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Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)
....ahman Akhtar lodged the ejahar and a case punishable under section 11(Ka)/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 was recorded by Katwali Thana Police, Faridpur implicating 3 accused-persons including the condemned petitioner. The police thereafter upon completion of inv......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......ere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ..Category: Criminal Law | Date: | Hits: 86
Zahid Vs. Tanzir Hossain Mallick and another, 2007, 36 CLC (AD)
....comment "referred to drawer", that one of the accused being the relative of the complainant he asked for time with the expectation of returning the money received by the accused persons, but to his frustration on January 1, 2003 accused persons finally refused to pay back...... point out any infirmity of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 434. ......terference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 434. ...... point out any infirmity of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 434. ..Category: Criminal Law | Date: | Hits: 56
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....ng the servant (Amir Hossain) of Mr. Rafique-ul Huq were involved in the Accident. The other victim Mr. Mahi, a mason working at the residence of Mr. Rafique-ul Huq, died in the spot. Total 5 persons were involved in the car accident, out of which two died immediately and three others ......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......ief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ..Category: Criminal Law | Date: | Hits: 50
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
....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) 406. ......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) 406. ...... The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 406. ......rther in terms of Article 15 of the Constitution it is a fundamental responsibility of the State to provide to its citizen the basic necessities of life including food, clothing, shelter, education and medical care and in the instant case the above property being needed for the constru..Category: Property Law | Date: | Hits: 50
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....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: VI ADC (2009) 373. ......ed in the suit and the consistent case of the plaintiffs is that they are in possession of the suit land since their purchase and defendant never got back possession of the same and they were only interested to get rid of the order of redemption and in the circumstances the plaintiffs are not re......s also Reported in: VI ADC (2009) 373. ......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: VI ADC (2009) 373. ..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....a notice to sell some residential plots at the Chandgaon Residential Project (2nd phase) and the same was published on 01-09-2000 in the Daily Azadi, inviting applications from the interested persons for the allotment of residential plots. The petitioner made an application on 16.09.2000 wi......DA) floated a notice to sell some residential plots at the Chandgaon Residential Project (2nd phase) and the same was published on 01-09-2000 in the Daily Azadi, inviting applications from the interested persons for the allotment of residential plots. The petitioner made an application on 1......ion for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..Category: Property Law | Date: | Hits: 28
Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
....plaintiff petitioner inasmuch as legal character may not always arise or emanate on the basis of a particular statue but it may arise from enjoyment of a right for a long period by a group of persons in a particular given fact and thus erred in law in passing the imp......y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
.... that Deputy Commissioner under the provision of Section 5 of the Act, not to speak of subsection (3) of the said Act, not to speak of sub-section (3) of the said Act, is not authorized to choose a persons, herein respondent No.2, and to grant licence to him to exhibit motion picture film on the g......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ...... to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....e kabala dated 06-01-1987 in favour of the decree holder appellant. Thereafter, the appellant applied in the Execution Case for getting possession of the suit property after evicting the concerned persons therefrom; that while the said matter was pending for disposal, the 3Id party respondent No......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......ny order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ..Category: Property Law | Date: | Hits: 31
State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)
.... appears that the prosecution has not been able to prove the charge against them beyond reasonable doubt. 12. The victim only mentioned the name of Md. Fazal and could not identify any other persons and the statements of other witnesses who heard from the victim has been rightly disbelieve...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ......ourt. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ..Category: Criminal Law | Date: | Hits: 38
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
....from his possession was open and notorious to all who were also parties in the different suits; that the plaintiff’s possession in the suit lands became adverse to the real owners and/or the persons claiming under them for more than twelve years when he failed to acquire title by virtue of...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ......) 97. ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ..Category: Property Law | Date: | Hits: 22
Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)
....out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ...... as the guardian member, Md. Tajul Islam was nominated as Teacher Representative by the Director General of the Department of Secondary and Higher Secondary Education and Md. Abul Kashem as person interested in education by the Chairman of the Madrasa Board and that the appellant, as Upazila Nir......609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ......an member, Md. Tajul Islam was nominated as Teacher Representative by the Director General of the Department of Secondary and Higher Secondary Education and Md. Abul Kashem as person interested in education by the Chairman of the Madrasa Board and that the appellant, as Upazila Nirbahi Officer, ..Category: Others | Date: | Hits: 270
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....formant. At one stage informant became pregnant and she disclosed to accused Mahbub Alam, his brother accused Saidur Rahman and his Bhabi accused Shahinur about her pregnancy and said accused persons informed Sonia Akhter that there is a marriage registrar at Gazipur known to them and the m......orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......o interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ..Category: Criminal Law | Date: | Hits: 79
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....proceeding. 2. The prosecution case is, in short, that on 21-4-1998 the petitioner herein as the complainant filed CR Case No.53 of 1998 and TR Case being No.14 of 2001 against the accused-persons in the Court of Magistrate, 1st Class, Munshiganj alleging, inter alia, that the complaina......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....reported in 21 RFC 617 it has been held that "every person also will in a reasonable probability suffer any injury or loss (using those words in a legal and not in a sentiment sense) from the other persons claiming to use it may be construed as a 'person aggrieved.' 23. From the above, the appe......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ...... DLR (SC) 351; SM Towfiq Vs. National PLD 1962 Karachi 355; 21 DLR (SC) 357; Wright, Crossly and Co. S.T.M. 15 RFC 131; Ellis & Co. T.M. 21 RFC 617; G.C.H.Q. Case (Council of Civil Service Unions V. Minister for the Civil Service 1985 A.C. 374); British Airways Board v. Laker Airways Ltd ((1985) A.C......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ..Category: Intellectual Property Law | Date: | Hits: 233
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....en under the control, management and supervision of the Government from the date of enactment of P.O. No. 16 of 1972. Subsequently the writ petitioner on the ill advice of some notorious persons created some false, fabricated and collusive papers for the purpose of grabbing the abandon......gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......…….Respondents Judgment April 2, 1998. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, (Md. Sajjadul Huq, Assistant Attorney General with him instructed by B. Hossain, Advocate-on-Record – For the appellant. Rafique-ul Huq, Seni......gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ..Category: Property Law | Date: | Hits: 42
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....cing them there under to suffer rigorous imprisonment for life and to pay a fine of Tk. 10,000.00 each in default to suffer rigorous imprisonment for three years more and also convicted four other-persons under different sections. 2. The facts of the case, in short, are that Md. Idris Ali......ocate further submitted that out of 21 charge sheet witnesses prosecution examined as many as 14 witnesses and the prosecution has failed to examine the rest 7 important neutral, independent and disinterested witnesses mentioned in the charge sheet without assigning any cogent reasons. That P.W.s......on. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..Category: Criminal Law | Date: | Hits: 47
A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)
....om the college by a resolution of the Governing Body. A notification dated 20.05.2002 was sent from the National University informing the College authority that an Inspection Team comprising three persons would visit the college on 29.05.2002 to ascertain the academic, administrative and over al...... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ......is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ...... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ..Category: Employment/Service Law | Date: | Hits: 74
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
....articulars by the evidence of P.W.3. The confessional statement of the accused respondent and the evidence of P.Ws.2 and 3 unmistakably demonstrate that the accused respondent and the other accused persons inflicted fatal injury to the deceased which eventually caused his death. 16....... and accordingly it reacts on the whole prosecution case. Delay therefore puts a very heavy onus on the prosecution to prove the guilt of the accused to the hilt by corroboration of evidence by disinterested and independent witnesses to establish the truth by extrication of consequential and pos......of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..Category: Criminal Law | Date: | Hits: 58
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......se is also Reported in: 29 BLD (AD) (2009) 63. ...... on the following averments. 3. The writ petitioner is a registered charitable society registered under the Societies Registration Act, 18609 and it runs different projects for the advancement of education, health, welfare etc., primarily for the poorest segment of the rural people. Its funds co..Category: Fiscal/Taxation Law | Date: | Hits: 125
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