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Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....Co-Operative Book Society Ltd., having its Head Office at Chittagong is owner of the disputed Shop No.9 situated, at Niaz Monjil, 922, Jublee Road, KotwaJi, Cnittagong. The respondent-opposite party No.1 Mohammad Dastagirul Haq was an unlawful occupant of the case shop and was a well known ......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..Category: Criminal Law | Date: | Hits: 32
State Vs. Md. Rafique, 2007, 36 CLC (AD)
....at the submissions of the learned Advocate for the petitioner have got no merit. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 177. ......gulation with sharee. 3. The P.W.1 lodged F.I.R. regarding the occurrence on 02-09-1999 with the officer-in-charge, whereupon Chokoria Police Station Case No. (9) 1999 was started. The investigation officer held investigation arrested the accused and got statement recorded under Sect..Category: Criminal Law | Date: | Hits: 22
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
....the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ......nt (Pw.1) lodged the F.I.R. at 14.30 house on 06-08-1995 and accordingly, the Bakerganj Police Station Case No. 1(8) 96 corresponding to GR. No. 69 of 1996 was stated. 5. Police took up investigation, visited the place of occurrence, prepared inquest report of the dead body of the de..Category: Criminal Law | Date: | Hits: 38
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....e, 1st Class, Bogra. 2. The prosecution case, in brief, is that the respondent No.2 lodged an F.I.R. alleging, inter-alia, that he deals in cement and the accused-appellant as proprietor and partner of M/S. H. M. Enterprise in course of business transaction purchased cement on credit on d......erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ..Category: Criminal Law | Date: | Hits: 32
Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)
....e management and control of different bodies at different times and 19.10.1991, following a decision of the Cabinet, it was handed over from the control of Biniyog Board to the Public Works Department and even then thereafter, the Ministry of Industries, without the consent and approva......re 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: VI ADC (2009) 121. ..Category: Civil Law | Date: | Hits: 84
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....val of the plan from RAJUK and with a view to derive some unlawful gains erected several Bastighars for earning money through letting out those Bastighars to some persons who are habituated to take part in antisocial activities and thereby creating nuisance and environmental hazards detrim......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ..Category: Property Law | Date: | Hits: 28
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....ricultural Tenancy Act as well as whether pre-emptor is entitled to pre-empt the land transferred on 5.11.1969. It may be mentioned that there was prayer for pre-emption by the some of the opposite parties who got them transposed as co-petitioners in the Miscellaneous case. 4. The trial Co......rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ..Category: Property Law | Date: | Hits: 30
Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)
....led Miscellaneous Case No. 13 of 1996 under order 41, Rule 19 of the Code of Civil Procedure in the court of the learned District Judge, Gazipur. The learned District Judge, after hearing both the parties was pleased to allow the Miscellaneous Case No.13 of 1996 on 26.04.1997 on contest with C.P......ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ..Category: Civil Law | Date: | Hits: 85
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
....s also not made available to him. 5. The writ petitioner challenged the order of removal from service by filing the aforementioned writ petition and the High Court Division upon hearing the parties made the Rule absolute in the manner as stated hereinabove. 6. The learned counsel f......ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ..Category: Employment/Service Law | Date: | Hits: 408
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....ecretary of Sunamgonj Sadar Upazila Awami League was nominated as a candidate in the last parliament election and incurred displeasure and anger of the local MP belonging to the ruling BNP Jamat 4 party alliance. The petitioner has been discharging his duties and functions as the elected Chairma......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 32
State Vs. Ali Hossain alias Ali, 2007, 36 CLC (AD)
....ected papers. 5. The High Court Division dismissed the appeal and maintained the conviction with modification of sentence to the effect that the Respondent was found guilty under section 304 part II and 324 of the Penal Code and accordingly sentenced him to suffer rigorous imprisonment fo......ctim Rubina was shifted to the Orthopedic hospital for better treatment. P.W.1 Md. Awal Hossain heard narration of the occurrence and lodged F.I.R. on 07.10.1989. 3. Police on completion of investigation submitted charge sheet under sections 302/326 of the Penal Code. The trial Court on c..Category: Criminal Law | Date: | Hits: 48
