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Abu Taher and others Vs. State, 2009, 38 CLC (AD)
....ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ......ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ....../149 of the Penal Code sentencing them to suffer imprisonment for life and to pay a fine of TK.3000.00(three thousand) each in default to suffer rigorous imprisonment for 1(one) year more. 2. The facts involved in the case, in short, are that Md. Sayed Ali, informant, lodged FIR on 17.07.1994 st..Category: Criminal Law | Date: | Hits: 31
Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)
....dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ......dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ......Bangladesh is directed against the judgment and order dated the 2nd day of June, 2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 discharging the Rule. 2. The facts involved in the case, in short, are that the complainant is an organization registered under t..Category: Criminal Law | Date: | Hits: 45
Md. Khayruddin Vs. State, 2009, 38 CLC (AD)
.... petitioner. Preparation of the paper-book is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC(2010) 1018. ...... petitioner. Preparation of the paper-book is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC(2010) 1018. ......nt and Order dated 13.04.2009, passed by the High Court Division in Criminal Appeal No. 351 of 2005, affirming the conviction of the petitioner under Section 19A and 19(f) of the Arms Act. 2. The facts leading to the filing of this petition are that while the informant, a Sub-inspector of Police..Category: Criminal Law | Date: | Hits: 41
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ......rformance of funeral and shraddya ceremonies of deceased Monmohon Sheel were performed after his death 50/60 years before and that no arrears of rents remained due in respect of lands transferred, in question and that the defendant No.2 had no necessity to transfer such a huge chunk of land at a cos......n in First Appeal No.134 of 1998 dismissing the appeal affirming those dated 26.02.2009 passed by the Subordinate Judge, 1st Court, Faridpur in Title Suit No. 8 of 1993 decreeing the suit. 2. The facts involved in the case, in short, are that the deed mentioned in ‘Ka’ schedule of the plaint..Category: Property Law | Date: | Hits: 29
M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)
....e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......where it is" basis. The licence of the trawler expired in 1989 and accordingly the authority informed the concerned Ministry intimating that the appellant had in the meantime purchased the trawler in question and requested it to renew the licence of the trawler. The Ministry provisionally issued a l......e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ..Category: Property Law | Date: | Hits: 34
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
.... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123.......d some documents including their purchase deeds while the decree holder examined one of its officers. The trial Court rejected the application by impugned order being of the view that the transfer in question was without any consideration and as such, transfer did not pass any interest to the petiti......er dated 29-8-99 passed by Subordinate Judge and Artha Rin Adalat at Patuakhali in Miscellaneous Case No.13 of 1998 by which the prayer, for release of the attached property was rejected. 2. Short facts for disposal of the Rule are that opposite party No.1, Bangladesh Krishi Bank as plaintiff ins..Category: Property Law | Date: | Hits: 27
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......tate of West Bengal as reported in AIR 1974 (SC) 2154). We have noticed that in the grounds the cases have not been mentioned as one of the grounds for detention but to show his past activities. This question has also been finally settled in the case of Habiba Mahmud. It has been observed that where...... managed a final report tin that case by exerting pressure upon the police. Mr. Zaman has also referred to the first information report lodged by the father of the victim on 11-2-1999 stating all the facts. Mr. Zaman has submitted that this was not treated as first information report but the police ..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......, whether the trial was vitiated by such joinder‑ If a non scheduled offence is included in the trial of a scheduled offence the trial does not necessarily become void or without jurisdiction but a question may be raised as to whether the accused was prejudiced by such joinder. In a particular cas......ling of gold. Therefore, the joinder of the offences did not vitiate that trial. In paragraph 20 of the aforesaid reported case this point has been categorically and elaborately discussed. 27. The facts of the case reported in 45 DLR (AD) 13 involves smuggling of gold which is punishable both und..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......against the said judgment and order but the Rule was discharged by the impugned order. 3. Leave was granted to consider that submissions of the learned Counsel for the appellants that— "the question of 'jurisdictional fact' with regard to non-issuance of statutory notice prior to enlistmen......the purchase of the case property by the present writ petitioner from her does not arise. Her Kabala and the kabala in the name of Zakia are products of false personation. All these are findings of facts in a petition, so the High Court Division cannot look into it. The findings of the Court of ..Category: Property Law | Date: | Hits: 30
