head injuries, which was ante-mortem and homicidal in nature. In this way we are unable to agree with above submission of Mr. Khandker Mahbub Hossain. Thus it is well established that the deceased was done to death. After inten......ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ..Category: Criminal Law | Date: | Hits: 100
Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)
....the three accused-persons by the light of the Hurricane and also when the accused No.1 focused torch towards her husband uttering that they came to kill him and at that the accused No. 2 caught the hand and chin of her husband. On hearing the scream of her husband she woke up and saw that the accu...... 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. ..Category: Criminal Law | Date: | Hits: 45
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....such, he submits that the High Court Division wrongly and erroneously made the Rule absolute and upheld the order of rejection of the prayer for pre-emption by the trial Court. 8. On the other hand, Mr. Syed Mahbubur Rahman, the learned Advocate-On-Record, submits that the Courts below found ......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..Category: Property Law | Date: | Hits: 27
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
.... spite of the aforesaid order of stay, evicted the defendant from the suit property. Thereafter, on the application of the defendant, the Court by its order dated 30.8.1980, directed the appellant to hand over possession of the suit property to the defendant within 24 hours. 3. Being aggrieve......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. ..Category: Civil Law | Date: | Hits: 105
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....the lower Appellate Court correctly held that the plaintiff failed to prove title to suit land on the basis of accretion of the land to the riparian owner i.e. the ex-landlord. 6. On the other hand it is undisputed from the plaint and written statement that suit land is the accreted char land......and there 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: 15 MLR (AD) (2010) 99. ..Category: Property Law | Date: | Hits: 24
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
...., the petitioners and B.N.P. took a public stand, both inside and outside Parliament, that the two members upon their joining the Awami League Cabinet ceased to be members of Parliament. On the other hand, each of the concerned members had tried to defend their position by claiming that Article 70 o......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. ..Category: Constitutional Law | Date: | Hits: 171
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....u Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J The Secretary, Parliament Secretariat, Dhaka……………………….Appellant Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment July 29, 199......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. ..Category: Constitutional Law | Date: | Hits: 138
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....ntiff by a registered sale deed dated 29.3.1990 with an agreement of reconveyance executed and registered on the same day. The time of reconveyance was 3 months. But the defendant did neither hand over physical possession of the said property nor returned the money to the plaintiff as per ag......spondents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ..Category: Property Law | Date: | Hits: 21
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....of the Faridpur District Minibus Owners Samity. In pursuance of the said order, the writ respondent No.5 issued a letter upon the writ petitioner under memo dated 13th November, 2008 directing him to hand over charge of the affairs of Faridpur Minibus Owners Group. The writ petitioner made a repre......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ..Category: Constitutional Law | Date: | Hits: 107
State Vs. Shahin and others, 2009, 38 CLC (AD)
..........Respondent Judgment April 27, 2009. Cases Referred To- Sk Shamsur Rahman vs State 42 DLR (AD) 200; Tapinder Singh vs State of Punjab AIR 1970 SC 1566; Lallubhai Devchand Shah vs State of Gujara, AIR 1972 SC 1776 and State vs Mukbul Hossain, 26 DLR 419. Lawye......nd there 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: 15 BLC (AD) (2010) 140. ..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
.... and 1600 dated 1-2-1974, 15-2-1974, 11-2-1974 and 14-2-1974 respectively purchased 0.54 acres of land appertaining to CS Plot No.248 of CS khatian No.235 corresponding to SA Khatian No.406 of Mouza Chandana PS Joydebpur, District-Gazipur described in schedule 'A' of the plaint from Chaturi Tanti an......plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..Category: Property Law | Date: | Hits: 29
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....field of one Jabed Ali. Subsequently Md. Shawkat Alam held inquests upon the dead bodies of the victims, namely, Sanwara and Sadia. Thereafter the petitioner Sohel himself brought out the chopped off hands and legs of both the victims from a hole in the compound of their house. In due course, the pe....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ..Category: Others | Date: | Hits: 83
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
....s laid down in the Circular dated 7.10.1991 filed an application for exemption but the appellant did neither grant the desired exemption nor gave any reply to the above application and on the other hand started Money Execution Case No. 151 of 1992, even though the period of filing the same expired...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..Category: Banking Law | Date: | Hits: 98
.... 66,39,572.70. The suit was decreed and the carrier was directed by the Court to make payment within 90 days. Food Department filed Money Execution Case No. 16 of 1996 in the said Court. On the other hand M/S. Al Falah Shipping Lines Ltd. filed Admiralty Suit No.06 of 1986 in the High Court Division......ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
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Category: Others | Date: | Hits: 356
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... not entitled to any relief. In this connection the learned Counsel has referred the case of Anti-Corruption Commission vs Dr HBM Iqbal Alamgir, 15 BLC (AD) 44. 7. Mr. Rafique-ul-Huq, on the other hand, contends that since the Government has recommended for withdrawal of the case from the prose...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ..Category: Anti-Corruption Laws | Date: | Hits: 186
....f powers Madison in his Federalist Papers No. 47 praised the philosophy of the doctrine in the following words:-
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may just......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
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Category: Constitutional Law | Date: | Hits: 207
....ated 01.02.1974, 15.02.1974, 11.021974 and 14.02.1974 respectively purchased .54 acres of land appertaining to C.S. Plot No. 248 of C.S. khatian No. 235 corresponding to S.A. Khatian No.406 of mouza Chandana P.S. Joydebpur, District-Gazipur described in schedule ‘A’ of the plaint from Chatori Ta......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
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Category: Property Law | Date: | Hits: 43
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....it is fraudulent inasmuch as the privileges allowed by the bank in waving interest and allowing payment of the balance loan outstanding amount in installments were not communicated in one hand and on the other hand prior to expiry of the date allowed for payment of the installment......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ..Category: Civil Law | Date: | Hits: 136
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