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Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....nal District Judge, Court No.7, Dhaka in Title Appeal No.153 of 1999 affirming those dated 08.03.1999 passed by the Subordinate Judge, Arbitration Court, Dhaka in Title Suit No.51 of 1997decreeing in part. 2. One Abdur Rab as plaintiff on 17.11.1990 instituted Title Suit No.388 of 1990 in the Fir......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221...Category: Tenancy Law | Date: | Hits: 180
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
....ng a joint written objection contending, inter alia, that Akkas Ali admittedly was the owner of .21 acres of land and he died leaving one son Abdur Rashid and two daughters and they were necessary parties in the case, but they not having been made parties the case was bad for non-joinder of nece...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ..Category: Property Law | Date: | Hits: 32
Nazrul Islam Vs. State, 2007, 36 CLC (AD)
....ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ......pal Officer of the Agrani Bank. The case being Sutrapur P.S. Case No.40 (12) 97 under section 409 of the Penal Code read with section 5(2) of Act II of 1947 was registered. Police on completion of investigation submitted charge-sheet. The accused petitioner surrendered before the Court and was e..Category: Criminal Law | Date: | Hits: 29
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....velopment of those low lying, ditches by filling with sand, viti sand, cowdung, fertilizer and green fertilizer. 7. The local people as well as the visitors from Dhaka and other part of the country used to say their prayers in the Katcha Mosque and the worshippers who used to ......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ..Category: Property Law | Date: | Hits: 31
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....ated 10.5.1987 cancelled the earlier release order dated 4.11.1985 and as against that the accused and the petitioners filed Case No.367 of 1987 before the Court of Settlement and after hearing the parties and considering the materials on record, the Court of Settlement by order dated 27.9.1987 ......ds, in collusion with some government employees, transferred the government property and thereby misappropriated about Tk.9 (nine) crores; the petitioners were not named in the above FIR but after investigation, the police submitted charge sheet on 25.02.1999 against them as well tinder sections..Category: Criminal Law | Date: | Hits: 43
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
....) 2000 under sections 420/467/468 and 471 of the Penal Code which, is pending in the Court of learned Chief Metropolitan Magistrate, Dhaka and the High Court Division, upon hearing the parties and in consideration of the facts and circumstances of the case, discharged the Rule. Being......ons 420/465/467/468/471 of the Penal Code was started. The accused-persons voluntarily surrendered before the learned Chief Metropolitan Magistrate whereupon they were granted bail. 3. After investigation, the investigating officer submitted final report on 08-05-2001 stating that during i..Category: Criminal Law | Date: | Hits: 39
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......et source regarding snatching away the dollars by the member of police at the instance of public. Thereafter, he entrusted P.W.12 inspector Nasiruddin of D.B. to investigate into the matter. During investigation on 06.09.1986 P.W.12 arrested accused Mohammad Ali alias Shanu who admitted his guilt..Category: Criminal Law | Date: | Hits: 40
Md. Sirajul Islam Vs. State, 2007, 36 CLC (AD)
....irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ...... that he showed the deposit of rents by forging deposit slips of the Bank as well as the seal and signatures of the Bank officials and thereby he misappropriated Tk.2,95,575/-. 6. On completion of investigation charge sheet was submitted for misappropriation of Tk. 39,045.00 for the period from O..Category: Anti-Corruption Laws | Date: | Hits: 111
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
.... style M/S."Purbarag Hotel" that the petitioner most illegally in collusion with one Khorshed Alam filed a case being House Rent Case No.264 of 1976 wherein the said Khorshed Alam was made one of the parties and thereby depositing rent in the said house rent case and that, the Waqf Estate has been d......we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
....t set of defendants filed written statement denying the material averments made in the plaint and stating, inter alia, that one Hanif Uddin Sarker took settlement of 14.31 acres of land in 1343 B.S. (part of 'Ka' schedule land) from Harilal Ghosh and others, that S.A. khatian was prepared in the na...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ..Category: Property Law | Date: | Hits: 29
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....nt January 11, 2004. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Fakrul Islam, Advocate-on–Record- For the Appellant (In all cases). Ex-parte- For the Respondent (In all cases). Cases Referred To- Adalat Khan Chowdhury &......ivision. Hence no contempt proceedings can be drawn against the opposite parties. In that case it was further held that the Arbitrator does not exercise a judicial function in course of inquiry or investigation into the amount of compensation although he is expected to act within judicial norms...Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....his Court directing the respondents to surrender forthwith to undergo the remainder of the sentence awarded against them. The accused were accordingly re-arrested to undergo the rest of the sentence apart from the sentences of imprisonment already undergone. As against the aforementioned judgment, t......a police officer there to make an inquest and he received an Ejahar at 1-00 PM through an Advocate which was signed by the respondent Nasiruddin Jamal. Investigation was started. After a few days the investigation was taken over by PW 1 Bimal Chandra Das, an officer of CID. During investigation he c..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....elevant facts are that the petitioner as plaintiff instituted Title Suit No. 306 of 1989 and subsequently was renumbered as Title Suit No. 62 of 1996 in the 4th Court of Assistant Judge, Dhaka for partition of 0.65 acres of land out of 1.35 acres of Plot No. 125 of CS Khatian No.53 of Mouza......which was also dismissed on 12-12-1995. 9. Thereafter, the plaintiff-petitioner filed an application before the trial Court praying for appointment of Advocate Commissioner for holding local investigation for allotment of 'saham' allowed by the trial Court in the preliminary decree. The A..Category: Procedural Law | Date: | Hits: 86
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......se personification and interpolation by inserting 3.97 acres land in place of 0.97 acres of land and thereby they committed offences under the aforesaid provisions of law. Police on completion of investigation submitted charge sheet in the case against the accused respondent and others under the..Category: Criminal Law | Date: | Hits: 63
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
.... not be possible to follow the same in full in letter and spirit and may have to opt for satisfying such requirements in substance by putting official mark on the back of the ballot paper leaving a part on the counterfoil. If a ballot paper does not contain any official mark it is excluded from ......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..Category: Election Law | Date: | Hits: 126
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... The complainant filed two revisional petitions direct to the High Court challenging the order of withdrawal. A Bench of the High Court heard both the revisional cases, after hearing the parties were pleased to set aside the order of withdrawal. 5. The Principal reasons of the l...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....hmud Husain CJ.- This appeal by special leave by the plaintiffs arise of out a suit instituted for recovery of a sum of taka 1,08,127.00 as compensation for the loss, caused to them by Irrigation department of the respondent. 2. The appellants were lessees under the respondent, the provinc......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..Category: Civil Law | Date: | Hits: 89
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
.... Sowdagar and another….. Respondents Judgment December 7, 1976. Lawyers Involved: B. B. Roy Chowdhury, Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Petitioner. Ex-parte — For the Respondent. Civil Petition for Special Leave to Appeal Nos. 186 and 187 of 1976......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ..Category: Tenancy Law | Date: | Hits: 163
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....roperty (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972) required the determination of disputed questions of facts, it could not be resolved on the affidavits filed by the parties. 2. Civil Petition No. 305 of 1977 arises from the judgment and order of the Divisio......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....t, in the Court of the learned Chief Metropolitan Magistrate, Chittagong. 3. The accused petitioner has been allowed bail by the learned magistrate on 19-6-2004. After hearing the parties charge has been framed against the accused petitioner under section 138 of the Act to which ......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 138