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Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)

.... High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39....... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39....... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39...

Category: Criminal Law | Date: | Hits: 75

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....re, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..

Category: Property Law | Date: | Hits: 81

Govt. of People's Re­public of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)

....ation of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152...

Category: Criminal Law | Date: | Hits: 63

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....opposition controverting all the Material statements made in the Contempt Petition. However, the ease of respondent Nos.1-3 in short, is that following the Judgment of the High Court Division and the Appellate Division, the petitioners were re-instead to their services and that they were posted in d......ks that in case of honourable acquittal the incumbent is entitled to full pay to which he would have been entitled if he had not been dismissed or removed or suspended. In that view of the matter the Administrative Appellate Tribunal rightly held that the respondent is entitled to the arrear pay and......able acquittal the incumbent is entitled to full pay to which he would have been entitled if he had not been dismissed or removed or suspended. In that view of the matter the Administrative Appellate Tribunal rightly held that the respondent is entitled to the arrear pay and allowance. 22. Howev..

Category: Criminal Law | Date: | Hits: 83

Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)

....ave taken is supported by the said unreported decision of the Supreme Court of Pakistan in Civil Appeal No.47-D of 1963”. 14. This divergence of Judicial opinion has been finally resolved by the Appellate Division in the case reported in 33 DLR (AD) 323. In that case the Appellate Division afte...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..

Category: Property Law | Date: | Hits: 70

Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)

....us and cannot be sustained. 16. The interpretation of 'interest' in filing a caveat in a proceeding for probate within the meaning of section 283 of the Act as given in Charubala Sen Gyptta by the Appellate Division cannot be an authority to say that brother and/or mother are not heirs or near re......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571...

Category: Property Law | Date: | Hits: 69

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

.... it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..

Category: Property Law | Date: | Hits: 85

Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)

....eported decision a decree was passed in the follow­ing terms: "a decree for Tk. 6,31,10,307.13 with inter­est thereon at the rate of 12% per annum till realisation." The learned Judges of the Appellate Division at paragraph 8 observed as follows: "As to the rate of interest from the date ......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..

Category: Procedural Law | Date: | Hits: 74

Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

....cted person against whom there stands a judgment and order of conviction need to comply with the order by surrendering before the Court which would send him into custody. A person would not go to the Appellate Court in Revision seeking interference of the Sove­reign to obtain revision of a judicial......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..

Category: Criminal Law | Date: | Hits: 95

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....ed appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......cu­ments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ...... Lawyers Involved: Serajul Huq with Munsurul Huque Chowdhury, Advocates - For Appellant. S. B. Barua, Advocates - For The State. Criminal Appeal No. 558 of 1987 (Arising out of Special Tribunal Case No. 217/86, arising out of Cantonment P.S. Case No. 46(5) 86 in the Court of Judge, Sm..

Category: Criminal Law | Date: | Hits: 87

Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)

....­late Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......l is allowed with costs and the judgment and decree of the lower appel­late Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......l is allowed with costs and the judgment and decree of the lower appel­late Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270...

Category: Property Law | Date: | Hits: 66

Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....ld not produce any materials regarding violation of law, rules or terms and conditions of the licence. 17. In the facts and circumstances of the case, the impugned Judgment and order passed by the Appellate Court is not sustainable in law and liable to be set aside and the Judgment and order pass......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..

Category: Property Law | Date: | Hits: 62

Binode Bihari Ghose Vs. Assistant Custodian, Vested and Non-Resident Property and others, 1998, 27 CLC (HCD)

....t to correct the mistake (Ref. Sukhdev Vs. Ram Narain AIR 1930 Allahabad 387; Sayanvna Vs. Ventaka AIR 1931, Madras 783, 36 DLR 337). In view of what has been stated above the decree passed by the Appellate Court is liable to be set aside, to the extent it has reversed the decree of the trial Cou...... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134....... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134...

Category: Property Law | Date: | Hits: 56

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

....rother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....called a general meeting of the Samity to adopt those amendments in vain but he is now reprobating the same which is unfair and he cannot do so at the same time. 8. It is contended by him that the Appellate Court below wrongly found that the ad-hoc Committee amended the Constitution in violation ......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...

Category: Civil Law | Date: | Hits: 74

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

.... 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......sit the work site. He had no direct knowledge about the measurement as written in the measurement book. He worked with Mr. Mahabubur Rahman since 1962. 20. DW 1 AKM Yeaha testified that he was the Administrative Officer of the Hospital. He stated that the work was originally estimated at Taka 11,......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..

Category: Civil Law | Date: | Hits: 99

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49.......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49.......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49...

Category: Property Law | Date: | Hits: 64

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....r the investigation of the case upon withdrawing the same from CID. 10. Thereafter the informant filed a Criminal Miscellaneous petition for leave to appeal being No.167 of 2006 before the Hon'ble Appellate Division of the Supreme Court of Bangladesh and prayed for stay of the operation of the ju......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..

Category: Criminal Law | Date: | Hits: 76

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....High Court Division is the High Court as understood since Nineteenth century (1861). It over look the legal significance of the expression '"Division" there are two Division of the Supreme Court i.e. Appellate Division and the High Court Division. Article 94 of the Constitution says "Comprising". Th......urisdiction, Power and authority are mentioned. In 1935 Act, jurisdiction mentioned in section 223, jurisdiction has been conferred upon the existing High Courts and mentioned power, jurisdiction and Administrative function. 59. In Section 224 the expression Administrative functions of the High C......of the Constitution inasmuch as in violation of the Article 58B of the Constitution. 5. Further case of the petitioners are that the offender should be tried by the competent Court of justice or a Tribunal under the law of the land. But the commission has been established under the impugned Ordin..

Category: Constitutional Law | Date: | Hits: 264

Babul Vs. State, 2002, 31 CLC (HCD)

....at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......uq J.— Babul having been depicted as offender for possession of weapons of offence faced trial of charge laid under sections 19A and 19(f) of the Arms Act of 1878 (For short The Act) before Special Tribunal No.3, Bagerhat in Special Tribunal Case No.64 of 1995 springing out of Kachua Police Statio..

Category: Criminal Law | Date: | Hits: 84