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Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... No.21 of 1999. 2. The petitioners as plaintiffs filed Other Class Suit No.593 of 1984 in the Court of Assistant Judge, Kendua for declaration of title and also for recovery of possession in part by amendment of plaint, stating to the effect, that one Kasum Bhuiyan held the disputed land m...... 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
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....etition No. 349 of 1989 by its judgment dated 29.8.1989 the High Court Division gave a certificate that the matter involved a substantial question of law as to the interpretation of the Constitution, particularly Article 38 thereof. 2. In his Writ petition the appellant challenged the validity of...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunÂder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....e courts has been made in disregard to the judgment of this Court in the cases of A.F.M. Shah Alam and others, reported in 41 DLR (AD) 68 and also in misconstruction of all relevant Election Laws, in particular, section 26 of the UP Ordinance, which provides that an election dispute may be deterÂmi......ide the uncontested elecÂtion 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
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....XXIX of 1925), sections 283 & 211 Respondent claiming to have entered into an agreement of sale with the deceased filed a suit for specific performance of contract and wants to be added as a party in the probate proceeding brought by the appellant of the will left by the deceased. The quest......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....t of an accused under s. 164(3) Cr.P.C………..(6) A man under the apprehension of death is not likely to speak falsehood and involve innocent persons in preference to his assailant. That is why particular sanctity is attached to such a statement and it is admissible as substantive evidence...â......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....en Birds and Company upon entering into an agreement with the then Pakistan National Oil Company and on the liberation of Bangladesh with the Jamuna Oil Company, that the lessee took the plaintiff as partner and executed a partnership deed on January 28, 1971 and thereupon previous proprietorship fi......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)
....ted by Sharifuddin Chaklader, Advocate-on- Record-For the Appellants (in all appeals) Nurullah, Senior Advocate, instructed by Md. Nawab All Advocate-on-Record-For Respondent No. 5 Ex-parte-Respondent No. 1 Not represented-Respondent Nos. 2-4 & 6-27 Civil Appeal N....... 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)
.... Hamida Khatoon and another ...................Respondent Judgment May 20,1998 Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Ex-parte-For the Respondents. Civil Appeal No. 47 of 1995 (From the judgment and order ......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)
....gorous imprisonment for two years more. Both the accused preferred Criminal Appeal No. 473 of 2002 before the High Court Division. By the impugned Judgment and order the appeal has been allowed in part acquitting the co-accused Md. Wasim Mia while dismissing the appeal so far as it relates to th......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
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....r Rouf Sarder seeks leave to appeal against the judgment and order dated 21.06.2005 passed by a Division Bench of the High Court Division in Criminal Appeal No. 1716 of 1994 allowing the appeal in part, altering the order of conviction of the petitioner from Sections 302/34 of the Penal Code to ......ling him a cow lifter as a result of which he died. Suranjan Kamur brother of deceased Bhabaranjan lodged FIR with Tala Police Station on the basis of which a case was started and the police after investigation submitted charge sheet against the accused petitioner and others. During trial they w..Category: Criminal Law | Date: | Hits: 52
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
.... Chowdhury J.- Convict Mahbbur Rahman seeks leave to appeal against the judgment and order dated 03.08.2003 passed by the High Court Division in Criminal Appeal No. 777 of 1987 allowing the appeal in part modifying the sentence of Rigorous Imprisonment of 7 (seven) years under sections 409 and 467 o......he aforesaid fact being revealed, Motijheel PS. Case No.170(11)82 was started against the petitionÂer, co-accused Majibul Hoque and others under sections 409/467/468/ 201 of the Penal Code and after investigation charge sheet was submitted and the case was thereÂafter sent for trial and the learne..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and anothÂer Vs. State, 2006, 35 CLC (AD)
.... the High Court Division in Death Reference No. 22 of 2000 with Jail Appeal No. 1635 of 2000 and Criminal Appeal No. 1243 of 2000 rejecting the aforesaid death reference and allowing the appeals in part affirming the order of conviction of the accused petitioner Mizanur Rahman alias Mithu a......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 48
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....f Criminal Procedure and on 17.8.1999 submitted Final Report against the accused petitioners. On receiving the police report the Tribunal, however, took cognizance and after hearing the parties framed charge under Sections 9 (Kha)/14 of the Act against the accused p......e would be returned before evening. But ultimately she was not returned and then the informant lodged the aforesaid First Information Report. 3. The local police registered the case, started investigation, examined witnesses including the aforesaid victim girl Tamanna Taskin Nishi and reco..Category: Criminal Law | Date: | Hits: 29
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....ere under as already mentioned above. The accused petitioner moved the High Court Division in Criminal Appeal No. 1748 of 2000 and a Division Bench of the High Court Division after hearing the parties by the impugned judgment and order dismissed the appeal. Hence is this petition. ...... kept and on the basis of aforesaid allegation said Md. Farooq Hossain lodged First Information Report. Thereafter a case was started and it was investigated by the police and the police after investigation submitted charge sheet under Section 394 of the Penal Code. The case being sent for ..Category: Criminal Law | Date: | Hits: 52
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....d...........For the Appellants (In Criminal Appeal No. 100 of 1998) Md. Nowab Ali, Advocate-on-Record......For Respondent No.2 (In Criminal Appeal No. 99 of 1998) Ex- parte-Respondent No. 1. (In Criminal Appeal No. 99 of 1998) Md. Nowab Ali, Advocate-on-Reco......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....t was recorded in her name and the said revenue record was quite correct, that the defendant No.1 lives in separate mess. 4. The trial Court on consideration of the evidence of the parties, both oral and documentary, arrived at the findings that the plaintiffs have filed C. S and......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....Magistrate summarily and then the petitioner moved the learned Sessions Judge in revision against the aforesaid order of the learned Magistrate and the learned Sessions Judge after hearing the parties directed further investigation and being aggrieved the accused respondent Ali Asgar Be......hen the petitioner moved the learned Sessions Judge in revision against the aforesaid order of the learned Magistrate and the learned Sessions Judge after hearing the parties directed further investigation and being aggrieved the accused respondent Ali Asgar Bepari preferred revisional appl..Category: Criminal Law | Date: | Hits: 41
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....9 discharging the rule thereby affirming the judgment and order dated 28.07.1999 passed by the learned Additional Sessions judge, Munshigonj in Criminal Appeal No. 29 of 1999 allowing the appeal in part upholding the order of conviction and sentence passed against the two petitioners, while acqu......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 27
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
....filed by the accused petitioners is against the Judgment and order dated 26.4.2003 passed by a Division Bench of the High Court Division Criminal Appeal No.1127-of 1998 allowing the appeal in part by reducing the sentence of appellant No.1 from imprisonment for life to 10 years an...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ivision in Death Reference No.22 of 1994 heard analogously with Criminal Appeal Nos. 2218, 2286, 2446 and 2532 of 1994 since a common question of law upon similar facts arose between the same parties. 2. The short facts, leading to this petition, are that the trial Court by judg......h the injured. The informant and his brother took both the injured to Khulna Sadar Hospital and thereafter, at 9.00 a.m the informant lodged the first information report. 4. The police upon investigation submitted charge sheet against the accused petitioners and other s under section..Category: Criminal Law | Date: | Hits: 25
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