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Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)

....l was notified and on 27-6-1996 this matter came up in the list and was adjourned on the prayer of the Government. Again this matter came up for hearing on 29-1-1997 when a Counsel for the Government stated that the learned Attorney-General had already written to the Government in respect of the rel......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..

Category: Constitutional Law | Date: | Hits: 829

Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)

....nvestigation, the victim girl Lata Rani Saha and accused respondent No.1 Khondaker Zayedul Hoque were arrested by the police and produced before the learned Magistrate Narayangonj on 6-10-97. The statement of the victim was recorded under section 164 of the Code of Criminal Procedure and she wa......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed.  This Case is also Reported in: 52 DLR (AD) (2000) 66. ..

Category: Criminal Law | Date: | Hits: 48

Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)

....he trial Court and the judgment of the High Court Division to see whether the submission raised by the learned Advocate on this point has any substance or not. 7. At the outset it must be stated that the judgment of the High Court Division is not a very happy one as because the learned ......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ..

Category: Criminal Law | Date: | Hits: 61

Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)

....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..

Category: Criminal Law | Date: | Hits: 59

Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)

....t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ..

Category: Criminal Law | Date: | Hits: 59

Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)

....ion in Writ Petition No. 3165 of 1997 making the Rule Nisi absolute. 2. The writ-petitioner-respondent claims to have purchased 47.75 acres of land which originally belonged to Bhawal Raj Estate and which was taken over by the Court of Wards under the Court of Wards Act, 1879. The Bhawal...... 7. Md. Shahidul Alam Chowdhury, learned Advocate for the petitioner, submits that the Court of Wards, acting under the Court of Wards Act, 1879 does not perform a function in connection with the affairs of the republic but in connection with the affairs of private property. Therefore, the impu..

Category: Constitutional Law | Date: | Hits: 164

Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)

....ng and separating the boundary of the saham of the ejmali land to the parties of the said partition suit and the Advocate Commissioner accordingly distributed and separated the saham and filed his statement on 2-10- 78. Thereafter, the final decree was passed on 23-12-78 and the suit property fe...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ..

Category: Property Law | Date: | Hits: 57

Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)

.... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ..

Category: Property Law | Date: | Hits: 87

Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)

.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ..

Category: Criminal Law | Date: | Hits: 92

Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)

.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ..

Category: Administrative Law | Date: | Hits: 159

Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)

....ies between the parties could not be a valid ground for withdrawal of the case before trial. The learned Tribunal Judge also found that the argument of the State that there are discrepancies in the statements of witnesses made under section 161 of the Code of Criminal Procedure is a matter for th...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ..

Category: Criminal Law | Date: | Hits: 63

Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)

....anglar Kheya and/or beaching any other ship in the plaintiffs yard. 3. After denying all the allegations of the plaintiff in the plaint, the defendant-appellants in their respective written statements stated that the vessel Banglar Kheya was agrounded by cyclone in June, 1985 in the offsh......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 213

Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)

....instant proceeding in GR Case No. 835 of 1984 was liable to be quashed under the law. 5. The learned Judges of the High Court Division discharged the Rule holding that in the FIR it has been stated that the accused persons create forged deed in respect of the informant’s land l coll......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ..

Category: Criminal Law | Date: | Hits: 72

Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)

.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ..

Category: Constitutional Law | Date: | Hits: 179

State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)

.... appeals (also other matters) in a manner to which objection is being raised not only by the losing side but sometimes also by the winning party. Facts of the case sometimes are not even carefully stated, arguments are but little noticed and often the case is decided only upon a dogma unsettling......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..

Category: Criminal Law | Date: | Hits: 77

Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)

....t the entire sum released without deduction of 10% of the sanctioned amount which was in violation of one of the conditions Furthermore, the value of the land mortgaged for securing the Loan was over-stated to show the same as proper security. 3. After investigation the police submitted charge-sh......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..

Category: Anti-Corruption Laws | Date: | Hits: 75

Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ..

Category: Administrative Law | Date: | Hits: 120

Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)

....they were all imaginary with no basis at all. The trial Court dismissed the suit after finding that the plaintiff claims were based on surmise and conjectures and that the plaintiff as PW 1 did not state in her deposition the basis of her claim. 4. The plaintiff preferred an appeal being......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ..

Category: Property Law | Date: | Hits: 72

AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)

.... for the purpose of counting his seniority, as also for some other reliefs. 3. The Ministry of Establishment, opposite party No 4 in the appellant’s petition, did not file any written statement and did not contest the case. A written statement was filed by opposite party No. 1 to th......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ..

Category: Administrative Law | Date: | Hits: 140

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

....d of remand she was subjected to shocking, shameful and unbearable pressure and torture both mental and physical and intimidation. She was told that until and unless she agreed to sing a confessional statement in connection with the Aforesaid Dhanmondi PS case there would be torture on her and also ......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..

Category: Criminal Law | Date: | Hits: 115