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Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......protecting the indivisibility the market canal was considered as a natural demarcation and, as such, a portion of Alipur mouza was kept with Ward No.4 which is better from the administrative point of view. It is not a fact that in respect of Ward Nos. 1, 2 or 3 respondent No.4 did not take into cons..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......sanction under section 3 or in breach of any of the terms and conditions subject to which sanction was granted nor there is any decision arrived at either by the respondent 3 or the Committee that in view of clauses a to c to sub-section 5, order for removal of the constructions could validly be pas..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......orshid Alam Khan appearing for both condemned prisoners took us through the entire record and challenged the aforesaid conviction and sentence on various grounds. 28. Firstly, he submitted that in view of the evidence of PWs 9, 10 and 11 the learned Adalat fell in serious error in believing the d..Category: Criminal Law | Date: | Hits: 49
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
.... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......se are both offences described in section 468 of the said Code." 11. Again in the case of Shamsuddin Ahmed Chowdhury Vs. State, reported in 49 DLR (AD) 159 the Appellate Division has expressed the view that when a fraudulent document is not produced in a proceeding before court private complaint ..Category: Criminal Law | Date: | Hits: 129
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......t is to be show that the action is justified according to the said provision which is to the following effect: "3. (1) The Government may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act it is necessary so to do make the order— ..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......respect of land in plot No.27 was set aside. The defendants simply stated in paragraph 6(Kha) of their written statement that the sale was not set aside rather confirmed. This statement is not in our view is sufficient to meet the positive claim of the plaintiffs on the point of setting aside the au..Category: Property Law | Date: | Hits: 127
....r the reason as could be said to have been summarised in the case of Bangladesh Vs. Masder Hossain, 7 BLC (AD) 92 which runs as follows:
“A review by no means is an appeal in disguise whereby an erroneous decision is reheard and corrected. A review lies where an error apparent on the face of th......d others, 7 DLR 82.
Lawyers Involved:
Abdul Wadud Bhuiyan with SRM Lutfor Rahman, Advocates‑For the Petitioners.
Shamsuddin Babul with Kanai Lal Saha, Advocates‑For the Respondents.
Review Petition No. 43 of 2001.
Judgment
Md. Joynul Abedin J.-This Rule seeks to review the judg..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
.... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ......ch included denial to the assertion that he was the guarantor. He also stated that the loan had already been repaid in full vide some securities the borrower gave to the bank. He did nevertheless, in view of A Hai Pathan's financial disarray, express his willingness to pay the plaintiff the principa..Category: Banking Law | Date: | Hits: 215
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......tence against the appellants must be set aside being not legally sustainable. According to him, the appeal must succeed. 18. Learned Assistant Attorney-General for State-respondent submits that in view of evidence of PW 16 Sudeb Sarker, Magistrate 1st Class Exhibits 8, 9, 10 Were recorded by him ..Category: Criminal Law | Date: | Hits: 42
Advocate Zulhas Uddin Ahmed and others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ......চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ..Category: Health Law | Date: | Hits: 391
Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)
....ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ......Haque…………………….Respondents Judgment March 16, 2003. Lawyers Involved: Mahbubur Rahman, Advocate‑For the Petitioner. M Saleemullah, Advocate‑For the Respondent. Review Petiton No. 39 of 2003. Judgment Salma Masud Chowdhury J.- This is an application for rev..Category: Others | Date: | Hits: 118
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
.... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270.......Order XXI rule 2 of the Code and the decree holder can certify such adjustment at any time as there is no limitation with regard to his certification. 5. We do not find anything to hold a contrary view in the facts and circumstances of the instant case under revision. We do not also find in the i..Category: Property Law | Date: | Hits: 91
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......t on the crossing of Mirpur Road and Elephant Road being a commercial plot and having commercial importance could not be Taka 25,000 only. But at least 100 times more even during that time. 20. In view of the fact that in this case appellants in support of their claims have submitted several judg..Category: Property Law | Date: | Hits: 95
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ......e Mukha Shah on security of one Nawab on the basis of two mortgage bonds and having arranged to sell property, Fateh Haider induced Mukha Shah as Creditor to accompany him to a petition writer with a view to let the petition writer draft a sale deed after calculating the amount due on the mortgage b..Category: Criminal Law | Date: | Hits: 42
Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)
....eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390....... and that the plaintiffs have failed to prove their exclusive possession in the suit land and as such they are not entitled to any decree for perpetual injunction. The findings of the Courts below in view of the evidence discussed, do not suffer from any invalidity. So far as the title of the plaint..Category: Property Law | Date: | Hits: 64
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......nd allowances is the internal affairs of the local authorities and the said local authorities exercised their discretion judicially and that does not call for any interference by this Court. 6. In view of the papers annexed as Annexure-‘X’ series to the affidavit we find that those are mostly..Category: Employment/Service Law | Date: | Hits: 84
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
.... no agreement in the eye of law and by the said agreement the plaintiffs did not acquire any right in the land under dispute. He further submits that the learned Courts below misread the evidence and erroneously held that the plaintiffs have proved the agreement oral. He further submits that the all......possession. In the meantime, the petitioner decided to sell 0.50 acre of land to Bhojeshwar Girl High School and receiving Taka 15,000 he delivered possession of that land to the said school. In such view of the matter the suit is liable to be dismissed. 4. The plaintiff examined five witnesses a..Category: Property Law | Date: | Hits: 84
Talebuddin (Taleb) and another Vs. State, 2010, 39 CLC (AD)
....ks is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the Court. Ed. This Case is also Reported in: VIII ADC (2011) 89 & 447. ......on and thus, crave the discretion and mercy of the Court to consider the sentence, purely on humanitarian ground to save the family from complete destruction and for securing ends of justice. In view of the above, the submissions of the learned Advocate for the petitioners deserve consideration..Category: Criminal Law | Date: | Hits: 43
State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)
....ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ......or the treatment of the victim. In course of investigation of the case the investigating officers could not collect any iota of evidence or incriminating material to connect him in the incident. In view of the above, we have reason to believe that these investigating officers deliberately in a con..Category: Criminal Law | Date: | Hits: 47
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)
....larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......d upon in the F.I.R. charge sheet and the charge frame order of the trial Court, were committed between 1971 and 09.05.2004 i.e. before enactment of the Anti-Corruption Commission Act, 2004. 5. In view of the above, the submission of the learned Counsel deserves consideration. 6. Accordingly..Category: Anti-Corruption Laws | Date: | Hits: 120
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