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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. ......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. ......ected from a judgment and order of the High Court Division quashing the proceedings in Metropolitan Special Case No.49 of 2007 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 fol..Category: Anti-Corruption Laws | Date: | Hits: 214
....anks cannot be taken into consideration and prior to that, upon the arrival of the vessel at Chittagong port and prior to commencing discharge, an ullage survey was carried out according to which the total quantity of cargo ascertained on board the vessel was 1007.278 metric tons in total against th......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. ......ks.
13. It is a clear case where the Courts below have committed an error of law resulting in an error in the decisions occasioning failure of justice and, as such, this Court under its revisional jurisdiction is inclined to interfere with the concurrent findings of the Courts below. I am of the ..
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. ...... 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. ...... 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. ..Category: Employment/Service Law | Date: | Hits: 64
....sh Parliament. Thereafter the respondent No.3, vide letter dated 16.10.2002, informed the petitioner that before remittance of interest could be considered, the petitioner have to deposited 5% of the total unpaid loan in advance and to promise that the rest of 5% would be deposited within 30 days of...... 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....... 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...
Category: Civil Law | Date: | Hits: 77
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....nt family properties. The learned Advocate finally submitted that the High Court Division fell into an error of law in accepting the Commissioner's report as revisional Court without adverting to the total set of vital objections raised by the defendants and did not at all consider that share table ......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. ......considering almost all aspects of raised objection as to question of fair and equitable partition and such finding of the trial Court do not suffer from any misreading and non consideration to invoke jurisdiction under Section 115(1) of the Code of Civil Procedure. The learned Advocate further submi..Category: Property Law | Date: | Hits: 93
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....le property and while principal-defendant No.1 was in possession having right, title, interest thereto entered into agreement with the plaintiff on 29-12-2002 for sale of the scheduled property for a total consideration of Tk. 1,65,00,000 and a deed of agreement for sale was signed and executed on 2......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ...... determine a case finally, as the Appellate Court, shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in respect of suits instituted therein and since depositions and exhibits before my..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....ouse at about 4-00 PM but the alleged incident took place more than 3 hours later and the prosecution failed to bring any evidence what was happened in between 4-00 PM to 7-00 PM. Moreso, prosecution totally failed to establish the common intention of Swapan in committing the murder and as such he p......antial evidence, which is corroborative in nature in support of the alleged dying declaration against the condemned-prisoners Lebu Miah, Masud, Swapan, Apple and Al-Amin. We are of the view that in absence of any direct or circumstantial evidence relying on a doubtful dying declaration, they canno......ssions Judge without giving any cogent reason took cognizance against Lebu Miah along with other accused persons in a lump and mechanically and as such the trial of Lebu Miah is illegal and without jurisdiction. 10. Mr. Rehan Hossain, learned Advocate with Ms Asma Akhtar appeared in Criminal Ap..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.......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.......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...Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ted deed. Besides claiming title, the plaintiff sought for rectification of the impugned deed under section 31 of the Specific Relief Act. The Court of appeal below as well as the High Court Division totally confused as to the nature of the suit the plaintiff was required to file for the relief. The......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. ......Judge, First Court, Sylhet who heard the said appeal reversed the judgment of the trial Court and decreed the suit. The Single Bench of the High Court Division, however, in exercise of its revisional jurisdiction against the said judgment and order of the Court of appeal below, set aside the judgmen..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.......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.......une, 2003 for payment of the rest of the decreetal dues, and the selling of the property without publication or advertisement in the newspaper is not authorised by the law, and that the Adalat had no jurisdiction to sell the property in such manner it sold to the respondent No.5. 6. It is contend..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. ......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. ......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. ..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.......? (8) Why the statement of Mr. Ahmed Abdul Gani, another Director of the Sports Council and a peer of Mr. Mr. Habibur Rahman, should be recorded, to make out a case against the petitioner, in the absence of any allegation that the accused-petitioner received bribe from Mr. Habibur Rahman or from......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...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....... 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.......empted. 11. It is a settled proposition of law that concurrent finding of facts based on evidence or other materials cannot be disturbed by the High Court Division in exercise of its revisional jurisdiction under section 115(1) of the Code of Civil Procedure unless it is shown that the findi..Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242......."When the appellate Court as the final Court of fact decides questions of fact and records its findings on consideration of the evidence on record, the High Court Division while exercising revisional jurisdiction cannot interfere with findings of the facts unless the High Court Division is satisfied..Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......the accused petitioner against whom the offence under section 5(i)(c) of the Act was alleged to have been committed during the period while he was admittedly in public office as the president. In the absence of sanction the framing of the further charge has not only caused serious prejudice to the a......al of the cases and the procedure to be followed by the Magistrate. Though there is no specific section in the Special Law for framing charge by the Special Judges while trying the cases within their jurisdiction the provision of sub‑section (3) of section 6 of the Prevention of Corruption Act, 19..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......sturbance, obstruction and interruption from the Presiding Officer or from the Returning Officer to the Election Commission which may warrant a fresh poll in ward No.3. He further submits that in the absence of any such report the Election Commission has acted illegally and without lawful jurisdicti...... The UNO in his report came to the finding that there was a disturbance and interruption during the voting in that ward. Based on this illegal report the Election Commission illegally and without any jurisdiction issued an order which cancelled the election result of ward No.3 of Musapur Union Paris..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......t the impugned order was passed on wrong conception of law. By denying to add the petitioners as parties the trial Court has excluded necessary and proper parties from appearing in the suit. In their absence there will be no effective and proper adjudication of all questions involved in the suit. Mo...... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527...Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......in such period being not less than thirty days from the date of publication of the order, as may be specified therein; and if such person fails to comply with such direction, he shall be tried in his absence". 19. From the above provision of law, it is unambiguous that the alleged offence committ......y the Upazilla Magistrate, Balagaj, Sylhet under section 339B of the Code of Criminal Procedure was not legal and proper as because the notification was not published by the competent tribunal having jurisdiction in compliance with the requirement of law as contained in section 27(6) of the Special ..Category: Criminal Law | Date: | Hits: 86
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......licence of shotgun, one(i) DBBL Rifle with licence, one(i) Air gun, 89 cartridges with two bullets, a licence of Air gun bullets and one licence of NPB pistol in presence of the witnesses, but in the absence of the respondent. On the basis of the said allegation the police started Mirpur P.S. Case N......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......(2) of the Public Servants (Retirement) Act, 1974 do not have application in the cases of government servants like the police constables, Assistant Inspector of Police and Sub-Inspector of Police. In absence of any public interest or in absence of any reason we find that the impugned orders are appa......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169...Category: Employment/Service Law | Date: | Hits: 47
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