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

.... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ...... 4.  The respondents are the named accused in the case filed on FIR No. 05/278 dated 4-11-2009 under sections 143/323/324/325/326/307/302 for the Penal code on certain allegations and accordingly investigation start­ed thereon. The respondents being named accused avoided to surrender before the..

Category: Others | Date: | Hits: 81

Anti-Corruption Commis­sion Vs. Sigma Huda and another, 2008, 37 CLC (AD)

....nd 27 of the Anti-Corruption Commission Act, 2004 and section 109 of the Penal Code alleg­ing, inter alia, that the informant has been working as an enlisted contractor with the Roads and Highways Department under the Ministry of Com­munications since 1988 and received 5(five) work Orders from the......nd 27 of the Anti-Corruption Commission Act, 2004 and section 109 of the Penal Code read with section 15 of Emergency Power Rules, 2007. 3. The matter was taken up for investiga­tion and after investigation, the investigation officer submitted a charge sheet dated 4-6-2007 against the respond..

Category: Anti-Corruption Laws | Date: | Hits: 143

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....ssistant Secretary (Drafting) and Assistant Secretary (Drafting). Rule-7 of the said Rules provided for absorption of Officers of Judicial Service in the Legislative Drafting Wing on their option and particularly rule-7(2) provides that any person once absorbed in this service shall not be allowed t......trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ..

Category: Constitutional Law | Date: | Hits: 207

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....que being dead his heirs Hasina @ Ila Begum and others................Respondents (In both cases). Judgment June 30, 2009. Cases Referred To- Chitta Ranjan Sutar Vs. Secretary, Judicial Department, 17 DLR 451; Abdul Majid Bepari Vs. Kashem Ali Maloo, 27 DLR 1; Shanmughasundaram Filial Vs......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ..

Category: Property Law | Date: | Hits: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....e had such permission. (4) Where the person guilty of an offence under this Act is a company or other body corporate every director, manager, secretary and other officer thereof who is knowingly a party to the offence shall also be guilty of the same offence and liable to the same punishment." ......a) and (b) of the Special Powers Act, 1974, section 23 of the Foreign Exchange Regulation Act, 1947 and column 8 section 156 (1) of the Customs Act, 1969. 4. The police thereafter having completed investigation submitted charge sheet on 5.7.2007  under section 25(B)(2) of the Special Powers Act ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

....spondent No.7 and his 3 other full brothers and 4 sisters. That the respon­dent No.7, his mother and 7 full brothers and sisters are the legal owners of land in question in C.S. Plot Nos. 65, 94 and part of 95 and have been possessing the afore­said land in question for the last 57 years. That the......the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009...

Category: Tenancy Law | Date: | Hits: 214

Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)

....surrender before the High Court Division by 31st January, 2009. The said Division Bench took up the said application for hearing and by order dated 11th January, 2009, allowed the said application in part and directed the law enforcing agencies "not to arrest and otherwise harass the petitioner befo......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..

Category: Anti-Corruption Laws | Date: | Hits: 211

Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)

.... daughters viz. Nos. 3 and 4 and the wife plaintiff No. 2; During lifetime of Badruzzaman defendant No. 5 looked after the suit property. After death of Badruzzaman plaintiff Nos. 3 and 4 asked for partition of the suit land to the defendant No. 5; on 11.01.1981 defendant No. 5 disclosed that sc...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ..

Category: Property Law | Date: | Hits: 92

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

.... by the accused persons to the complainant petitioner. Thereafter, the complainant further supplied 30 M. tons of aluminum iron worth Tk. 35,11,000/- and accordingly submitted the bill, against which part payment of Tk. 30,00,000/- was made. Thus balance amount of Tk. 5,11,000/- remained unpaid agai......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..

Category: Criminal Law | Date: | Hits: 163

Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)

....01 and Title Appeal No. 95 of 2001 allowing the appeals reversing those of dated 09.08.2001 passed by the Senior Assistant Judge, Sadar, Jessore in Title Suit No. 179 of 1993 decreeing the suit in part. 2. Both the petitions for leave to appeal arose out of the common judgment and order d......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ..

