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Special Reference No.1 of 2009, 38 CLC (AD)
....arisen as to under which laws, that is, whether under the said laws applicable to BDR, the Penal Code or the Army Act, 1952, the trial of the alleged offenders may be legally held to meet the ends of justice. 13. And whereas the following inadequacy and limitations of the said laws applicable to ......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....ants having been proved by cogent and probable witnesses, the High Court Division erred in law in setting aside the conviction and sentence of the accused appellants causing serious miscarriage of justice. He lastly submits that the reasonings given by the High Court Division for discard the con......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ..Category: Criminal Law | Date: | Hits: 53
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......xure X also contains no Memo number and also conspicuously divulges the absence of the signature of the Executive Engineer and similarly Annexure-E is also a fraudulent and collusive document where the signature of the Executive Engineer is not shown; the concerned lands are still ..Category: Property Law | Date: | Hits: 34
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....gh Court Division erred in failing to consider that the plaintiff failed to specifically identity the suit land as set out in the schedule to the plaint and as such there has been a failure of justice warranting interference by this Court. 7. We have heard the learned Advocate-on-Rec......e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ..Category: Property Law | Date: | Hits: 29
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......nd Tenancy Act and that the plaintiff got himself added as a party in the said proceeding and thereafter the plaintiff filed a criminal case asserting that the aforesaid gift deed is a forged document, being Complaint Case No. 153 of 1985, pending in the Court of A.D.M. and that the said d..Category: Property Law | Date: | Hits: 54
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... the contemner No. 2 and 5 committed contempt of this Court. We find that pursuant to the order dated 27.09.2007, the petitioner has already been reinstated in his post, in our view, the justice should be met, if we take a lenient view in awarding punishment to the above contemner...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ..Category: Criminal Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....dant-respondent but upon permission to argue on behalf of the respondent sought by the learned Counsel for the purpose, we have heard Dr. M. Zahir for the respondent in order to secure end of justice. 14. Dr. M. Zahir, learned Counsel, appearing for respondent while support­......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..Category: Property Law | Date: | Hits: 41
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
.... prisoner, Abul Kashem and the accused appellant, Anowar Hossain Pinto started for BuriĀchang without waiting for the arrival of the Chairman with dagger in their hands saying that they would demand justice from the Chairman on the way. At that time, the accused Nabalak Mia (since acquitted) called......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ..Category: Criminal Law | Date: | Hits: 53
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......elease the goods against letters of indemnity issued by the Bank. It was further contended that the L/C opening Bank did not present the invoices connected with the five bills of lading because the documents submitted were not in compliance with the letters of credit and therefore, were refu..Category: Business or Commercial Law | Date: | Hits: 178
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....r case falling under Exception 4 of the Section 300 of the Penal Code and punishable under part II of Section 304 and not under Section 302 of the Penal Code and as such there has been a failure of justice and there has been serious prejudice to the appellants. Leave was granted to consid......Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ..Category: Criminal Law | Date: | Hits: 50
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
.... that the assessee-petitioner acquired a right to have his appeals heard in accordance with law only after disposal of his applications for waiver in reference and thereby the principle of natural justice has been violated and therefore the impugned orders are bad in law. 8. Since it appe......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ..Category: Fiscal/Taxation Law | Date: | Hits: 89
Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)
....he prosecution case is admitted the conviction under Section 302/34 of the Penal Code is not sustainable in law and as such, the impugned judgment and order needs to be reviewed for the interest of justice. 4. Review is not and alternative to an appeal. In order to invoke the provision of ......elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ..Category: Criminal Law | Date: | Hits: 47
Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)
....e of the view that the High Court Division did not any kind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......der section 150 of the State Acquisition and Tenancy Act being Miscellaneous Case No. 24 of 1996-97 but the said case was disallowed on the ground that the so called deed of gift was a forged document. 3. The complainant came to know about the aforesaid forged deed of gift and therea..Category: Criminal Law | Date: | Hits: 57
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....including himself, which was neither brought to the notice of the learned court nor the same was at all taken into consideration by the High Court Division and therefore, there was a miscarriage of justice. 8. We have hared the learned Advocate for the petitioner and perused the impugned j......n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ..Category: Criminal Law | Date: | Hits: 96
Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)
....ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ..Category: Property Law | Date: | Hits: 22
Abdul Halim and another Vs. Sheikh Abdullah and others, 2008, 37 CLC (AD)
....ll define the land in suit does not hold good in view of the findings that the Advocate Commissioner could not accomplish his duty as per direction in the writ, the High Court Division failed to do justice in the case and calls for interference by this Court. 5. The report of the Adv......d no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 581. ..Category: Property Law | Date: | Hits: 30
Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)
....n for D.N.A. Test prematurely failing to consider the subject matter and prayer of the Family Suit and provisions of law applicable thereto resulting in an error in decision occasioning failure of justice. 5. It appears from the record that the plaintiffs filed the suit for dower and main......ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ..Category: Family Law | Date: | Hits: 280
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....of the instant suit. The learned Advocate further submitted that the rejection of the application of the applicant No.1-11 for addition ad defendants in the suit occasioned miscarriage of justice without considering that the fate of the existing parties to the suit in respect of suit pr......e find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ..Category: Property Law | Date: | Hits: 25
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....eous Case by the High Court Division for restoration of the said Title Suit which was dismissed for default. He next submits that the Appellate Division erred in dismissing the case in the ends of justice and for the sake of complete justice, the appeal should have been allowed. 9. We hav......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ..Category: Property Law | Date: | Hits: 23
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....e above view of the High Court Division as it is a settled principle of law that the object of sentence should be to see that crime does not go unpunished and the society has the satisfaction that justice has been done and it will be a mockery of justice to permit the offender to escape the extr......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ..Category: Criminal Law | Date: | Hits: 50