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Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)

....absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......ment for a term which may extend to six months, or with fine which may with both.” It would appear that the language employed in the said section is wide enough to bring within its ambit any person guilty of insulting or causing interruption to a public servant engaged in a judicial proceed..

Category: Criminal Law | Date: | Hits: 29

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....ful and proper. In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ......-opposition. 7. The respondent No.1 RAJUK denying material statements of the writ petitioners contended that the writ petition is not maintainable on the ground that they are not the aggrieved persons under Article 102 of the Constitution. The respondent No.1 has further contended that the ho..

Category: Property Law | Date: | Hits: 31

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

....ning which of the several claimants for the occupation of certain denominations of immovable property may be put into occupation of it with greater confidence than the revenue for which will be paid. Inquiry in mutation proceedings, therefore, being a fiscal inquiry conducted by agents of the State,......rom taking cognizance of such offences on the basis of private complaint. The learned Advocate further submits that since the Assistant Commissioner (Land) refused to make a complaint who is the only person to form an opinion whether the offence was committed or not, the proceeding initiated at the ..

Category: Criminal Law | Date: | Hits: 59

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

.... Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ......Deputy Commissioner, Superintendent of Police and Officer in Charge of Narayanganj Sadar Police Station, respondents 4, 5 and 6 respectively desired to meet them. When they went to meet the aforesaid persons, the policemen suddenly dragged them, abused and beat them and pushed them and their childre..

Category: Constitutional Law | Date: | Hits: 264

State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)

....on is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 151. ......igh Court Division an application under Section 498 and obtained ad-interim anticipatory bail. 5. We simply fail to understand use of the word 'anticipation’  Under certain circumstances, a person may be apprehended by the police but in the instant case, a case under section 143/323/324/32..

Category: Criminal Law | Date: | Hits: 30

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......ity to pay the due lease money and by paying the lease money up to 1994 the respondent No.1 escaped the eviction order passed against it in a criminal proceeding. The respondent No.1 being a juristic person has its independent identity and liable for its own act, deeds, things and declaration. There..

Category: Property Law | Date: | Hits: 33

Azam Reza Vs. State, 2010, 39 CLC (AD)

....ons as above we find nothing to interfere with the judgment of the High Court Division and according­ly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......the jail appeal. 12. The High Court Division after hearing the reference and the appeal and the jail appeal held as under: "The above evidence of P.Ws.1-6 as to presence of marks of hurt on the person of the deceased her normal eyes, nose etc. and absence of any the symptoms of death by hangin..

Category: Criminal Law | Date: | Hits: 100

Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)

.... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ......, in short, is that one Asma Begum as informant lodged a First Information Report, hereinafter referred to as the FIR, with Saturia Police Station on 13.07.1994 alleging, inter alia, that the accused-persons along with some others entered into the east Bhiti dwelling hut of the informant by cutting ..

Category: Criminal Law | Date: | Hits: 45

Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)

....e, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......e, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ..

Category: Civil Law | Date: | Hits: 84

Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)

....n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ...... 1977 obtained in Other Class Suit No. 142 of 1977 by practicing fraud upon the Court by showing false report as to service of summons and on the basis of a forged karfa created in the name of a dead person. The plaintiff claimed the suit land by inheritance and possession thereon. 3. The def..

Category: Property Law | Date: | Hits: 21

Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)

....and 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: 15 MLR (AD) (2010) 99. ...... The use of the word "Malik" shall be deemed to have been substituted for the word rayiat or "tenant". The use of the word "raiyat" or "tenant" in sub-section (2) of section 87 of the Act to denote a person whose right to hold the newly added land as accretion to his holding or tenancy might be reco..

Category: Property Law | Date: | Hits: 24

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......of Awami League on 9.2.98 and 17.2.98 respectively, violating party discipline. 3. Thereafter, in pursuance of a deci­sion taken by the Standing Committee of the B.N.P. presided over by the Chairperson and leader of the opposition, Begum Khaleda Zia, the petitioner No. 1, Mr. Khondkar Delwar Ho..

Category: Constitutional Law | Date: | Hits: 171

Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)

.... ......or his failure to abide by the provisions of the project proforma. The government being a party to these project roforma has bounden duty to abide by any of its provision in the same way as any other person acting under it is bound. Therefore we held that the project proforma of these development pr..

Category: Employment/Service Law | Date: | Hits: 106

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......e present Government of Awami League on 9.2.98 and 17.2.98 in violation of the discipline of the party. In pursuance of a deci­sion taken by the Standing Commit­tee of BNP presided over by the Chairperson of BNP and Leader of the Opposition, Begum Khaleda Zia, Writ-Petitioner No. 1 (respondent No...

Category: Constitutional Law | Date: | Hits: 138

State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)

....t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ......ccused respondents from the charge levelled against them. 3. The prosecution case, in short, are that there had been a continuous enmity between the informant party and the F.I.R named accused persons including the con­vict appellant number 1 over the landed property since long; that on 28.1..

Category: Others | Date: | Hits: 66

State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)

....nce on record and call for no interference by this Court.  Accordingly this petition for leave to appeal is dismissed.  Ed.  This Case is also Reported in: VII ADC (2010) 353. ......rs.  2. The facts, in short, are that Md. Jashim Uddin @ Bachu lodged an F.I.R. at Nikli Thana on 20.05.1998 at 14.30 hours alleg­ing, inter alia, that on 20.05.1998 at 10.00 A.M. 49 accused person including the accused appellants being armed with pipegun, ramdao, holong kirish, rod etc. ca..

Category: Criminal Law | Date: | Hits: 294

Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)

....ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......the immediate past Government demand­ing submission of the statements of all immovable and movable properties owned and possessed in his name and in the name of his wife or in the names of any other persons and the source of acquiring/own­ing such property. 5. On 20.06.2007 the respondent N..

Category: Others | Date: | Hits: 106

State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)

....ion is accordingly discharged and the respon­dents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ......igh Court Division an application under section 498 and obtained ad interim antici­patory bail. 5. We simply fail to understand use of the word anticipation.' Under certain circum­stances, a person may be apprehended by the police but in the instant case, a case under section 143/323/324/32..

Category: Others | Date: | Hits: 61

Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)

.... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ...... 5. We have heard the learned Advocate-on-Record, and perused the Order passed by the High Court Division and the Artho Rin Adalat. 6. A company incorporated under the Companies Act is a juristic person. A share­holder is not the owner of the company or its assets. The company itself owns its p..

Category: Banking Law | Date: | Hits: 77

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......n the eye of law inasmuch as without delisting the suit land from the aforesaid notifi­cation dated 18.11.1961 published in the gazette on 30.11.1961 the same could not be transferred legally by any person to any other person and thus the sale deed in ref­erence has no validity and the transfer ha..

Category: Property Law | Date: | Hits: 21