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Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ...... taking over the industrial unit as an abandoned property under P.O.No.16 of 1972 the appellants could not claim the shares of the said company or the industry itself/ the shares of which having been lawfully vested in the Government. The' Bangladeshi shareholders of M/S. Bella Artifitex Industries ..Category: Business or Commercial Law | Date: | Hits: 195
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ...... as such, the judgment and order of the High Court Division is erroneous and liable to be set aside. The learned Advocate-on-Record also submitted that the High Court Division without considering the law and facts has sent back the case on remand to the trial Court for rehearing and thus, committe..Category: Property Law | Date: | Hits: 64
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......ous appeal is 30 days. From the above discussion it is quite clear that the Artha Rin Adalat is not an ordinary Civil Court but a Special Civil Court. 16. The question is whether under the special law i.e. (Artha Rin) Adalat Act a Cross‑objection is maintainable. In this connection it appears t..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......7 pending before the Metropolitan Special Judge, Dhaka in exercise of writ jurisdiction under Article 102 of the Constitution. 2. The above proceedings arose out of the following facts:- 3. The law enforcing agencies seized a duty free vehicle from the basement of UTC Bhaban, Panthapath, Tejga..Category: Anti-Corruption Laws | Date: | Hits: 214
....ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ......the shore tanks. He next submits that the Courts below completely misread and non-considered the oral and documentary evidence on record and passed the impugned judgments which are not sustainable in law. He further submits that the vessel, after discharging the entire consignment of the tallow in b..
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
.... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ......ney of the Academy while he was Class III employee of the Academy discharging his duty as Cafeteria Manager of the Academy. The learned Advocate Mr. Ahmed further argues that the petitioner have been lawfully dealt with in the departmental proceeding as all the requirement of domestic proceeding has..Category: Employment/Service Law | Date: | Hits: 64
Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......rd appearing for the petitioners submitted that the preemption case has been dismissed by the lower Appellate Court, which has been approved by the High Court Division, on misconception of fact and law. The disputed case holding being appertained to raiyati khatian and situated in the rural area i..Category: Property Law | Date: | Hits: 76
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ......d has been falsely implicated in this case and no arms was recovered from his possession. 6. The trial Court without proper appreciation of the evidence on record and misconception of the relevant law convicted the accused appellant under Section 19(A) of the Arms Act. On appeal the High Court Di..Category: Criminal Law | Date: | Hits: 76
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....and order 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: 19 BLT (AD) (2011)166.......ndents along with other accuseds as his assailants and the above dying declaration having been made by the victim on the apprehension of the approaching death has a great degree of sanctity under the law and thus being a substantive evidence and as good as other evidence the above dying declaration ..Category: Criminal Law | Date: | Hits: 56
.... decision 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: 19 BLT (AD) (2011)163.......k to comply with the recommendations of the said Committee of Estimates dated 17.4.2001 should be complied with by the respondents Nos.2 and 3 and that the actions of Agrani Bank are illegal, without lawful authority and in breach of section 9(1) of the said Order whereupon the High Court Division b..
Category: Civil Law | Date: | Hits: 77
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....e above, 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: 19 BLT (AD) (2011)140. ......ue of her father who was a renowned businessman of Patenga. 4. Mr. Mihir Kanti Majumder, learned Advocate, appearing for the petitioner submitted that the High Court Division fell into an error of law in making the Rule absolute ignoring the fact that the trial Court considering all the relevant ..Category: Property Law | Date: | Hits: 93
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
....the above, 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: 19 BLT (AD) (2011)135.......case examined two witnesses. 5. Mr. Md. Aftab Hossain, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division as well as the trial Court committed error of law in not considering the fact of the prosecution case stated in the FIR by the informant of the ca..Category: Criminal Law | Date: | Hits: 75
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....Mogbazar as his vendor and having in dilemma, lastly gulped Shamsul Kabir Humayun Reza of Bara Mogbazar as his vendor by accepting the heirs added/substituted in place of Defendant No.1 but without amending the material statements or prayer of the plaint. 36. The heirs of Shamsul Kabir Humayun ......ime limit for registration the deed of sale as per agreement and out of consideration money defendant has received Tk.38, 20,000, plaintiff thus constrained to issue a notice on 1-12-2003 through his lawyer upon the principal defendant No.1 requesting him to complete all formalities for registration..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......ence by condemned-prisoner Lebu Miah. He further submits that in the facts and circumstances of the present case the dying declaration is highly suspicious and doubtful and the trail Court erred in law in convicting the Lebu Miah relying upon the said dying declaration. Mr. Khan further submits th..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......e deposition of P.W.5 inconsistent with his earlier statement in his deposition appears to us not to have been correctly recorded. D.W.1 Almat Ali is defendant No.10 and D.W. 3 Sirajul Huq son‑in‑law of Kadam Ali is defendant No.6. He also attested the sale deed executed by Kadam Ali in favour o..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......ntiff is taking a plea of fraud must specifically plead and prove the same. Although 'undue influence', 'fraud', 'misrepresentation' are cognate vices may, in part, overlap in some cases, they are in law distinct categories, and are in view of Order 6 Rule 4 read with Order 6 Rule 2 required to be s..Category: Property Law | Date: | Hits: 49
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......rder of the executing Court. The auction-purchaser, the present appellant contested the writ petitions by filing affidavits-in-opposition contending that the executing Court has committed no error of law in accepting his tender, that there was no compromise between the decree holder and the judgment..Category: Civil Law | Date: | Hits: 90
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......nel, who are interested and not vital. There are discrepancies of evidence and the learned tribunal failed to consider it he contradiction and discrepancies among the witnesses and committed error of law in convicting and sentencing the appellant. The prosecution was not able to prove the case beyon..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......in the charge sheet against the accused petitioner is considered in its entirety and taken to be true the same does not disclose any offence against the petitioner under the aforesaid sections of the law. He next submits that, it has been specifically stated in the F.I.R. as well as in the charge sh..Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248.......e case land filed the case in 1983 long after 5 years as such the case was barred by limitation. He finally submits that the judgments and orders passed by the Courts below resulted in an error of law occasioning failure of justice and as such those are liable to be set aside. 9. None appear..Category: Property Law | Date: | Hits: 91
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