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Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
....ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ......e for permanent injunction if they are found in exclusive possession of more lands then they are entitled to retain possession according to the devolution of their interest. 5. We are of the view that the High Court Division on proper consideration of the materials on record discharged th..Category: Property Law | Date: | Hits: 26
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ...... of the plaintiffs instead of 3.481/2 acres of land as decreed by the Courts below allotting 16 annas share in suit land in favour of the plaintiff to the exclusion of shares of defendants. 10. In view of the above, we found no merit in the submissions of the learned Advocate for the appellants. ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......d without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......inuing as an existing law along with other laws, after withdrawal of martial law, being protected and saved within the terms "others laws" as constitution, and it is subject to judicial review of this court whenever it is challenged." Again it was observed: &..Category: Constitutional Law | Date: | Hits: 167
....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......ordance with the specific provisions of the Instruction. In other words, that would leave only the petitioner's substantially responsive bid as the sole bid to be considered for evaluation with a view to an award of the contract. In this regard, the Respondents are directed to accept the petitio..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ...... sanction was received without producing the sanction order before the court and putting in the same to the evidence in order to show that the sanction order was valid and proper is not enough. In my view the trial has been held without sanction from the proper authority and as such the trial held b..Category: Criminal Law | Date: | Hits: 63
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......bsp; MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J 1. A.T.M. Nasiruddin………........ Petitioner (In Civil Review Petition No.110 of 2008) 2. A.T.M. Nasiruddin…….......... Petitioner (In ..Category: Property Law | Date: | Hits: 48
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....to any finding whether or not the proposed amendment is necessary for the proper adjudication of the real controversy between the parties” but even then discharged the Rule on extraneous and erroneous considerations. The learned counsel further submits that the finding of the High Court Di......Khoshnabish, Advocate-on-Record- For the Petitioners. Mahmudul Islam, Senior Advocate, instructed by Mr. Ahsanullah Patwary, Advocate-on-Record-For the Respondent. Civil Review Petition No. 82 of 2004. (From the judgment and order dated 12th May, 2004 passe..Category: Property Law | Date: | Hits: 24
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ...... that admittedly the auction purchaser, the respondent No.4, has already got the sale deed in respect of his auction purchased property executed and registered from the respondent No.3 bank and in view of the above, in terms of the provisions of subsection (8) of section 12 of the Artha Rin Adal..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......at suit land and building at the time of the contract and so although the petitioners failed to pay the loan money within the specified stipulated period and then within the extended period but in view of section 22 of the S. R. Act, the said failure does not lawfully entitle the respondent No.1..Category: Property Law | Date: | Hits: 28
Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)
....esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ...... Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Mr. Bivash Chandra Biswas, Advocate-on-Record- For the petitioner. Not represented- the Respondents. Civil Review Petition No. 174 of 2008 (From the judgment and order dated 3.6.2008 passed by the Appe..Category: Property Law | Date: | Hits: 35
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ...... S. K. Sinha J Major Md. Bazlul Huda (Artillery)……….....Appellant (In Criminal Appeal No. 55 of 2007, Criminal Miscellaneous Petition No. 08 of 2001 and Criminal Review Petition No.03 of 2000). Lieutenant Colonel Syed Faruque Rahman………..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......y left the place with a jeep. 182. The above evidence shows that Major Rashid and Farooque Rahman, who as the records show are close relation, arranged the night parade on 14th night with a view to fulfill their premeditated plan of conspiracy. Major Rashid as the records show is also a c..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......o the hijacker, who grabbed State power as the President of the Republic. 345. Mr. Anisul Huq, the learned Counsel for the respondent, pointed out with deep voice that, prosecution, with a view to get justice and to see rule of law has been established, unsuccessfully moved from Court to..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......ed Judge, under these circumstances, was required to independently examine the matter and express his opinion. It is not permissible to only or merely indicate the agreement with one or the other view without giving reasons therefore.” 486. In the case of Sarat Chandra M..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......Ramjag V. State of U.P., AIR 1974 SC 606; it has been observed as follows: “It is true that witnesses can not be called upon to explain every hours delay and a commonsense view has to be taken in ascertaining whether the first information report was lodged after undue d..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ...... The Supreme Court of India considered case of Sahoo (supra) and other decisions (AIR 1974 SC 1545, (1975) 1 SCR 747, AIR 1975 SC 258, AIR 1966 SC 40 and AIR 1977 SC 2274) Desai, J. and was of the view that there is neither any rule nor of prudence that evidence furnished by extra judicial confe..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....e background of the Ext. C dated 15.11.1961 that although possession of the persons other then the Sitakunda Mela Committee was found but that would not disentitle the plaintiff to get the relief was erroneous and contrary to the materials on record, that finding of the appellate Court that the suit......ry of the petitioner and as the land was recorded inspite of the material in Ext. C in the name of the Sitakunda Mela Committee the High Court Division as well as the lower appellate Court was of the view, in our opinion quite correctly, that ultimately at whose instance Miscellaneous Case No.95 was..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......being the 2nd instalment as well as a letter of advice from Sangstha directly, but they kept the letter of advice with them and submitted the cheque to the Rupali Bank and encashed the same with a view to defalcating it. 16. After filing the Miscellaneous Case under Article 33(1), the San..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......nspiracy was given and there was no corroboration of the evidence of P.M. 26. The High Court Division found that P.Ws.2 and 26 are the creation of P. W.27 which is most probable. 17. In such view of the matter the High Court Division was justified in discarding the evidence of P.Ws.2, 8, 2..Category: Criminal Law | Date: | Hits: 63
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