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Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

.... were attached and management thereof was given to the receiver appointed by the Court. In the aforesaid cir­cumstance plaintiffs who are the heirs of Tofazzal filed the suit seeking relief as stated hereinbefore. 4. The suit was contested by the defendant Nos.4,11,12 and 13 by filing......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ..

Category: Property Law | Date: | Hits: 67

Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)

....d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 52

Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)

.... the normal criminal court and further the accused respon­dent has been examined under section 342 of the Code of Criminal Procedure in a lump and further nowhere in the deposition it has been stated that the accused respondent caused the injury for the non-payment of dowry and the incrimina......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add addition­al grounds. Ed. ..

Category: Procedural Law | Date: | Hits: 100

Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)

....ubmission of learned Advocate that the pro­ceeding is continuing in violation of the pro­visions of Sections 87/88 of the Code of Criminal Procedure has no leg to stand. 5. It may be stated that Section 87 of the Code provides for issuing proclamation for person absconding in a cri......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 42

State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)

.... In view of the discussion made above, we do not find any illegality in the impugned judg­ment and order. The petition having no substance is, therefore, dismissed. Ed. ...... In view of the discussion made above, we do not find any illegality in the impugned judg­ment and order. The petition having no substance is, therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 34

Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)

.... namely, M/S Huq and sons. Thereafter current account No.1716 was opened in the name of M/S Rahman Sinidcate, 99 Mirbagh, Dhaka, which was in fact a false and non-existent firm. It was fur­ther stated that in collusion with one Md. Shah Alam Khan L/C No. Pibi/ El /moti SEM /18/90,dated 26.02.......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)

.... giving our considera­tion to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dis­missed. Ed. ...... giving our considera­tion to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)

....for 01.12.2003 wherein the quoted price of the property went up to Tk. 6,07,00,000/- which was accepted by order No.45 dated 01.12.2003 hereinafter referred to as the impugned order. The petitioner stated further that under section 33 of the Artha Rin Adalat Ain, 2003 hereinafter referred to as th......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Civil Law | Date: | Hits: 94

Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)

.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 35

Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)

.... title and posses­sion in the land in suit and that as the prepa­ration of wrong record having clouded plaintiffs' title they are constrained to file the suit. 3. The defendant filed the written statement denying the averments made in the plaint and stating, inter alia, that the suit was barred...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 42

Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)

....4.The pre-emptor of the Miscellaneous Case No. 18 of 1992 got himself impleaded in the plaintiffs suit i.e. Title suit No.32 of 1993 as defendant No.11 and contested the suit by fil­ing written statement. It is the case of the defendant No.11 i.e. Respondent No.1 herein, that plaintiff being...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 35

BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)

....in the plaint and likewise other charges of mis-conduct, ineffi­ciency and corruption were false and ground­less. 3. The defendant- petitioners contested the suit by filing a written statement denying all the material allegations of the plaintiff and asserting, inter alia, that the......fication for making an order of remand as prayed for which will be a cere­mony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 73

Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....rned authority; that respondent No.3 subsequently was designated as Vice-Chairman and Director of the Jamuna Bank Limited. That respondent No.3 proposed and invited the petitioners during the initial state to subscribe in the sponsors share capital and to accept 3 Directors position (from among the ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 185

Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)

....ng their respective official power misappropriated the said amount. 5. It is not necessary to consider any other matter except the sentence imposed upon the appellants for the reason already stated. It may be stated that the sentence as imposed should ordinarily be regarded as extremely l...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)

....t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be dis­charged from the bail bond. Ed. ......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be dis­charged from the bail bond. Ed. ..

Category: Criminal Law | Date: | Hits: 31

Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)

....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 55

Foyej Ahmed Vs. State, 2004, 33 CLC (AD)

.... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above obser­vation. Ed. ...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above obser­vation. Ed. ..

Category: Criminal Law | Date: | Hits: 51

Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)

....iry that the 13 barrels were taken away by dacoits towards Rajbari, that after sometime the said 3 Chowikders came on foot from the northern direction, ran to his shop and being interrogat­ed, stated that 8/10 persons came in a truck in Banibaha Bazar from Modhukhali direction at about 3.00 ......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ..

Category: Criminal Law | Date: | Hits: 23

Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)

.... seniority is not the only criteria for pro­motion. Rather seniority cum merit is the pre­dominant factor for promotion, according to Service Regulation of 1997. The respondent has further stated that it is not true that the Board of Directors of the BSC has not dele­gated relevant p...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 91

Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)

....t land conspired with other defendants to create some fictitious sale deeds without any consideration and hence the suit. 3. The respondent Nos.1-6 contested the suit by filing joint written statement stating inter alia that Kancha Mai sold the suit land to her sons Derajuddin and Reyazudd...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..

Category: Property Law | Date: | Hits: 27