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......r evidence that the convict petitioner having adopted deceitful means has procured the so-called Kabinnama, and on consideration of the above aspect of the matter it can be said that the kabinnama in question is nothing but the output of an act of depravity of the petitioner. 6. The learned Couns......nd sentencing the petitioner (in absentia) for a period of 10(ten) years RI with a fine of Taka 2,000 in default to suffer RI for further period of 6 months more should not be quashed 2. The short facts leading to this petition are, that one Mosammat Salina, the victim lodged an first information..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......decree in that suit operated only as a money decree, and, therefore, the sale held thereunder passed only the right, title and interest of the judgment-debtors instead of passing the entire tenure in question.” 16. In the case of AS Mohammad Ibrahim Ummal alias Shahul Hameed Ummal of unsound mi......d 27-11-1993 passed by Senior Assistant Judge, Sadar, Noakhali, in Miscellaneous Case No. 87 of 1992 rejecting the application under Order 9 rule 13 of the Code of Civil Procedure. 2. Briefly, the facts for disposal of the Rule are that, the opposite parties as plaintiffs instituted the Title Sui..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......oking this Court’s Civil Revisional Jurisdiction on laying petition under section 115 of the Code of Civil Procedure. 2. The fate of Civil Revision petition hinges on answer to the following two questions which are- (i) Whether Local Investigation under Order 26, rule 9 of the Code of Civil ...... power to hold Local Investigation in a circumstance where it deems a Local Investigation to be requisite and proper for the purpose of elucidating the matter in dispute. 6. Portrayal of essential facts forming background of Civil Revision petition may be looked into which are as follows: 7. P..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......dul Matin J. - This appeal on leave is directed against the judgment and order dated 17.07.2001 passed by the High Court Division in Civil Revision No.3535 of 2000 making the Rule absolute. 2. The facts, in short, are that the appellant is defendant No.1 in Title Suit No.249 of 1998 which was ins..Category: Property Law | Date: | Hits: 39
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147.......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147....... Appeal No. 35 of 1979 affirming the judgment and order of learned Munsif Sadar, Rajshahi in Miscellaneous Case No.59 of 1979 under Order 9, rule 13 of Code of Civil Procedure on 29.4.78. 2. Short facts are that opposite party No.1 brought a Partition Suit against the petitioner of this Revision ..Category: Procedural Law | Date: | Hits: 66
Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)
....hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ......of the receipt of the record by the learned A.D.M. on 10.3.85. He submitted that after 22.5.85 the learned A.D.M. has not extended the period by another 30 days as required under the law. Now the question is how the working days are to be calculated. 6. The learned Deputy Attorney General sub......dated 23.11.85 passed by Mr.Fazlul Huq, Additional District Magistrate, Feni in G.R.Case No. 184 of 1984 shall not be set aside and the proceeding of the said G.R.Case shall not be stopped. 2. The facts leading to this Rule is that the opposite party No. 2 on 22.10.1984 lodged F.I.R. is Feni Po..Category: Criminal Law | Date: | Hits: 26
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139....... the instant pending proceeding against all the 42 accused petitioners, accused of murder, would not come within the mischief of section 339 C (4) of the Code of Criminal Procedure and therefore no question of stopping the proceeding against them would arise. 26. We find no illegality in the or......section 439 of the Code of Criminal Procedure and is directed against an order dated 30.3.87 passed by A.K. Muhammad Ali, Session Judge, Narail-Magura in Sessions Case No. 64 of 1985. 2. Short facts are that one Sk. Nawabul Alam, son of Golam Hossain alias Kuti Mia Sheikh of village Bender ..Category: Criminal Law | Date: | Hits: 30
....mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136.......llegal.
3. The respondent No. 1 filed affidavit-in-opposition wherein it was stated that the resolution was adopted by Upazila Parishad unanimously as also in the public interest and therefore the question of quashing the resolution did not arise at all. It was also stated that the resolution was......mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136...
Category: Administrative Law | Date: | Hits: 185
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ...... line in the provision as to what facts would constitute an appropriate case no hard and fast rule can be laid down in this respect. Each case has to be decided on the facts of individual case. The question whether on the setting aside of a wrongful dismissal reinstatement should be allowed or s......r is challenged in this writ petition as being without any lawful authority and of no legal effect. 4. Mr. Md. Abdur Rashid, the learned Advocate appearing for the petitioner submits that on the facts of the instant case the Labour Court has acted beyond its jurisdiction in converting the w..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......was inadmissible in evidence and the learned sessions judge wrongly admitted it in evidence has got no substance. The cases cited by the learned advocate in this respect also do not help him as the facts of those cases were different from that of the present case. 21. The next contention of the..Category: Criminal Law | Date: | Hits: 27
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......oved this Court under Section 115 of the Code of Civil Procedure and obtained the present Rule. 6. We have perused the record and heard the learned Advocate for the petitioners at length. The only question that has to be decided in this case is whether the petitioners are entitled to be added as ......re in possession of the same and that the testator had no ownership and possession of the case property at the time of the alleged execution of the will. So the learned Advocate submitted that in the facts and circumstances of the case the petitioners ought to be added as parties to the proceeding, ..Category: Property Law | Date: | Hits: 54
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