Category: Property Law | Date: | Hits: 90

Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)

....ase, in short, are that, the predecessor of the plaintiff-respondent instituted Title Suit No. 71 of 1983 before the learned Subordinate Judge (now Joint District Judge), 1st Court. Mymensingh for partition and declaration of title and recovery of khas possession of the suit land described in th......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ..

Category: Procedural Law | Date: | Hits: 143

Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)

....r herein were present and both the bidders were requested bidders were to give new proposal in writing, but the writ petitioner in a written application intimated that it was not possible on their part to increase their rate more, whereas the other bidder M/s Banna Enterprise submitted an applic......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..

Category: Civil Law | Date: | Hits: 149

Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)

....h Court Division in First Appeal No.71 of 1979). Order           Mohammad Fazlul Karim, J.- Defendant in a suit for declaration of title, partition and declaration that Wasiatnama dated 1.11.1962 and settlement nama dated 6.11.1968 exec......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 97

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....earned Chief Justice, whereupon the matter was placed before the learned Chief Justice for an appropriate order and the learned Chief Justice was pleased to pass an order on 17.04.2007 directing this particular bench to hearing and dispose of the matter. 5. Upon receipt of the said order dated 1...... emergency, it is not permitted to ask for any remedy or to dispute any injunction, except the final verdict, in any higher court or tribunal during probe, case filing or First Information Recording, investigation, pre trial procedures or during the trial under any act mentioned in this provision or..

Category: Criminal Law | Date: | Hits: 101

State Vs. Chandan Ali and others, 2009, 38 CLC (AD)

....e when the accused Zakir Hossain caused sarki blow to the chest of her husband through the window. She and her husband caught the sarki. The said Zakir Hossain and Chand Ali were pulling the bamboo part of the sarki from out side. 3. On their hue and cry, the witnesses came there and saw ...... could not succeed. However, the accused are of same group jointly killed the victim with preplanned manner. Accordingly, the aforesaid police station case was started. 4. The police took up investigation, vis­ited the place of occurrence, prepared sketch map with separate index there..

Category: Criminal Law | Date: | Hits: 68

M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)

.... defendant-leave petitioner moved the High Court Division in Writ Petition No.8047 of 2005 and the Rule issued thereon has been discharged by the impugned judg­ment and order, after hearing the parties, observing, amongst others, that:- "It is evident from the plaint, of...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ..

Category: Civil Law | Date: | Hits: 152

Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....d agreement date 30.03.2000, the respondent No.1 served a Notice of Arbitration dated 30.05.2005 on the peti­tioner No. 1, pursuant to such notice, arbitration proceeding commenced between the parties. 7. The respondent No.1 as claimant filed a statement of claim, claiming Tk. 202,47,......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..

Category: Alternative Dispute Resolution | Date: | Hits: 344

Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)

....question of permis­sive possession of the defendants on the date of institution of the suit filed by the plaintiff was not an issue in any suit and that was not finally adjudicated between the parties in the suit filed by the plaintiff, that from the defendants' side no paper relating to the...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ..

Category: Property Law | Date: | Hits: 82

Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)

.... 19.04.1977 showing transfer of the suit land by Dr. Sadeq Ali in favour of the defendant No.1; the said deed was never executed by Dr. Sadeq Ali and no consid­eration also passed; in the later part of the year 1981 the defendant No.1 claimed the suit land on the basis of the said deed of heb......o.1 claimed the suit land on the basis of the said deed of heba-bil-ewaz and hence the suit. The plaintiff thereafter also filed a complaint to the and Corruption Officer, Rajshahi and then during investigation the above deed of heba-bil-ewaz was sent to the expert for comparing the land writing..

Category: Property Law | Date: | Hits: 87

Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)

....made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......erforming the seba puja of the deity. The defendant took away the idol from the puja ghar only to grab the debottor property and he made a G.D Entry with a false statement on 28.09.1992. But after investigation the officer-in-charge of the said Thana arrest­ed him and carried him on the back..

Category: Civil Law | Date: | Hits: 110