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Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......t is necessary to claim recovery of possession. Mr. Matiar Rahman the learned Advocate appearing for the appellant submits that the defendant‑respondents are not trespassers; rather by operation of law they treated the property as enemy/vested property. Now the Court declared that it is not enemy/..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....d period of one year from the date of decision of the acquiring authority, or from the date of award of compensation and secondly, a previous decision based on different cause of action and also on a provision of law which is not applicable will be barred by the principle of res judicata in a subseq......ne year from the date of decision of the acquiring authority, or from the date of award of compensation and secondly, a previous decision based on different cause of action and also on a provision of law which is not applicable will be barred by the principle of res judicata in a subsequent writ pet..Category: Property Law | Date: | Hits: 93
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ...... be ascertained only on evidence and therefore the petition under Section 561A of the Code of Criminal Procedure is misconceived. The High Court Division discharged the Rule on correct principle of law and we find no illegality in the judgment and order passed by the High Court Division and accord..Category: Criminal Law | Date: | Hits: 85
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....court in absentia without making necessary gazette notification as required under Subsection (1A) of Section 6 of the Criminal Law Amendment Act, 1958. It may be recalled here that there is no such provision under Section 6 of the Criminal Law Amendment Act like sub-section (2) of section 339B o......d judgment that "the appellant did not face the trial and as such cannot now challenge the finding of the trial court on facts" needs to reviewed by this Court in view of the established principle of law as already decided by our Supreme Court; the appeal is continuation of the trial and as such the..Category: Criminal Law | Date: | Hits: 89
Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......l Order No.3389 of 2008. Hence this leave petition. 4. Mr. S. N. Goswami, the learned Advocate, appearing for the petitioner, submits that the impugned judgment are based on total misconception of law and contrary to the evidence brought on record and the learned Single Judge of the High Court Di..Category: Property Law | Date: | Hits: 61
Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)
....003 praying for redemption of the mortgaged property on taking principal loan amount of TK.3 lacs and interest of TK.6 lac as double of the principal amount by instalments within one year time as per provision of Section 47 of the Artha Rin Adalat Ain, 2003. The learned Judge proceeded with applicat......petitioner by the impugned order. 3. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the impugned judgment and order of the High Court Division is bad in law and fact; that the High Court Division based on surmise, conjecture and extraneous circumstances..Category: Civil Law | Date: | Hits: 94
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146....... register the sale deed. 3. The defendant No.1 contested the suit and filed written statement denying the material allegations made in the plaint and contending that the plaintiff is his sister in law and being a solvent person she used to give loan to others and thereby earn interest and the def..Category: Property Law | Date: | Hits: 54
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)
....8 and 19 of the Act read as under‑ "18. Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or Subordinate Judge extends, subject to the provisions of section 15 of the Code of Civil Procedure to all original suits for the time being cog......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)
.... Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 read with section 156 of the Customs Act. Therefore, the submission that as the allegations made in the FIR also attracted the provisions of Emergency Power Rules, the writ petitioner was compelled to make the writ petition w......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)
.... Nisi on 15-5-2006. 2. The learned Advocate Mr. Md. Salauddin Dolon, appearing on behalf of the writ petition, at the time of hearing of the rule nisi, while taken this Court through the different provisions of the statute styled বগুড়া পল্লী উন্নয়ন একাডে......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)
....espondents on the day of occurrence and to prove the charge levelled against the respondents beyond reasonable doubt. It appears that against the judgment and order of acquittal, there is a statutory provision for appeal by the State. The State did not take any step against the order of the acquitta......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)
....ication was made before the learned Joint District Judge, First Court, Dhaka for taking deposition of MA Hashem, plaintiff as P.W.1 in jail as he was taken into custody during emergency period as per provision of Anti-Corruption Act. On 1-4-2008 a 3rd party wanted to be added as party against which ......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
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