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Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......llar was recovered from his boot shoe, prior to the occurrence he along with Inspector Nasiruddin was enjoying movie show at Janaki Cinema Hall. After the show while they were coming out an unknown person pushed Md. Nasiruddin from the back for which he blamed him for such cause but he in collabo..Category: Criminal Law | Date: | Hits: 40
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
....the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ......ntiff did not contest the suit. 14. Be that as it may, notwithstanding the practice, even if any, prevalent in the town of Mymensingh allowing sale of possession by a tenant in favour of any person, the law does not recognize any such sale of possession and the vendee thus does not acquire..Category: Property Law | Date: | Hits: 31
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......r. 4.The High Court Division by its judgment and order dated 31.03.1998 held that Section 28 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 provides that any person interested who has not accepted any award made by the Deputy Commissioner within 45 days fro..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......s-examination was that deceased Chapa was injured by some miscreants from outside the window while she was sleeping in the night before and the miscreants had come to take away the ornaments from her person and that the respondents have been falsely implicated in the case at the instance of interest..Category: Criminal Law | Date: | Hits: 94
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......inquiry reports it appears that in some cases the respondent has only followed the foot-steps of his predecessors who adopted the procedure. He has not created any new situation for which he may be personally held responsible and in some cases he has simply caused a situation for the department t..Category: Administrative Law | Date: | Hits: 94
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ...... cease, was premature and incompetent. A notice under section 17 of the Act is issued in an executive capacity under authority granted by the statute and if such a notice is issued by an unauthorized person or the allegations made therein do not attract the mischief of that section then such a notic..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......rpur PS, but he remained absent and engaged opposite party No. 15 Shahidul Islam, an Assistant Teacher of the said Madrasha to perform the duty of Assistant Presiding Officer in his place by false personation, This was done for influencing the voters to cast their votes in favour of opposite par..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ...... Committee consisting of 26 members wanted to oppose the application by impleading them as defendants in the application. The District Judge observed that he was not acting as a District Judge but as persona designata and refused to implead them. He found that the Mela Committee had violated the ter..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......ation which was forwarded to the respondent No. 2 on December 15, 1976, he fixed December 18, 1976, as the last date of submission of nomination papers. The nomination papers of all the seventeen persons including the appellant were rejected by respondent No. 3 after scrutiny on December 20, 19..Category: Election Law | Date: | Hits: 114
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ...... frustrating the suit and even on his own showing the appellant cannot have a legal claim in the property left by the wife of Brinchilal Moitra. The learned Counsel further submits that addition of a person having no interest or claim in the suit property was wrongly allowed by the learned Munsif...Category: Tenancy Law | Date: | Hits: 142
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......hile rule 4 lays down the procedure to be followed in case of death of one of several defendants or of a sole defendant, Sub-rule (2) of rule 9 of Order 22 lays down that the plaintiff or the person claiming to be legal representative of the deceased plaintiff or the assignee or the re..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......ed issued or made. (2) Annulment of any judgment, decision, decree, writ, injunction or order under sub-paragraph (1) shall not disturb or otherwise affect the right or interest of any person in any property which before the commencement of this regulation, has been actually and e..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......shortage of fund in the account in question.………………………….(13 & 14) The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881); section 138 After issuance of cheque by any person in favour of drawer the subsequent act of the person drawing the cheque in stopping the chequ..Category: Criminal Law | Date: | Hits: 138
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
....ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ......ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ..Category: Civil Law | Date: | Hits: 111
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ed 9-5-1998 was registered under sections 147/347/379 of the Penal Code and after investigation the police on 8-9-1999 submitted charge sheet under sections 143/447/379 of the Penal Code against 33 persons including the accused petitioner. Then, on 4-11-1999 the learned Magistrate framed charges ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......ection 8 of the Act 20 of 2000 is beyond the scope of Article 133 of the Constitution, inasmuch as Article 133 does not empower the Parliament to vary the terms and conditions of the service of the persons in the service of the Republic, such inter-transferability and consequent seniority being a..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......f Bangladesh, 1972, Article 35(1) Article 35(1) of the Constitution only prohibits conviction or sentence under an ex post facto law (a law having retrospective effect) but not the trial itself. A person accused of an offence has no fundamental right to be tried by the specified Court or the proc..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......h position which can only be offered and which one should regard as an honour to be invited to fill and if for any reason, justifiable or not, the Government choose not to offer it to the deserving person, it may result in detriment to public interest for which the Government may have to account..Category: Constitutional Law | Date: | Hits: 124
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......s and also challenging acquisition of the above total 2.85 acres of land in LA Case No. 1 of 84-85. 2. The respondent No.1 filed the above writ petition stating that he, also with another person, purchased the above 0.19 acres of land of RS Plot No. 6156 by kabalas dated 10-1-1978,..Category: Labour and Industrial Law | Date: | Hits: 83
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