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Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....eged forfeiture of the share of petitioner No. 2 as alleged by the respondent Nos.1 and 4. The petitioner in Civil Petition No. 163 of 2004 impugned the said impugned order allowing the petition in part directing respondent company to rectify register of share showing respondent Nos.1 therein as s......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
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....als by leave are directed against the common judgment and order dated 20.04.2003 passed by a Division Bench of the High Court Division in Writ Petition Nos. 6140 of 2000 making the rule absolute in part and discharging the Rule in Writ Petition No.5350 of 2000. 2. In Writ Petition No. 6140 of......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
....ssionate view has been taken in this case because the money which was allegedly misappropriated had already been returned. He submits that the accused appellants have in the meantime suffered part of their sentence and are at present on bail by order of this court. He submits that in the ci...... 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)
....in Sheikh preferred this appeal against the judgment and order dated 24.04.2000 passed by a Single Bench of the High Court Division in Criminal Revision No. 667 of 1997 making the rule absolute in part maintaining conviction of the appellant under sections 467/468/109 of the Penal Code but modif......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
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ...... the petitioner and proforma respondent No. 4 on 21.9.1998 with an undertaking to execute the regular sale deed on receipt of the balance amount of the consideration money but subsequently, after investigation, it was found that the aforesaid land does not belong to the respondent Nos. 1 and 2 a..Category: Criminal Law | Date: | Hits: 50
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....lenging the legality of the aforesaid judgment and order of conviction moved the High Court Division under section 561A of the Code of Criminal Procedure. The High Court Division after hearing the parties rejected the application summarily as already mentioned above. Hence is this petition. ......ha, a local club in village Isapur, Police Station-Daudkandi in the District of Comilla and a First Information Report was lodged to the effect by Sub-inspector Jahidul Haque (P.W.I) and that after investigation charge sheet was submitted accordingly. The case being sent for trial, the learned Sp..Category: Criminal Law | Date: | Hits: 55
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... from the R.S. record claiming that the said R.S. record is wrong which being allowed by the learned Munsif the plaintiff preferred Miscellaneous Appeal No.9 of 1972 which on contest was allowed in part because of misconstruction of law and fact and being emboldened by those judgments, the respo...... 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
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
.... Kabir Chowdhury J.- This appeal by leave is directed against the judgment and order dated 14.03.2000 passed by the High Court Division in Writ Petition No. 2871 of 1999 making the rule absolute in part. 2. The facts, in brief, leading to the appeal are that the respondent, Bangladesh Secr......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
.... rent Tk. 200/- for each of the shop rooms. In the agreement between the landlord and the tenant, there was a clause whereby the tenant was given right to sell the possession of the suit shops to 3rd party. It was the definite case of the tenant that he purchased the possession of the suit shop ro......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed...Category: Tenancy Law | Date: | Hits: 180
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... but actually he was very much present in the country during that period. Upon perusing both the application, both the police reported regarding cancellation of bail and upon hearing both the parties the learned Chief Metropolitan Magistrate, Dhaka was pleased to pass an order on 5.1.2002 c......espondent and continued threat some of the eye witnesses had left the area. The accused respondent made an application 1.12.2001 before the learned Chief Metropolitan Magistrate, Dhaka for re investigation into the matter by any law enforcing agency other than the Detective Branch alleging ..Category: Criminal Law | Date: | Hits: 31
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....Aftab Hossain, Advocate-on- Record-For the appellant. A.W.Bhuiyan Additional Attorney General, instructed By Mr. B. Hossain, Advocate-on –Record-For respondent Nos. 1-3 Ex parte-Respondents no.4 Civil appeal No. 2 of 1993 (From the Judgment and Order dated......hemicals in the sheets will be a factor in determining whether the imported sheets are M. S. Sheets or G.P. sheets. Also the zink coating on the sheets will be a determining factor. All these investigations will now be of practically no value because of the deterioration in the quality of t..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....Code of Criminal Procedure, as he was in the meanwhile taken into custody, to which he pleaded innocence and demanded trial. 4. The learned Sessions Judge, Manikganj, upon hearing the parties, found the condemned prisoner guilty under section 302 of the Penal Code and sentenced......e for autopsy and after having received the postmortem report lodged the FIR on 28-8-1995 and Ghior Police Station Case No. 10 of 1967 dated 29-8-1995 was started, 3. The police after investigation submitted charge sheet against the condemned-prisoner Mukter Hossain under sections 3..Category: Criminal Law | Date: | Hits: 71
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....dents Judgment January 7, 2008. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Substitution of the prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for declaration of title and recovery of possession will...... "Whether the proposed amendment does change the nature and character of the suit or it is an additional/alternative prayer for doing the complete justice in the matter, requires investigation." 4. We have heard Mr. Mustafa Niaz Muhammad, the learned Advoc..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....llants Vs. Makhan Mia @ Md Laisuzzaman and others.... .................Respondents Judgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitl......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....Annexure "A") in favour of the respondent No. 4 and Notification No. AJRPOHO/Revenue/JA: MA/14/6/ 22(4)/ 9868 dated 22-4-1998 issued by the respondent No. 1 demarcating and declaring part of the petitioner's Tea Estate as Balumahal (Annexure'A(l)'). 3. Facts in the ba......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ted Abdus Samad Mondal to remove the structure and thereupon Abdus Samad Mondal claimed that he has share in the said land, and because of erection of tinshed there was serious bitterness between the parties, that at about 9.00 p.m. in the night following June 29, 1990 P.W.1 went to sleep in his nor......0th, 1990 and thereupon Melandaha P.S. Case No. 5 dated 30 June, 1990 was registered under sections 449/302/114 read with section 34 of the Penal Code. 7. The Investigating Agency on completion of investigation submitted charge sheet on September 1st, 1990 against 7 accused persons including the ..Category: Criminal Law | Date: | Hits: 44
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....filed against the judgment and order dated January 7, 2001 passed in Administrative Tribunal (Dhaka) Case No. 227 of 1992. The Administrative Tribunal (AT) by the said judgment allowed the case in part and thereupon declared that the petitioners are senior to the opposite party Nos. 4-11 in the ......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 125
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. ......apara Hospital. P.W.5, Md. Sirajul Haque was taken to Sirajganj Sadar Hospital for treatment. Thereafter, P.W.1 went to the police station and lodged F.I.R. 3. Police on completion of investigation submitted charge sheet in the case. During trial the accused persons were charged und..Category: Criminal Law | Date: | Hits: 36
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....rt Division also observed that the judgment in the criminal appeal was passed in presence of the petitioner. The High Court Division in disposing of the Rule also observed "The failure on the part of the petitioner to explain away the delay is a ground for refusing the prayer for condonatio......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
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