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State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)

....large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ......torney General and the learned counsel appearing for the respondents. It is contended that the High Court Division on a superficial consideration of the evidence on record disbelieved the prosecution case, inasmuch as, P.Ws.3, 5, 8 and 9 who are eye witnesses of the occurrence have been corroborated..

Category: Criminal Law | Date: | Hits: 69

State Vs. Lieutenant Colonel Syed Farook Rahman (Rtd.) and others, 2011, 40 CLC (HCD)

....executed, and therefore, these petitions have been abated. In view of the submission of the learned counsel, these petitions are dismissed as being abated. Ed. This Case is also Reported in: ......t Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State…………………………………..Petitioner (In all the cases) Vs. Lieutenant Colonel Syed Farook Rahman (Rtd.)………Respondent (In Criminal Petiti..

Category: Criminal Law | Date: | Hits: 85

Director General, Bangladesh Railway and others Vs. Sher-e-Bangla Market Dokander Bohumukhi Samobaya Samity Ltd., 2012, 41 CLC (AD)

.... appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ade full payment of the price as assessed. We are of the view that the decision of the High Court Division is well-reasoned, and based on proper appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed...

Category: Civil Law | Date: | Hits: 70

Chutta Miah Vs. State, 2004, 33 CLC (HCD)

.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......dated 19‑2‑2004 passed by the Additional Sessions Judge, 1st Court, Brahmanbaria in Sessions Case No.104 of 2001 rejecting the prayer for recalling the witnesses for cross-examination. 2. The case of the prosecution is that the petitioner along with other co-accused was being tried on the ch..

Category: Criminal Law | Date: | Hits: 68

Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)

....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607......./302 of the Penal Code, now pending in the Divisional Druta Bichar Tribunal, Barisal, on the ground that the petitioners are men of Boga Union Parishad within Patuakhali district and that the present case having been transferred to Barisal Divisional Headquarter has created inconvenience to the peti..

Category: Criminal Law | Date: | Hits: 86

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......­-2003 passed by the Special Tribunal No. 5, Dinajpur in the said Special Tribunal Case No. 41 of 1996 should not be declared to have been passed illegally. 2. The petitioner in this Miscellaneous case stated, inter alia, that on 9‑4‑1991 at about 16.00 hours one Abu Taher, Habildar of BDR, a..

Category: Criminal Law | Date: | Hits: 73

Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)

....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......ose. It is alleged further in the first information report that the petitioner also asked for arranging a mass rally in Dhaka for the aforesaid purposes. With the allegation as aforesaid, the instant case was brought with the police station, which was registered under section 120A and 120B/34 of the..

Category: Criminal Law | Date: | Hits: 81

Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)

....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......aning contractor for Zia International Airport, Dhaka, and by the second tender notice, the date for submission of tender was extended from 20‑2‑2002 to 10‑3‑2002. 2. The background of the case, in brief, is as follows: The petitioners claim that they have been working as Cleaners and ..

Category: Employment/Service Law | Date: | Hits: 125

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......aint; and also for direction for return of said title deed and for compensation of Taka 75,00,000 as damages. The suit was ultimately, renumbered as aforesaid Title Suit No. 197 of 2001. 3. Plaint case, in short, is that defendant No. 2 Shawkat Ali was proprietor of Gold Star Lines and Trans Bang..

Category: Civil Law | Date: | Hits: 109

Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)

....e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......erty should not ordinarily be dislodged from possession by putting the disputed property in the custody of the receiver unless it is clearly found expedient in the interest of justice. In the instant case, there is nothing on record to indicate exigency of circumstances that may justify the appointm..

Category: Civil Law | Date: | Hits: 89

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......ed the appellant under section 302 of the Penal Code and sentenced him to imprisonment for life with fine of Taka 5,000 in default to suffer rigorous imprisonment for 5 months more. 2. Prosecution case has been narrated by Md. Jahangir Alam (PW 1), a Sub‑Inspector of Police of Cox's Bazar Polic..

Category: Criminal Law | Date: | Hits: 128

Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......e to follow and giving a right to appeal, no application under Article 102 of the Constitution is maintainable before exhausting such appeal procedure. 11. In support of the submissions, following cases were cited : 42 DLR (AD) 86, Begum Lutfunnessa Vs. Bangladesh, 48 DLR (AD) 171; The Secretary,..

Category: Others | Date: | Hits: 185

Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observa­tion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ......directed the writ respondents to allow the writ petitioner to contest the election for the post of Councilor for Ward No.2 of Narayangonj City Corporation. 11. Having considered all aspects of the case, it appears that the High Court Division should not have disposed of the writ petition without ..

Category: Election Law | Date: | Hits: 250

Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)

.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39....... Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 17 BIT (AD) 41. Lawyers Involved: Md. Asaduzzaman, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner (In both the cases) Md. Khurshid Alam Khan, Advocate instructed by AKM Shahidul Haque, Advocate-on-Record-For ..

Category: Criminal Law | Date: | Hits: 75

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......ew to depriving the plaintiff. Defendant No.1 in the meantime divorced the plaintiff. Hence the suit has been filed. 3. Pro-forma defendant No.3 contested the suit by filing written statement. His case, in short, is that the plaintiff's suit cannot be maintained in its present form and that there..

Category: Property Law | Date: | Hits: 81

Govt. of People's Re­public of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)

....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......rm the Government of Bangladesh and till executive acts of the Government will be expressed in the name of the President but the President cannot act, except on the advice of Prime Mini­ster save in case of appointing the Prime Mini­ster. The Prime Minister is the head of cabi­net and the cabinet..

Category: Criminal Law | Date: | Hits: 63

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ......sion. Annexure-B is the Judgment of the Appellate Division passed in Civil Petition for Leave to Appeal No.354 of 2004. In that Judgment the Appellate Division observed as under: ''In the instant case from the materials on record it is seen that BJMC acted illegally or for that matter Government..

Category: Criminal Law | Date: | Hits: 83

Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)

.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......ouse from the disputed land. 2. The opposite party No.1 filed an application under section 96 of the State Acquisition and Tenancy Act against the present petitioners and others to pre-emption the case land as co-sharer of the case holding. The case was resisted by the pre-emptee petitioners deny..

Category: Property Law | Date: | Hits: 70

Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)

.... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ...... the civil suits instituted by both the parties against each other. 4. Mr. Syed Abu Kowser, learned Assistant Attorney-General for the State, opposes the Rule. 5. Considering this aspect of the case we find that the said criminal proceeding is required to be quashed to secure the ends of justi..

Category: Property Law | Date: | Hits: 75

Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)

....to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......and Usha Rani Dutta, as brother and mother respectively of said Rana Dutta, made an application under Order 1 rule 10 of the Code of Civil Procedure for adding them as co-petitioners in the aforesaid case. By the impugned order said application for addition was rejected. Hence, the Rule. 4. Mr..

Category: Property Law | Date: | Hits: 69