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Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)
...., in short, is that one Asma Begum as informant lodged a First Information Report, hereinafter referred to as the FIR, with Saturia Police Station on 13.07.1994 alleging, inter alia, that the accused-persons along with some others entered into the east Bhiti dwelling hut of the informant by cutting ...... 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. ......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. ...... 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
Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)
....e, 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: VII ADC (2010) 411. ......e, 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: VII ADC (2010) 411. ...... Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......e, 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: VII ADC (2010) 411. ..Category: Civil Law | Date: | Hits: 84
....y followed the principle laid down in the case of Nand Ram Vs Fakir Chand reported in ILR 7(1885) All 523 which runs as under:-
"What the parties to a reference to arbitration intended is that the persons to whom the reference is made should meet and discuss together all the matters referred, a......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.
......e is also Reported in: VII ADC (2010) 361.
......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)
....h Court Division in Criminal Revision No.218 of 2002 discharging the Rule. 2. The prosecution case, in short, is that the appellant as complainant filed a petition of complaint against the accused-persons alleging, inter alia, that they committed an offence of forgery, interpolation, wrongful gai......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. ......sed 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. ......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. ..Category: Criminal Law | Date: | Hits: 46
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... “In order…..to pass the test permissible classification two conditions must be fulfilled, namely (1) that the classification must be funded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group and (ii) that differen...... ...... ...... ..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....that the words "political party" used in Article 70 has been given an inclusive definition in Article 152 of the Constitution as follows: "political party” includes a group or combination of persons who operate within or Parliament under a distinctive name and who hold themselves out for th......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. ......ourt Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J The Secretary, Parliament Secretariat, Dhaka……………………….Appe......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
State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)
....ccused respondents from the charge levelled against them. 3. The prosecution case, in short, are that there had been a continuous enmity between the informant party and the F.I.R named accused persons including the convict appellant number 1 over the landed property since long; that on 28.1......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. ...... 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. ......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. ..Category: Others | Date: | Hits: 66
Md. Sajjad Hossain Vs. State, 2009, 38 CLC (AD)
....us imprisonment for 3 months more in Sessions Case No. 21 of 1997. 2. The facts, in short, are that on 08.05.1995 informant Md. Enamul Haque lodged an FIR stating, inter alia, that the accused persons on the order of accused Sajjad attacked the informant and others and accused Enamul Haque ga......volvement of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ......nce. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ......volvement of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ..Category: Others | Date: | Hits: 66
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....the immediate past Government demanding submission of the statements of all immovable and movable properties owned and possessed in his name and in the name of his wife or in the names of any other persons and the source of acquiring/owning such property. 5. On 20.06.2007 the respondent N......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ..Category: Others | Date: | Hits: 106
State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
....Penal code has already been started on 4-11-2009 before the Police Station of Pakundia, District Kishoreganj. On the face of the sections of Penal Code the word "anticipation” is misused by instant persons who are FIR named accused persons. 6. We hope the High Court Division will be slow in......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. ......erein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ......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. ..Category: Others | Date: | Hits: 61
Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)
....wo sons, namely, the plaintiff and Sheik Felo and two daughters. The Trial Court as well as the High Court Division in First Appeal found that Samiruddin sold out 10 (ten) pakhis of land to different persons and the plaintiff as his son, inherited 3.64 acres of land. He earlier sold 0.26 acres to Ha......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......ed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ..Category: Property Law | Date: | Hits: 19
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
.... Farm, Sylhet, which is now under the Ministry of Fisheries and Livestocks, Government of the Peoples Republic of Bangladesh and the land was acquired in L.A. Case No. 235 of 1930-31 from different persons. The plaintiff had been in possession of the suit land and at the time of settlement opera......rived 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) 330. ...... The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ......rived 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) 330. ..Category: Property Law | Date: | Hits: 25
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....er Karam Ali Sheikh; he got the sale certificate in the last part of November, 1924; That auction purchaser Karam Ali Sheikh got possession of the suit land and then sold the same land to different persons including the defendants, who also purchased from heirs of Karam Ali Sheikh after his death ......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......is Civil Review Petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ..Category: Property Law | Date: | Hits: 26
....y after furnishing the grounds for arrest to the person, the police shall be bound to provide the facility to the person to consult his lawyer if he desires so. Here again we like to mention that the persons arrested by the police under section 54 are not allowed to enjoy this Constitutional right. ......her law.
It is the duty of everyone in the country to adhere to the provisions of the Constitution. Unfortunately instead of adhering to the provisions of the Constitution, the police officers are interested in exercising the powers given to them under the Code without any hindrance…………......nts are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....r finding a person guilty of the offence of murder and that in the instant case the physical condition of the victim as well as the non disclosure of the involvement of the respondents to any other persons creates doubt in the said dying declaration and ultimately affects the prosecution case; f......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. ......ecision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......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)
....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. ......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. ...... is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......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
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....r has been provided by the Code. This power cannot be utilized as to interrupt or divert the Ordinary Course of Criminal Procedure. 13. In State of Delhi Vs. Cyan Devi, AIR 2001 SC 40, the accused persons stood charged under sections 302/34 of the Penal Code and thereafter five witnesses were e......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ase. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
....ti Barua, son of Pulin Bihari Barua, of Village-North King Gola, P.S. Rawjan, District-Chittagong as informant lodged FIR with Rawjan P.S. Case No. 16, dated 22.04.2002 implicating 10/15 unidentified persons under sections 302/34/380 of the Penal Code alleging, inter-alia, that on 22.04.2002 at abou......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......ers. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ..Category: Others | Date: | Hits: 63
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
....ed sanction and fixed the case to 21.09.2002 for appearance of the complaint. 8. On 21.09.2002 the learned Senior Special Judge examined the complainant on oath and took cognizance against 4 persons including the petitioner under Sections 161/166/167/220/109 of the Penal Code read with Sect...... the judgment and order of the High Court Division calling for interference by this Court and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......lling for interference by this Court and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ...... the judgment and order of the High Court Division calling for interference by this Court and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ..Category: Others | Date: | Hits: 82
....here are only 317 shop keepers who are affected by the acquisition of the lands. It is on record that total number of shops in the ground floor is only 140, whereas, actual total number of affected persons were 307 and out of those rooms, in the ground floor only 36 rooms were allotted to outsider......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
..
Category: Property Law | Date: | Hits: 29
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