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Md. Kamal and another Vs. State, 2010, 39 CLC (AD)
....and order dated 14.10.2009 passed by the Appellate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988....... Involved: Kazi Akter Hamid, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioner (In both the cases) Not represented- the Respondent (In both the cases) Criminal Review Petition for Leave to Appeal Nos. 3-4 of 2010. (From the judgment and order dated the 14th ..Category: Criminal Law | Date: | Hits: 54
State and Others Vs. Abdul Kader @ Mobail Kader and others, 2010, 39 CLC (AD)
....e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surrender forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984.......e considered it in their findings and in the decisions committed an error occasioning failure of justice. The impugned judgment and order of the High Court Division is liable to be set aside. In view of the above, the submissions of the learned Counsel for the petitioners deserve consideratio..Category: Criminal Law | Date: | Hits: 46
.... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971.......and the Company Court after hearing the parties by its order dated 15.4.2002 was pleased to allow the application of the respondent after invoking its jurisdiction under section 85(3) of the Act in view of the facts and circumstances of the case and condoned the delay in holding the AGM for the af..
Category: Criminal Law | Date: | Hits: 60
Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)
....edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020.......High Court Division misapplied the statement of law argued in 57 DLR(AD) 82. 6. We have heard the learned Senior Advocate for the accused petitioner and perused the connected papers. We are of the view that the High Court Division upon proper assessment of the materials on record has arrived at a..Category: Criminal Law | Date: | Hits: 54
....eals and affirming the judgment and decree of the trial Court.
We find no substance in these petitions which are accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 968.......h Court Division rightly held that until and unless the judgment and decree passed in earlier suits in suit No. 42 of 1979 and 148 of 1965 are set aside those are binding upon the parties.
In such view of the matter the High Court Division committed no illegality in dismissing the appeals and aff..
Category: Property Law | Date: | Hits: 44
....t. Therefore the High Court Division rightly discharged the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 964.
......tion for leave to appeal.
7. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record.
8. It appears that in view of Section 9 of the Artha Rin Adalat Ain, 1990 execution case was rightly entertained by the ..
Category: Civil Law | Date: | Hits: 96
Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)
....decreeing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 960.......ved by the witnesses of the plaintiffs at least since 20.12.1986 when electricity bill in the name of the defendants in respect of the shop room standing on the suit land have been paid and also in view of the facts that the tube-well on the suit land has been installed in 1981. The suit was filed..Category: Property Law | Date: | Hits: 51
Dr. Qazi Faruque Ahmed Vs. Mahbub-ul Karim and others, 2010, 39 CLC (AD)
....f paper books is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 955.......for an execution of the judgment and order dated 11.08.2009 passed in Civil Revision No.2323 of 2009 to which the High Court Division in writ jurisdiction cannot act as such an executing Court. In view of the above, the submissions of the learned Counsel for the petitioner deserve consideration. ..Category: Civil Law | Date: | Hits: 103
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
....fendants, as discussed by the High Court Division, which were admitted by the Court below without any objection. It is clear case where the Courts below have committed an error of law resulting in an erroneous decision occasioning failure of justice, the High Court Division under its revisional juri......g in an erroneous decision occasioning failure of justice, the High Court Division under its revisional jurisdiction is inclined to interfere with the concurrent findings of the Courts below. In view of the above, we find no substance in the submissions of the learned Counsel for the petition..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....t by the principle of res-judicata and the Courts below committed gross error of law in overlooking the aspect of res-judicata and thereby judgment and decree passed by the courts below were based on erroneous decision occasioning failure of justice. 10. We have perused the leave petition and h......absolute and thereby dismissed the Title Suit No. 28 of 1997, relying on the saham allowed in favour of plaintiff-Hatem Ali Sharif in the earlier partition suit being Title Suit No. 59 of 1992 and in view of the judgment and decree passed in Title Suit No. 59 of 1992 held that the Title Suit No. 28 ..Category: Property Law | Date: | Hits: 45
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
....ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ......ed for the admission but when it was detected that he crossed the age limit more than 40 years, his admission was cancelled. The said Dr .Syed Amjad Ali made a representation to the University and in view of the said representation Dhaka Medical College wrote University authority and wanted directio..Category: Others | Date: | Hits: 100
....arged.
However, there will be no order as to costs.
Md. Ashfaqul Islam J.- I agree.
Ed.
This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181.
....... M. K. Rahman appears and with the leave of the Court submits that the case reported in 60 DLR (AD) 172 is not applicable in the instant case. The learned Additional Attorney General submits that in view of the inquiry held in the year 2001, the impugned notice is nothing but harassment to the peti..
Category: Anti-Corruption Laws | Date: | Hits: 171
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ......ases 494 that “Negotiable Instrument Act,1881-section 138-compounding of the offence-Accused and the complainant settling matter amicably and memo of settlement produced before the Supreme Court-In view of this, conviction and sentence set aside”. 12. A few other decisions on compounding of t..Category: Criminal Law | Date: | Hits: 57
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
....er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......94 of 2001 which is still Pending before the Court for disposal, the respondents were legally bound to refrain themselves from taking any action against him till the disposal of that criminal case in view of the Provision of regulation 49 (1) of the Regulation-1990 but instead of Provision 49 (1) of..Category: Employment/Service Law | Date: | Hits: 104
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......ding about non-existence of Keshab and also in finding about non-maintainability of the suit. The Court of appeal below also did not reverse all the findings arrived at by the trial Court and in that view of the matter, the judgment of the Court of appeal below is not a proper judgment of reversal..Category: Property Law | Date: | Hits: 32
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931.......ucted the suit in the trial Court. 8. Having regard to the facts and circumstances of the case as disclosed in the observations made by the High Court Division, quoted hereinabove, we are of the view that the default was made by the petitioner in contesting suit. The premium given by the trial ..Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......ivery of possession by the vendor to the vendee on 01.07.87 and soon thereafter, performing Taleb-i-mowasibat on 01.7.87 and Talab-i-ishat on 7.7.87 respectively filed the suit on 10.8.87 and in that view of the matter it cannot be said that the suit is barred by limitation or the pre-emptor without..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....he learned Counsel Mr. Khandaker Mahbubuddin Ahmed with Mr. Anowarul Azim Khair, appearing on behalf of the plaintiff-appellant-petitioner submits that both the courts below were absolutely wrong and erroneous in dismissing the case of the plaintiff. Both the Courts below without applying their judi......ion is competent to reverse the judgment of the Courts below when the same has been made either upon mis-reading or non-consideration of the material evidence causing failure of justice”. 15. In view of the facts and circumstances of the case and also the legal position the finding of the Court..Category: Property Law | Date: | Hits: 39
Alauddin Vs. State, 1999, 28 CLC (HCD)
....not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......cuseds filed the present application under section 561A of the Code of Criminal Procedure and obtained the Rule. 3. Mr. Syed Ziaul Karim appeared on behalf of the petitioner. He has argued that in view of the provisions of section 27 of the Special Powers Act, 1974 can be taken by a special tribu..Category: Criminal Law | Date: | Hits: 29
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......ments filed by the parties came to a concurrent finding that the plaintiff- petitioners have no prima facie case. I myself have also considered the materials on record and can not but hold the same view. Therefore, I find no substance in the 1st contention of the learned Advocate for the petitio..Category: Procedural Law | Date: | Hits: 80
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