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Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner conÂcerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......ullah causing several inÂjuries on his person who ultimately died in Shibganj Rural Health Centre on 7.10.86. The Upazila MagisÂtrate recorded his dying declaration on 9.9.86. 3. The appellants' prayer for bail having been refused by the Assistant Sessions Judge they moved the High Court Divisi..Category: Criminal Law | Date: | Hits: 63
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......rder of the Magistrate may be cited. The relevant part of the Magistrate’s Order may be set out: “Seen the order of the learned Sessions Judge vide Cr. Motion No. 53(3) of 1973. Also seen the prayer of the Court InspecÂtor for withdrawing the case against the accused Harun Sikder, Shah Alam..Category: Criminal Law | Date: | Hits: 43
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133....... the defendants raised some more structures and then the plaintiff on 19th February, 1974 filed an application under Order 6, rule 17 of the Code praying for amendÂment of the plaint by adding a new prayer for declaration of title and recovery of possession for 108’ x 5’ of land east to west co..
Category: Property Law | Date: | Hits: 36
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......nd the deposit made by the pre-emptor was accepted as correct. The learned Subordinate Judge also held that the necessary parties were impleaded in the application for pre-empÂtion. Accordingly, the prayer for pre-emption was allowed. On appeal by the transferee-pre-emptees a Division Bench of the ..Category: Property Law | Date: | Hits: 32
.... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 87.
......ed in the petition. It will be for the Court to decide to whom the notice will be served.
In this view the name of the Respondent No.1 is struck off. Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record.
Ed.
T..
Category: Others | Date: | Hits: 84
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......e and jute goods, in collation with others, the police took up investigation and after arresting A.T. Mridha and two of his employees produced them before the Sub-Divisional Magistrate of Khulna, and prayer for releasing A.T. Mridha on bail was rejected by the Sub-Divisional Magistrate and the accus..Category: Criminal Law | Date: | Hits: 95
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......hase and the pre-emptee is a stranger purchaser in the case holding but held that the deposit of consideration money along with compensation was not made within time and accordingly disallowed the prayer for pre-emption. Being aggrieved the pre-emptor preferred Misc. Appeal No. 37 of 1998 before..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... entered appearance in the said suit and that on the date when the suit was taken up for final hearing the defendant filed an application seeking adjournment for filing written statement but the said prayer was rejected and thereupon the suit was taken up for hearing and the defendant having not par..Category: Property Law | Date: | Hits: 38
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ...... to Mr Kobad Ali submitted an application before the Hon'ble President for review of his order dated 15-1-1997 by which the appellant was reinstated but the President rejected the prayer for review for granting the appellant the service benefits on 13-8-1997. The appellant there..Category: Administrative Law | Date: | Hits: 103
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......trial Court for adjudication taking into consideration the said documents. 13. The moot question in the appeal is, how far the appellate Court was free from error in allowing the defendants' prayer for acceptance of the kabuliyat of 1927 and the Heba-bil-ewaz of 1975 or, in other words, in..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......tigated properly and having so many lapses including those mentioned by the informant petitioner in his application dated 30-4-2003 that the learned Magistrate committed illegality in rejecting the prayer for further investigation. The learned Sessions Judge, in his turn, also committed illegali..Category: Criminal Law | Date: | Hits: 43
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......inter alia, that the case was not maintainable and it was bad for defect of parties and also was barred by limitation. His further case was that he was co-sharer in the case land and, as such, the prayer for preemption is to be refused. 3.The moot point agitated in the trial Court by th..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......ribunal or Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence." 13. From the impugned judgment it appears that the prosecution opposed prayer for bail and, as such, we are of the view that the High Court Division ought to have exercise..Category: Criminal Law | Date: | Hits: 184
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... for declaring what cases or what class of cases shall be heard at the outlying areas. It is not for the Chief Executive to initiate such proposal far less for asÂsigning areas for permanent benches alternatively (as the exercise was done by proclamation dated 17th June, 1986) for holding Sessions.......e, challenging the validity of the Amendment itself. 302. Similarly, the appellant in Civil Appeal No. 43 of 1988 challenged the Impugned AmendÂment in his Writ Petition No. 1176 of 1988 when his prayer for swearing an affidavit in connection with his earlier Writ Petition No. 495 of 1988 relatÂ..Category: Constitutional Law | Date: | Hits: 1934
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....he suit they may do so and it will be disposed of in accorÂdance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ...... Kumar Sen and others................. Respondents Judgment November 2, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XXIII, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the sche..Category: Procedural Law | Date: | Hits: 110
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124...... Moksudur Rahman could not argue, how the evidence as it is, has rebutted the presumption. The defendants got ample opportunity at the trial stage and no such rebuttal evidence was adduced. Hence the prayer for remand does not merit consideration. ………….(6 & 8) Lawyers Involved: Mok..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....by the Chairman shall also be a representative member. There is no ambiguity or any uncertainty as to the total members of the Upazila Parishad. 31. Mr. Bhuiyan relied on Bombay case to argue his alternative point namely, if the acting chairmen are excluded, still the impugned no-confidence moti......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..Category: Election Law | Date: | Hits: 128
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
.... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112......ars and to pay a fine of Taka 35, 0007-only. 4. The appellant preferred an appeal, Criminal Appeal No. 430 of 1987, before the High Court DiÂvision. He also filed an application for bail, but his prayer for bail was rejected on the ground that prima facie there was no illegality in the trial. ..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House BuilÂding Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......o. 2 deposited the entire amount in two instalments but further proÂceeding in the matter was stayed by the High Court Division. 7. As the leave petition was pending for hearÂing, we granted the prayer for extension of stay from time to time on the assurance given by the appellant that he would..Category: Property Law | Date: | Hits: 30
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......appears that the appellants' suit, that is, T.S. No. 237 of 1984 is pending for 4 years. On the pretext of a suit being pending the decree-holder cannot be left in the lurch indefinitely. Even if the prayer for stay was granted it ought to have been for a reasonable time for the suit to be disposed ..Category: Civil Law | Date: | Hits: 106
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