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....53 (SC) 394, Kedar Nath Bajoria vs State of West Bengal reported in AIR 1953 (SC) 404 and Stanley Marks vs United States reported in 430 US 188 in support of his contention against ex post facto law, particularly with reference to our Article 35(1) of the Constitution. The learned Counsel also refer...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..Category: Anti-Corruption Laws | Date: | Hits: 294
Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)
....0 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 41 of 1983 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka for declaration that the oral amicable partition of the properties left by late Mubarak Ali effected by his heirs in the year 1940 which ......cogent ground to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ..Category: Property Law | Date: | Hits: 21
State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)
....ent there, Pw.2 Abdul Malek, father of the deceased, Pw.3, Abdul Kader, Pw.4 Shamsul Hoquc, Pw.8 Rcni Mia, Hanif, Pw. 5 Anu Mia, Aziz and Yeasin Munshi came there running when the accused persons departed. The deceased with severe injuries was shifted to Debidwar Upazila Hospital by the informant......m. informant Suruj Mia lodged First Information Report at Debidwar Police Station mentioning the name of 13 persons including the appellant-respondents as accused. 4. The police took up investigation, visited the place of occurrence, prepared sketch map with separate index of the..Category: Procedural Law | Date: | Hits: 79
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....ad Fazlul Karim J.- This Appeal, by leave, is directed against the judgment and order dated 03.04.2002 passed by the High Court Division in Civil Revision No.830 of 1999 making the Rule absolute-in-part thereby sending the suit on remand setting aside the judgment and decree dated 14.02.1999 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: VI ADC (2009) 54. ..Category: Property Law | Date: | Hits: 23
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
..... 266 of 2000.]) Judgment Md. Ruhul Amin CJ. - This is an appeal which has been allowed in part by majority judgment. The conviction has been maintained, but sentence of Death has been commut......f complaint to the police station and thereupon P.S. Case No. 36 dated 26.05.1998 was registered under Section 10(1) and 14 of the Ain read with section 201 of the Penal code. Police on completion of investigation submitted charge sheet. The Adalat also framed charge against condemned prisoner under..Category: Criminal Law | Date: | Hits: 62
Shabul Miah Vs. State, 2008, 37 CLC (AD)
....gment and order dated 20.5.2007 passed by the High Court Division dismissing Jail Appeal No.738 of 2003 with modification of sentence of co-convict and accepting the Death Reference in part i.e. in respect of only the petitioner herein. 2. The prosecution case, in brief, is th......dical College Hospital, Sylhet where the victim Muktadir succumbed to his injuries. On the basis of the FIR lodged by the informant Dakkhin Surma P.S. Case No. 10(11) was started. The police after investigation submitted charge-sheet dated 17.6.2001 against the accuseds including the petitioner ..Category: Criminal Law | Date: | Hits: 39
State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)
....d Mia and maintaining his conviction and sentence of imprisonment for life under section 302/34 of the Penal Code for committing murder of Kalu and allowing the appeal filed by the respondent No.2 in part by setting aside his conviction and sentence of imprisonment for life under section 302/34 of...... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ..Category: Criminal Law | Date: | Hits: 38
Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)
....s that the informant lodged a First Information Report with the local Police Station, alleging, inter alia, that his son Mahbubul Alam on 11-07-2005 at about 8.00 p.m. along with his business partner Kamal Uddin went to attend a Milad Mahfil. After the end of Milad Mahfil, they return their......F.I.R. was written by another person no his (informant) direction. Accordingly, Sitakunda Police Station Case No. 10 (7) 2005 was started and police submitted charge sheet against the accused after investigation. &n..Category: Criminal Law | Date: | Hits: 31
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....perty was wrongly recorded in the name of the earlier joteder, the plaintiff and Haji Abdur Raquib on 06.01.1961 filed objection case No.190 which was allowed on 09.02.1961 in presence of both the parties and the names of the joteders were deleted and the order was passed for recording the names......o evidence the documents which the petitioner produced as additional evidence which clearly reveals the case of the plaintiff-petitioner. The learned Counsel finally submitted that local investigation was redundant in the face of recital in exhibit-3 and exhibit-'Ka'; that plainti..Category: Property Law | Date: | Hits: 29