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State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)

....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 36

State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)

....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)

....n filing the revisional application. 13.  In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......n filing the revisional application. 13.  In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)

....T (AD) (2012) 10. ......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..

Category: Property Law | Date: | Hits: 75

Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)

....sdiction of the company court and has relied also upon a decision in the case of Chahia Fibre Co Vs. Abdul Jabbar reported in 20 DLR (SC) 335 wherein Mr. Hamoodur Rahman, J. as his Lordship then was stated that: "It is a well-settled rule that the ouster of jurisdiction of a civi......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 82. ..

Category: Business or Commercial Law | Date: | Hits: 147

Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)

....f .3/4 acres of land to the north western corner of the suit land on 10.03.1962 and raised a structure thereon. 3. The respondent-defendant-Government contested the suit by filing a written statement denying the material allegation of the plaintiffs. The main contention of the Government ...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 46

Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)

....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..

Category: Employment/Service Law | Date: | Hits: 68

Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)

.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..

Category: Property Law | Date: | Hits: 46

Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......airman and the Treasurer of the Society for a term of three years who hold office at the pleas­ure of the President. Subject to control of the Gener­al Body the administration and management of the affairs and business of the Society vest in the Man­aging Body. (Article 9 (3). In the General Body..

Category: Constitutional Law | Date: | Hits: 170

Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)

....e read with provisions thereof and the Rules made thereunder, has referred to a decision of the Privy Council in the case of Secre­tary of State Vs. Mask & Co., 44 C.W.N. 709 wherein it has been stated: "It is settled law that the exclusion of the jurisdiction of the Civil Courts is not to b......ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...

Category: Election Law | Date: | Hits: 173

Nurjahan Begum Vs. State, 1989, 18 CLC (AD)

....…................................Respondent Judgment June 11, 1989. Result: The appeal is dismissed. The Evidence Act (I of 1872) Section 32 (1) Interpretation of Statute The statement of a person about the cause of his death or circumstances leading to his death is substant....... The prosecution case centres round her death which resulted from multiple acid-burn in­juries, allegedly caused by appellant Nurjahan Be­gum. Allegation against her is that she had suspected some affairs between her husband and the Aya, Mah­muda and out of that grudge she sprayed carbolic acid ..

Category: Criminal Law | Date: | Hits: 50

Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)

....g respondent No.1 herein has come up to affirm the said affidavit before this court in spite of the persis­tent effort of the learned Assistant Attorney-General concerned. In such circumstances, the statement made in the petition remaining unchallenged and un­disputed as such may be accepted as tr......for mak­ing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..

Category: Property Law | Date: | Hits: 32

Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)

....tated in the name of the society and that the defendant wanted to dispossess the plaintiff and being failed they gave threats of, dispossession by force and hence was the suit. 3. Written statement was filed on behalf of the contesting–defendants. An application under Order 7 Rule......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..

Category: Property Law | Date: | Hits: 33

Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)

....me was refused and' on March 27, 1991 the authority directed the plaintiff to handover possession of the land in suit. Hence the suit. 3. The suit was contested by the defendants by filing written statement denying the material averments made in the plaint and stating, inter alia, that the relief......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 205

Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)

.... defendants in respect of the said promises and asking them to vacate the same. Upon these averments the plaintiffs filed the suit. 3. Defendants contested the suit by fil­ing a written statement contending, inter alia, that M/S. P. K. Sen & Sons transferred the suit property to S....... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 106

Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)

....e dated 9.1.84 passed in O. C. Suit No. 271 of 1982 of the said Court was fraudulent, void, inoperative and not binding upon the plaintiffs. The first defen­dant (respondent No.1) filed written state­ment and on 27.7.89 which was fixed for peremptory hearing prayed for an adjourn­ment......lorem Court fee in the trial court for the  said relief within  3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 103

Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)

.....W.15 being the investi­gating officer is formal witness who, there­fore, proved nothing against the accused and that the High Court Division committed error in not considering that in the state­ment made before the court, the victim or her mother deposed nothing against the petition......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)

....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 30

Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)

.... us through the impugned judgment. 6. He submits, inter-alia, that the trial court did not consider the evidence of P.Ws. 5, 7 and 14 who being declared as hostile witnesses made material statements proving innocence of the petitioner and that the High Court Division committed error in ......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ..

Category: Criminal Law | Date: | Hits: 52

Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)

.... 10. 2003 for sanction as required by law. 9. The High Court Division after con­sidering the above facts and circumstances of the case observed: - "It has already been stated above that the learned Special Judge, Pabna before whom the case is now pending, has alread......has been mentioned above, we do not find that the High Court Division committed any error in the deci­sion. This petition, therefore, being bereft of substance stands dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39