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Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......and accused Rokeya Begum and since accused Rokeya Begum and confessed petitioner confessed their guilt by way of two judicial confessional statements which had not been retracted within a period of long eight months and it is only on 26.2.2001 that both accused Rokeya Begum and the cond..Category: Criminal Law | Date: | Hits: 51
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
.... law, special period of i limitation has been fixed for submission of police report and since the law requires that if the investigating agency failed to submit the police report within the stipulated time, the proceeding should be stopped and the accused should be released. Considering ......roceeding lost its legal force inasmuch as the investigation agency failed to submit the charge-sheet within 180 days from the date of institution of the case. Since in the special law, special period of i limitation has been fixed for submission of police report and since the law requires t..Category: Criminal Law | Date: | Hits: 48
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......s the rent would be enhanced after mutual discussion; that after the expiry of 5 years the plaintiffs- respondents sent a letter to the defendants- petitioners to fix the rent for the further period as per terms of previous agreement; that the said letter was exhibited as exhibit-'Ga' ..Category: Property Law | Date: | Hits: 35
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......nd the plaintiffs having failed to establish their right title and possession in the suit land and the kabuliyat being made for only one year, the claim of the plaintiffs has no legal force as the period of kabuliyat expired. 5. As it appears the High Court Division made the rule absolute..Category: Property Law | Date: | Hits: 27
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ...... including the plaintiff, that as per the disciplinary rules as the proceeding initiated could not be completed within 30 days and the report having had not been submitted within the said specified period of 30 days the plaintiff joined in his service on October 30, 1990 and the authority with&s..Category: Employment/Service Law | Date: | Hits: 64
Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)
.... do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 14. ......f Civil Procedure, 1908 (V of 1908), Order XXII, rule (2) Substitution of heirs where the right to sue survives after death either of the plaintiff or of the defendant, even though the period of limitation expires for such substitution, application under section 5 of the Limitation A..Category: Procedural Law | Date: | Hits: 75
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....nd as such the court being closed on aforesaid nine days, in calculating the period of limitation of time for filing the appeal, aforesaid nine days shall be deducted and so the respondents would get stipulated 30 days+ court closing 9 nine days + requisite time obtained for certified copy-18 days =......e submissions advanced earlier and submits, inter alia, that the High Court Division committed error in admitting the appeal when the respondents did not deposit 50% of the decretal amount within the period of limitation as prescribed under the law and the deposit so made after the statutory period ..Category: Civil Law | Date: | Hits: 132
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......temner Nos.3-5. 4. Upon hearing of the rule, the High Court Division made the rule absolute against respondent contemner-appellants and sentenced them to pay fine of Tk.2000/- each within a period of 15 days, in default, to suffer simple imprisonment for one month each. From the said impu..Category: Criminal Law | Date: | Hits: 47
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......opolitan Criminal Appeal No.87 of 2000 setting aside the order of conviction under Section 406 of the Penal Code and maintaining the conviction under Section 420 of the Penal Code and enhancing the period of sentence from 3 months to 6 (six) months and fine of Tk. 1000.00 to 2000.00 in default t..Category: Criminal Law | Date: | Hits: 42
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......and in a block. Total land of those plots is 8.50 acres and the said land is demarcated by iron grills and R.C.C. pillar with a height of 7 feet from the ground level and has been developed over a period of last 30 years. 3. Late A. R. M. Inamul Haq father of the petitioner was a philanth..Category: Property Law | Date: | Hits: 31
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......others reported in 1 MLR (AD) 354 support the said proposition of law. 9. It appears from the record that the plaintiff was given lease of the aforesaid Jalmahal for 3 years and the lease period had expired on 30th Chaitra 1409 B.S. and as such, the plaintiff had no subsisting legal rig..Category: Property Law | Date: | Hits: 50
Fatema Jinnah Multilateral Girls High School Vs. Aradhana Chowdhury & others, 2007, 36 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 143. ......e order of stay granted earlier and also directed the defendant-petitioner No.1 and defendant-opposite party No.2 to pay 50% of the salary to the plaintiff-opposite party No.1 applicant (during the period of suspension) from July, 2005 and continue to pay the same till disposal of the Rule in acc..Category: Employment/Service Law | Date: | Hits: 83
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ...... 1,000.00 in default to suffer rigorous imprisonment for 3(three) months more and also convicting other 3(three) co-accuseds under section 394/34 of the Penal Code and sentencing them for different periods arising out of Lalbag Police Station Case No.3(9)86 dated 06.09.1986 and G.R. Case No.5629 ..Category: Criminal Law | Date: | Hits: 40
Md. Sirajul Islam Vs. State, 2007, 36 CLC (AD)
....irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ......e seal and signatures of the Bank officials and thereby he misappropriated Tk.2,95,575/-. 6. On completion of investigation charge sheet was submitted for misappropriation of Tk. 39,045.00 for the period from October 1990 to September 1991. 7. In due course records were sent to the Court of Di..Category: Anti-Corruption Laws | Date: | Hits: 111
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......sion so far the appellants are concerned. Therefore, I shall allow the appeals. Accordingly, the appellants are acquitted. Order of the Court These appeals are allowed by majority judgment. The period of sentence is reduced to 3(three) years from 7(seven) years. The appellants are directed to ..Category: Criminal Law | Date: | Hits: 94
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......nterest within 2 (two) months from the date of receipt of this notice, failing which you will cease to be Director of International Finance Investment and Commerce Bank Limited on expiry of the above period and the overdue loan amount will be recovered through adjustment of your shares held in Inter..Category: Banking Law | Date: | Hits: 139
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......any election within one month before and after the Mela and if necessary it can be postponed for six months. After six months the committee will lose it legality and if no election is held within the period, the president will dissolve the committee and hold the election, and if that is not done the..Category: Trust/Waqf Law | Date: | Hits: 185
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ......t: “In compliance with the order of the S.P. Mymensingh communicated in his Memo No. 2151/V dated 4-6-73, I have the honour to state that as the occurrence took place during the period of last liberation war and genuine freedom fighters namely (1) Azizur Rahman S/O Kamdhar Be..Category: Criminal Law | Date: | Hits: 45
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......automatic process if heirs of the deceased are not substituted within the prescribed time. What is necessary to prevent abatement is substitution of the heirs of the deceased within the prescribed period. If the substitution is not made within the prescribed period then abatement occurs and..Category: Civil Law | Date: | Hits: 116
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be proÂperly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ed in accordance with law and that section 3(3 ka) of the Emergency Power Ordinance, 2007 (EPO) contains that the Rules may be made under the EPO "for offences committed during the continuance of the period of Emergency" and section 3(4) of the EPO clearly states that any rule promulgated under subÂ..Category: Civil Law | Date: | Hits: 254
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