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Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
....dge, 2nd Court, Tangail in Title Appeal No.124 of 1998 reversing those dated 10.05.1998 passed by the Sub-Judge, 2nd Court, Tangail, in Partition Suit No.124 of 1987. 2. Plaintiff instituted partition suit No.124 of 1987 in the Court of Subordinate Judge, 2nd Court, Tangail praying for a ...... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ..Category: Property Law | Date: | Hits: 41
Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
..... The trial Court dismissed the suit. On appeal being Title Appeal No.272 of 1986 the appellate Court allowed the appeal and decreed the plaintiff's suit. The High Court Division after hearing the parties made the Rule absolute. 5. We have heard Mr. Md. Osman Ghani, the learned Advocate f......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ..Category: Property Law | Date: | Hits: 30
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
....axe and also fractured the bones of both arms of the victim and other accused persons namely Ali Hossin Bhuiya Shahin, Ruhul Amin, Emdadul, Jubari, Jahed, Selim and Amzad caused injury in different parts of the body of the victim by sharp knife. The further allegation is that the accused persons......nia and recovered the victim Babul in critical and dying condition and with the help of the police brought the victim to Orthopaedic Hospital at Sher-E-Bangla Nagar, Dhaka. 3. Police took up investigation of the case and during investigation victim Shah Alam Babul died in the hospital on ..Category: Criminal Law | Date: | Hits: 36
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
.... arising out of an execution proceeding is not subject to the special provision for disposal of the appeal under Section 41 of the Artha Rin Adalat Ain, 2003. Section 41 provides that an aggrieved party by an order of the Adalat may prefer an appeal depositing requisite amount of money before fi...... Court served the notice properly by complying the provision of Rule 66 of the Order 21 of the Code of Civil Procedure. The valuation of the auctioned property has been properly assessed on proper investigation. The auction-purchaser has prayed for the dismissal of the appeal for non-compliance ..Category: Business or Commercial Law | Date: | Hits: 82
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
.... the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular accused and, therefore, does not offend an under-trial prisoner’s fundamental right of ......eir party office, accused-persons being armed with firearms attacked them and fired shots at them and consequently, one Alamgir died on the spot and 9 others were injured. Police upon a perfunctory investigation submitted charge sheet No. 21 dated 26-2-2002 against 49 accused including the writ-pe..Category: Criminal Law | Date: | Hits: 59
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....d being Panchlaish Police Station Case No. 8 dated 20-4-2001 under sections 7(Kha)/10/12 of Public Safety (Special Provisions) Act, 2000 stating, inter alia, that the informant was on duty in the department and the writ petitioner-appellant being armed forcefully entered inside the office and ask......ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ..Category: Criminal Law | Date: | Hits: 43
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....-2004 passed by the High Court Division in Writ Petition No. 1498 of 2003 (heard analogously with Writ Petition No.5630 of 2002) making the Rule obtained in Writ Petition No. 1498 of 2003 absolute in part and discharging the Rule obtained in Writ Petition No. 5630 of 2002). Judgment Md. Abdu......he decision maker (if the decision is not that of an administrative tribunal) and the particular circumstances in which the decision came to be made. Even where facts are 'jurisdictional' the Court's investigation of them is of a supervisory character and not by way of appeal." 38. The learned..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....riminal proceeding in the aforesaid special case was validly taken against the respondent under sections 165 and 166 of the Income Tax Ordinance for making false statements and also for concealing particulars with a view to evading income tax independently of any proceeding for assessment under ......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....nd measuring 4.75 acres of land is comprised of a mango garden having 74 mango trees standing thereon is not a forest land and as such the vesting of control and management thereof in the Forest Department are illegal and inoperative and not binding on the plaintiffs and the plaintiffs are entit......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....ped up between the plaintiff and defendant No. 14; that defendant Nos. 6-16 are now trying to gain over defendant Nos. 1-5 by illegal means and to this end are giving out various threats since last part of Poush 1391 B.S. and Consequently they created some paper transaction from defendant Nos. 1-......l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ..Category: Property Law | Date: | Hits: 26
