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Rakib and others Vs. State, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ...... of 66 years, therefore, the old man is liable to pay a fine of TK.3000.00 instead of serving out the sentence of imprisonment, in default, he shall suffer rigorous imprisonment for one year. In view of the above, we find no substance in the submissions of the learned Counsel for the petition..Category: Criminal Law | Date: | Hits: 38
State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)
....aper books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55.......ecution having been able to prove its case beyond all shadow of reasonable doubt and at this stage the impugned judgment and order of bail would create obstacle in the way of free-fair trial. In view of the above, the submissions of the learned Counsel for the petitioner deserve consideration. ..Category: Criminal Law | Date: | Hits: 42
Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
.... we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53.......der. The whole aim and object of the legislature to insert such provision is to give finality of the proceeding in case when the police submits final report and the Magistrate accepts the same. In view of the above, we find no substance in the submissions of the learned Advocate-on-Record for t..Category: Criminal Law | Date: | Hits: 44
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......ings does not amount to an abuse of the process of the Court and that the proceedings shall not be quashed and the accused-petitioner is not therefore, entitled to get relief as prayed for. In view of the above, we find no substance in the submissions of the learned Counsel for the petition..Category: Criminal Law | Date: | Hits: 55
Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
....vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45.......r contended that the High Court Division erred in law in foiling to consider that there was no direction to deduct any amount of money from the retirement benefit of the writ petitioner and in that view of the matter, the High Court Division illegally directed the writ respondents to pay the amo..Category: Employment/Service Law | Date: | Hits: 87
Government of Bangladesh Vs. Md. Rahatuddin Khan and others, 2011, 40 CLC (AD)
.... 2011, be stayed till disposal of the said writ petition pending before the High Court Division. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in:......sion in writ petition No. 2573 of 2011. So far it relates to the interim order of directions. 2. We have heard the learned Attorney General and perused the materials on record. 3. We are of the view that the ad interim direction given by the High Court Division is not justified under the facts..Category: Procedural Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ariful Islam and others, 2011, 40 CLC (AD)
....2011 be stayed till disposal of the said writ petition pending before the High Court Division. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: ......t Division in writ petition No. 2278 of 2011. So far it relates to the interim order of directions. 2. We have heard the learned Attorney General and perused the materials on record. We are of the view that the ad-interim direction given by the High Court Division is not justified under the facts..Category: Procedural Law | Date: | Hits: 106
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......that the High Court Division without making any finding on the point of mala fide in initiating the land acquisition proceedings illegally observed that the said proceedings had been initiated with a view to legalize the occupancy of the writ respondent No.3 in failing to consider that the writ resp..Category: Property Law | Date: | Hits: 81
Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)
.... of paper books is dispensed with as prayed for. The period of order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21......., the statement made by her suffers from inadmissibility and cannot be considered by treating her as an eye witness and as such, the impugned judgment and order is liable to be interfered with. In view of the above, the submissions of the learned Advocate-on-Record for the petitioner deserve cons..Category: Criminal Law | Date: | Hits: 49
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......vidence on record that the executrix had executed the deed in question after being conversant with the contents of the deed and that she had independent advice before the execution of the deed. In view of the above, we find no substance in the submissions of the learned Advocate for the petitio..Category: Property Law | Date: | Hits: 84
Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)
....of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ......said SRO. 6. The learned counsel for the petitioners submitted that the respondent applied for refund after 2 years 8 months which is clear violation of section 33 of Customs Act, 1969 and in such view of the matter, the order of the High Court Division can not be sustained in view of the princip..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
....orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ......on, the petitioners moved the Appellate Division in Civil Petition No.1739 of 2008 which was dismissed on 8th April, 2009 and that the respondents deeds have been acted upon. The petitioners with a view to prevent the operation of Execution Case No.27 of 1978 filed the present suit with false alle..Category: Property Law | Date: | Hits: 89
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
.... Office produced before the Court the Thumb Impression Register which showed that the executant of above Deed No.21065 dated 21.4.75 was one Abu Syeed and not Hedayetullah and further the trial Court erroneously held that Beraful Nessa, being the plaintiff of Title Suit No.61 of 1996, should have pr......possession of the suit land Beraful Nessa, with some hired goondas, forcibly tried to pluck the mangoes from the above garden but failed as he, his son and also the men of the village resisted and in view of the above, on 12.7.75, at his instance proceedings under section 144 of the Code of Criminal..Category: Property Law | Date: | Hits: 109
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......losed no FIR was lodged during the operation of the concerned legal provision. Does it then mean that those offences cease to be an offence? No it cannot be, even if the said provision is repealed in view of the provisions of Section 6 of the General Clauses Act, 1897 which is discussed herein below..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ...... met with death. In the absence of any explanation coming from his side, it seemed none other than the husband was responsible for causing the death in question. We are in respectful obedience to the view taken in the case referred to above. 40. Let us now come to confessional statement of accuse..Category: Criminal Law | Date: | Hits: 84
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ......e Court also failed to consider that Rahima Khatun was not reliable as she also claimed some quantum of land by virtue of a deed of gift and the alleged defect of parties was not fatal in the suit in view of the provision of rule 9 of Order 1 of the Code of Civil Procedure, particularly when there w..Category: Property Law | Date: | Hits: 73
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......e petitioner under the said agreement, having been made and no step was taken by her in that respect the said agreement even if there was one, lost its force by efflux of time. Besides, she claims in view of the provisions of Article 4 of the Order all shares and other proprietary interest of the co..Category: Business or Commercial Law | Date: | Hits: 194
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......nded that the appellant has also failed to bring their case within section 10(2) of the Act on the basis of honest and concurrent user of the mark. The further case of the respondent No. 2 is that in view of the wide popularity of the Trade Mark of the respondent No. 2 the people of Bangladesh think..Category: Intellectual Property Law | Date: | Hits: 226
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
....i.e. from 5‑8‑1998 upto the iddat period. Both the Courts below found that the marriage has not been consummated but the learned Advocate for the opposite party No. 1 submits that such finding is erroneous and submits that the marriage has been consummated before and after marriage and the child......w. I do not find any illegality or irregularity committed by the Court of appeal below and there is no error of law resulting in an error in the decision occasioning failure of justice. In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by ..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......re is no legal evidence on record to substantiate the charge. He further submits that there is complete departure of the prosecution case from that of the first information report version and in that view of the matter, the Bishesh Adalat has committed error of law in believing the prosecution case...Category: Criminal Law | Date: | Hits: 43
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