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National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....e lessee of the Chundeecherra Tea Estate for 35 years and as per terms of the lease deed the respondent Nos. 1 and 2 have no authority to lease out the property of the appellant to some other persons, that on the basis of lease the appellant has acquired vested right in respect of the prope......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......dingly, the appeal is allowed without any order as to costs. Ed. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....low in the palm of the right hand of the deceased and Mofizuddin as well as Abdur Rahman inflicted dagger blows on various places of the body of the deceased, that P.Ws.2 and 6 recognized the accused persons by the light of the hurricane which was on a table and saw the accused persons assaulting th......o give a chance to the witnesses to recognize them, (iii) the recognition of the accused persons by P.W.2 and P.W.6 in the light of the hurricane has not received corroboration from independent or disinterested witnesses. One hurricane has been seized inspite of mention of two hurricanes in the F.I.......ve bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..Category: Criminal Law | Date: | Hits: 44
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
.... house of condemned prisoners, Joynal Fakir with a dagger in his hand, Sumon with a Chinese axe in his hand, accused Sahin with a Ramdao in his hand, Babu with a sword in his hand and other accused persons namely Mohir, Abdus Sobhan alias Sohrab, Shikha and Jharna with lathis in their hands surr......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....ot at that time and being informed about the occurrence came back home on 27-8-1998 and became aware of the facts in detail from his wife and other witnesses and he further learnt that the leading persons of the locality on being approached assured his wife that they will hold a Salish between t......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......d by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 44
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... Hanif Biswas. Later on Hanif Biswas died leaving only son plaintiff No.1 as heir. In this way plaintiffs acquired 12 annas share in the suit property and they subsequently sold some land to other persons. Their further case is that Bodillah was also the owner of the 'Kha' schedule land of the p...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......gment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 39
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
.... who were re-elected as directors in the 5th Annual General Meeting of SIBL held on 1st August, 2000. In the said Annual General Meeting it was resolved that the Board of Directors would nominate 5 persons to represent the said foreign sponsor-directors as alternate directors (Annexures-B-B-1). ......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ...... Case is also Reported in: 61 DLR (AD) (2009) 82. ......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ..Category: Business or Commercial Law | Date: | Hits: 147
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ...... Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..Category: Employment/Service Law | Date: | Hits: 68
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....es and properly held by the Joint War Committee, Indian Branch, of the Order of St. John of Jerusalem in England and the British Red Cross Society. The first members of that society were nominated by persons who immediately before the commencement of that Act were the members of the Joint War Commit...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... J ATM Afzal J Mustafa Kamal J Latifur Rahman J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice & others........Respondents Judgment January 30, 1990. ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137....... is not sustainable in law as it was declared in disregard to the Election Commission's order. This election must also go making the way clear for a fresh election giving opportunity to all parties interested in it. 14. The result, therefore, is that the appeal is allowed; the impugned order of......88. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....Succession Act. Section 283(1)(c) of the Succession Act runs as follows: — "In all cases the District Judge or District Delegate may, if he thinks proper...(C) issue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceedings ......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......sion is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....gistrate as in the case of the confessional statement of an accused under s. 164(3) Cr.P.C………..(6) A man under the apprehension of death is not likely to speak falsehood and involve innocent persons in preference to his assailant. That is why particular sanctity is attached to such a statem......s substantive evidence. But the Court must take care to see that the statement is genuine and was actually made by the dying man, for it is not unlikely that he did not make any statement, but some interested person fabricated it from motive and tried to use it as evidence. 7. In the instant ca......d stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....Nos. 6-21 in the suit property without the permission of the landlords Benode Behari and others as sub-tenants and that when the landlords raised objection Sadananda Ghose informed them that those persons were his own people and he had not sub-let the premises. After the death of Sadananda Ghose....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......ya Ratan Chowdhury............Appellant (In Civil Appeal No. 52 of 1995) Anil Kumar Dutta ………..Appellant (In Civil Appeal No. 53of 1995) vs Sreemati Shaibalini Ghose & ors…………......Respondents (In all Appeals) Judgme....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 106
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....toon (15), dumb daughter of Khodeja Khatoon on 12.07.2000 went to a pond near her house at about 3.00 P.M. but did not return till 12.00 P. M and at that time her mother Khodeja Khatoon found some persons assembled in the Union Parishad road situated to the north of the house of the peti&sh......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......missions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ..Category: Criminal Law | Date: | Hits: 57
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....d petitioner and others putting belief upon the words of the accused petitioner and others as to their promise to make payment as agreed upon and thereafter the complainant found that some unknown persons had been residing in the premises and they also changed the nature and character of the hou......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......here is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 30
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....he case is now pending, has already written to the appropriate authority for sanction as required under section 6(5) of the Criminal Law Amendment Act before framing of charge against the accused persons. It is now well-settled that proceeding of a case starts with framing of charge. So w......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ...... Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....e help of Faruque and gani and after handing over accused Mithu to Faruque and Gani he entered the PO house and found his daughter Monira burnt with acid and that in the meantime the other accused persons snatched away Mithu from the hands of Faruque and Gani and thus Mithu left the place of occ......ir poshchim parsher bagan barir jami niye Mithuder shathe tader amol theke ei barir birodh ache. Oi shomoy ghotona-sthole badir shalok Faruk kea ami dekhi nai” This witness being the only disinterested elderly neighbour of the informant, his evidence is......per book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 48
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....ment of the alleged victim here self the learned Advocate submits that she stated on the date of occurrence she went to visit the house of one of her relatives and asked one of her acquainted persons to inform it to her parents and that no one kidnapped her. The statements of other witnesse......sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......order of stay granted earlier be extended for further 6(six) months from date. Ed. ......sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
.... case of Respondent No.1 upon taking decision to consider his case in the subsequent meeting relating to the matter of promotion of the employees and that the Board while taking decision as to the persons who were recommended by the Selection as to the persons who were recommended by the Se......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ...... the appeal is allowed. There is no order as to cost. Ed. ......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......t was, inter alia, stated in the said application that appellant No. 1 Bangladesh Bank invited international tender by publishing tender notice dated 15.9.1994 inviting quotations/offers from interested reputed Mints for minting and supply of finished 5 taka Coin as detailed in the tender n......vs Messers Fabrica Nacional De Monedy Timbre & others..............Respondents Judgment April 1, 1997. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advoc......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....fique, the victim and Mona alais Zillur Rahman the petitioner stabbed the victim on the chest with a knife causing bleeding injuries and as a result the victim feel down on the ground, the accused persons, thereafter filed away when the people were coming from around on hearing hue and......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ...... both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
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