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Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......ferent persons. The petitioner is not also getting the legal aid from the learned Advocates of Mymensingh Bar as the influential informant party/parties are also creating pressure upon them. 7. In view of the above facts and circumstances and for the convenience and safety of the life of the peti..Category: Criminal Law | Date: | Hits: 80
....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
......ersity Grants Commission along with papers to give approval to the campuses at Rajshahi and Chittagong but in spite of several reminders, the respondents have not given approval to those campuses. In view of the inaction of the respondents several thousand students belonging to middle class family a..
Category: Others | Date: | Hits: 197
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
.... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ......ticulous examinations of the materials and upon discussion of the principle regarding cancellation of bail came to the findings. In the light of the law and decisions referred to above, we are of the view that granting of bail cancellation of the same rests primarily on the discretion of the Court o..Category: Criminal Law | Date: | Hits: 68
Kazi Mohammad Amin Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ......discharged the Rule. The writ petitioner does not dispute the allegation brought against him by the Ministry of Law, Justice and Parliamentary Affairs before cancellation of his license. 5. In view of the discussions made above, we are of view that the High Court Division upon correct assessm..Category: Civil Law | Date: | Hits: 87
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....at the trial Court without considering the documents filed by both the parties erroneously decreed the suit and the learned Joint District Judge, 1st Court, Munshiganj, who heard the Appeal, also erroneously dismissed the Appeal and that the suit property was recorded in Khas Khatian of the Gove......y (Land and Building) in pursuance of Government notification No.6199-Gen dated 3-12-1965 issued under the Defense of Pakistan Rule published by the Dhaka Gazette dated 4-12-1965. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a co..Category: Property Law | Date: | Hits: 76
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......urt held: "There is no need for compliance with the provision of section 145 of the Evidence Act for the single reason that there is no contradiction with which the witness can be confronted. In view of this position I have transferred the deposition or the witness P.W.1 Asia Khatun made in the..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......fore sent the case on remand for determination of this question only. But the plaintiff feeling aggrieved moved this Court and obtained leave to appeal from that order for remand contending that in view of subsequent amendments of section 9(1) the requirement of previous permission for transfer of..Category: Property Law | Date: | Hits: 58
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
.... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ...... Judge of the High Court Division after hearing the parties made the rule absolute and set aside the order of conviction. The learned Single Judge following an earlier decision of that Court took the view of the changed circumstances when there was no Chairman of the Union Council the function could..Category: Family Law | Date: | Hits: 166
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
.... the time of issue of such notice the period of 8 years specified in the said sub-section before its amendment had expired. He submits that the learned Judges of the High Court Division arrived at an erroneous conclusion as they failed to consider all the relevant provisions of law which would indic......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......ections. 11. Pending such legislative action for amending the provisions of section 439 for removing the anomaly or conflict between the provisions of these two sections as mentioned above, and in view of the discussion above on the relationship between the provisions in the several sub-section..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....cts of the instant case. For the proper appreciation of the question the provision of the said section 43 of the Transfer of Property Act is set down below: “43. Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property for considerat......he plaintiffs in respect of some lands appertaining to the disputed properties, was sought to be argued on behalf of the defendants respondents. The learned Judges of the High Court Division took the view on the basis of the said deeds that the transferees of the said deeds were necessary parties i...Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......made by the learned Subordinate Judge but the learned Judges of the High Court Division affirmed the decision of the Subordinate Judge on holding that the suit had been rightly held to have abated in view of President's Orders No.72, 135 and 137 of 1972 amending the provisions of Sections 86 and 87 ..Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....e is remanded back to the Tribunal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191.......andidate. Having arrived at such conclusion in jigsaw manner the Tribunal considered "that the result of the election has been materially affected" and therefore, directed the re-election. This view of the Tribunal was upheld by the High Court Division on the ground that to do otherwise is t..Category: Election Law | Date: | Hits: 163
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....Assistant Judge may have been a bad or improper order for not assigning reasons but before interfering with the same the High Court Division is required to examine whether the same has resulted in an erroneous decision occasioning failure of justice. 20. In the above case, the Appellate Division......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......ries of cases may also be indicated where the inherent jurisdiction can and should be exercised for quashing the proceeding. There may be cases where it may be possible for the High Court to take the view that the institution or continuation of criminal proceedings against an accused person may amou..Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......ourt, should not be entertained. In support of his contention, the learned advocate has also cited the case of Nazrul Islam Vs. State reported in 13 MLR (AD) 185, where their Lordships have taken the view that where alternative remedy is available before any other forum, the criminal proceedings are..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....he plaintiff-respondent petitioner in Civil Revision No.661 of 2006 and defendant-respondent-petitioner in Civil Revision No.662 of 2006 submits that the lower appellate Court is absolutely wrong and erroneous in allowing the appeals and reversing the Judgment and decree passed by the learned trial ......ction is competent to reverse the Judgment of the Courts below when the same has been made either upon mis-reading or non-consideration of the material evidence causing failure of justice." 18. In view of the facts and legal position of the case I find that the lower appellate Court is absolutely..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......or more than one dishonoured cheques and not to issue a separate or distinct notice for each dishonoured cheque, if there are more than one such dishonoured cheques. As such, we are of the considered view that, in case of dishonour of more than of cheque, it is the discretion or convenience of the p..Category: Criminal Law | Date: | Hits: 86
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......der to save themselves. 35. P.W.13, ASI Md. Zahirul Hoque, who verifies the names and addresses of Bachchu Miah and others and their antecedents but found no other cases excepting the case under review. 36. P.W.14, Inspector Ruhul Amin who was Officer-in-Charge Nogoaon Police Station on 12-12-..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....between the parties. In the instant case, the prosecution has hopelessly failed to prove its case beyond all shadow of doubt. 48. The learned trial Court without considering the evidence on record erroneously convicted the accused appellant without observing any norms of law. 49. We find merit......ailed to come with a lunar calendar to show that the night of occurrence was moonlight night. So, the re-cognition of the accused in such dark night is quite impossible. We find supports of the above view in the case of Annaddi alias Ayenuddin Vs. State reported in 6 BLC 310. 42. In a criminal ca..Category: Criminal Law | Date: | Hits: 66
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