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....:- “The trial of the petitioner under Section 25A is not legally sustainable in law but if a Rule is issued on this application there will be further delay in the disposal of the case particularly when the petitioner has been languishing in hajot (detention) for about 4 years. In th......pector CID, City Zone, Dhaka (South) and thereupor Laxmipur P.S. Case No 5 dated January 20, 2001 was registered under Section 25A of the Special Powers Act, 1974. 4. On completion of investigation charge sheet was submitted on April 30, 2000 against Nur Husain Alias Hiron i.e Respo..Category: Criminal Law | Date: | Hits: 38
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....a Begum and others, 15 BLD (1995) (AD) 91. Lawyers Involved: Zahirul Hague Zahir, Deputy Attorney General, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellant Ex parte-the Respondent. Criminal Appeal No.42 of 2000. (From the judgment and order dat...... seizure list witnesses and thereafter lodged the F.I.R. with Ramna Police Station whereupon Ramna P. S. Case No.14 dated 04-12-1991 was started. 3. Police submitted charge sheet after investigation under Sections 19A and 19(f) of the Arms Act since prima facie case was made out again..Category: Criminal Law | Date: | Hits: 24
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
.... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ......he loan bonds and the owners of the land shown to have been mortgaged did not apply for loan. The said F.I.R. was registered as Keshabpur PS. Case No.5 dated 31.5.1985. 3. The police took up investigation of the case and visited the place of occurrence and seized alamats and prepared sket..Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....ion 302/109 of the Penal Code and he is convicted thereunder and sentenced to suffer imprisonment for life. Criminal Appeal No.44 of 2000 so far same relates to Azahar Mridha accordingly allowed in part. 17. Respondent No.2 Azahar Mridha, Son of Ali Mridha @ Ali Ahmed Mridha is directed to surr......ead body was recovered from a jungle and an U.D, Case was started by the police and after postmortem examination over the dead body of the deceased the case was started. The police on completion of investigation submitted charge sheet under section 302/34 of the Penal Code. 3. Defence plea wa..Category: Criminal Law | Date: | Hits: 26
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
.... Code of Criminal Procedure regarding the holding No.58/1A, 5(five) storied building, Purana Paltan, of Motijheel Police Station making Monowara Islam and her Constituted Attorney Abdul Alim as 2nd party and respondent No.4 Md. Humayun Kabir and 7 others were made parties. The Magistrate thereup......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh Vs. Md. Atiar Rahman Mollah, 2006, 35 CLC (AD)
.... 2000 dismissing the same. The appeal was filed against the judgment dated January 20, 2000 of the Administrative Tribunal, Bogra in Administrative Tribunal Case No.19 of 1999 allowing the same in part and consequent thereupon modifying the punishment imposed on the Respondent herein to censure.......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 422. ..Category: Administrative Law | Date: | Hits: 120
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....at plaintiffs are entitled to get money in L.A. Case No. 13 8/67-68 stating, inter alia, that the lands comprising 57 chhataks in P.S. Plot No.1247 both totalling 72 chhataks corresponding to part of R.S. Plot No.2 were purchased by the plaintiff-petitioners from the defendant No.1 by a kab......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ..Category: Property Law | Date: | Hits: 25
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
....ushed to the place of occurrence and found the dead body of his sister and also found that blood was emanating from her nose and noticed marks of injuries on her neck, abdomen and other parts of the body and did not find inmates of the house present there and came to learn that the p......hat he lodged a First Information Report against the petitioner and others on the basis of which the case was started in Dhanut Police Station against the petitioner and others and the police after investigation submitted charge-sheet and thereafter, the case was sent for trial before..Category: Criminal Law | Date: | Hits: 99
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....t filing written statement denying material allegation made in the plaint and stated, inter alia, that the suit property is in ejmali possession and that no amicable settlement was held between the parties as alleged in the plaint and that Tusi Bewa did never get 200 decimals as alleged who&...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....udgment and order dated 26th July, 2004 passed by a Single Bench of the High Court Division in Civil Revision 14 of 1992 rejecting the application for re-hearing of the Rule which was discharged ex parte, by judgment and order dated 11-5-2003. The above Civil Revision No. 14 of 1992 was filed aga......ion No. 14 of 1992 was filed against the judgment dated 26-10-1991 passed by the learned District Judge, Sylhet in Miscellaneous Case No.72 of 1982 rejecting the prayer of the petitioner for local investigation and also against the judgment dated 6-11-1991 by which the learned District Judge, Sy..Category: Trust/Waqf Law | Date: | Hits: 199
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