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KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......investigation, the charge-sheet under sections 120B/448/449/302/ 109/34 of the Penal Code was submitted on 15-10-1998 against 23 accused persons including the three petitioners. 3. The prosecution case, in short, is that, after the killing of Bangabandhu Sk Mujibur Rahman and his family on 15th A..Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......leque and thus fell into an error in passing an order of acquittal upon the accused-opposite party Abdul Khaleque. 5. Before adverting to the contentions pressed into service the background of the case may be summed up which are as follows: Dud Mia Mazumder, the father of the informant-petitioner..Category: Criminal Law | Date: | Hits: 42
Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)
....ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42.......d merit in the contention of the learned Advocate for the informant. Anticipatory bail is granted to save the honour and prestige of a citizen who is wanted by the police whether in connection with a case or not with the evil motive of harassing him. But it cannot be said that after submission of ch..Category: Criminal Law | Date: | Hits: 33
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......enal Code. Ajit Kumar Biswas, Mizanur Rahman, Abdul Matin, Abdul Hadi, Enamul Sarwar @ Abdul Mannan, Sub-Inspector of Police without an order of Magistrate, 1st Class, most illegally investigated the case and Mr. Abdul Mannan Sub-Inspector of Police submitted charge-sheet on 12-7-94 against the peti..Category: Criminal Law | Date: | Hits: 62
Harun and others Vs. State, 1998, 27 CLC (HCD)
....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......aneous Case No.310 of 1998. with Criminal Miscellaneous Case No. 142 of 1998 with Criminal Miscellaneous Case No. 254 of 1997. Judgment AK Badrul Huq J. - Criminal Miscellaneous case No.1212 of 1996, 310 of 1998 and 142 of 1998 arising out of three applications for bail of thre..Category: Criminal Law | Date: | Hits: 65
State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)
.... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ...... August, 2004 over an occurrence alleged to have been committed, on 21st August, 2004 at about 5.40 p.m. in front of the Central Office of Bangladesh Awami League, the Motijheel police registered the case and took it up for investigation. In the said incident 19 leaders and activists of Awami League..Category: Criminal Law | Date: | Hits: 50
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....ovisions of law there is no question of infringement of Article 31 of the Constitution and application of Article 40 is "subject to any restrictions imposed by law". And 'wishful hopes without lawful root is not legitimate expectation' (Hafizul Islam vs Bangladesh, 11 BIT 65). 32. In Travancore R......¦¿à¦ƒ বোঃ/ নিঃ ওসঃ/-২/০৪/২৪০ dated 4-3-2004, evidenced by Annexure A to the Writ Petition shall not be declared to be without authority and of no legal effect. 2. The case of the petitioners, in short, is that, (a) the petitioner No. 1 is a private limited company..Category: Others | Date: | Hits: 182
State Vs. Babul Miah, 2010, 39 CLC (AD)
....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......Code but no separate sentence was awarded on the other count. The learned Judges of the High Court Division rejected the death reference and acquitted the respondent of the charges. 2. Prosecution case rests upon the extra judicial confession said to have been proved by Noor Mohammad (P.W.3), Bac..Category: Criminal Law | Date: | Hits: 58
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......No. 1499 of 2007 is directed against the judgment and order dated 9.11.2006 of the High Court Division passed in Civil Revision No. 3747 of 2002 making the Rule absolute. Since the facts of the above cases are more or less similar the question of law involved are also same and both the petitioners a..Category: Property Law | Date: | Hits: 62
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12.......le Appeal No.11 of 1997 against the aforesaid judgment and decree and the learned appellate Judge on consideration of the materials on record, the depositions as well as the exhibits available in the case record, and considering the submissions made by the learned Advocates of the respective parties..Category: Property Law | Date: | Hits: 71
Syed Muhammad Mashiur Rahman Vs. President of Bangladesh and others, 1996, 25 CLC (HCD)
.... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ...... Md. Mozammel Haque J.- This is an application under Article 102 of the Constitution of the People's Republic of Bangladesh. Mr. Syed Muhammad Mashiur Rahman, an Advocate, is the petitioner in this case. In this writ application he has challenged the vires of 13th Amendment of the Constitution, na..Category: Constitutional Law | Date: | Hits: 199
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......t dated 23.02.1977 and the sale deed in favour of the Government has been executed and registered through Court in satisfaction of a decree passed against the M/S. Rally Brothers through an execution case and that the suit land has been sold out in auction and purchased by the defendant No.5, who af..Category: Property Law | Date: | Hits: 58
Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)
....on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4.......redecessors of the plaintiffs have been possessing the said land planting trees thereon, as their accreted land. Thereafter when disputed land became cultivable the petitioners filed a miscellaneous" case being case No.988/66-67 and the Additional Deputy Commissioner, Bakerganj was directed to file ..Category: Property Law | Date: | Hits: 57
Abdul Majid Pramanik and others Vs. Md. Sorhab Ali and others, 2010, 39 CLC (AD)
....mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1.......rder dated 6th August, 2.009 of a Single Bench of the High Court Division in Civil Revision No.3069 of 2008. 2. Petitioners instituted the Miscellaneous Case. No. 23 of 1997 for pre-emption of the case land under section 24 of the Non-Agricultural Tenancy Act. According to them, .06½ acre of lan..Category: Property Law | Date: | Hits: 54
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......iff nor her co-sharer had been in possession of the suit property and, as such, the plaintiff had no locus standi to file the suit and the suit was therefore liable to be dismissed. 4. The further case of the defendant was that without filing the suit for declaration the present Suit for partitio..Category: Property Law | Date: | Hits: 59
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25....... the absence from house, Azizul Pramanik and other accused persons broke open the door of their house and kidnapped his newly married sister, Meherjan aged about 18/19 years and also took away a suit case and other articles of value. On return, the informant and others heard about this incident. But..Category: Criminal Law | Date: | Hits: 50
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......ended that delegated power as conceived in section 25(7) of the Act has no relation with the normal market price and, as such, the basis for levy of duty in exercise of delegated power in the present case is without lawful authority. Further, it was argued that sub-section (7) of section 25 is indep..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......f the Code of Civil Procedure and section 57 of the Artha Rin Adalat Ain, 2003 in Mortgage Decree Execution Case No. 25 of 2001 (arising out of Mortgage Suit No. 72 of 1996). 2. The petitioner’s case in short is that her father late Dudu Mian was the lawful owner in possession of 8.04 decimals ..Category: Civil Law | Date: | Hits: 183
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
.... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......p him imprisoned to serve out the above sentence. He (contemner) is also directed to deposit the fine of Taka 2,000/= (two thousand) only in the Account Section of the Supreme Court of Bangladesh. In case the contemner fails to surrender as directed, the Police Super, Rangpur shall secure his arrest..Category: Criminal Law | Date: | Hits: 68
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......ng action in his/her name only by a next friend. Otherwise such plaint would be taken off the file. There might be some cost also to be paid by the pleader or other person by whom it is presented. In case of a person under disability as a defendant, the Court, on satisfaction of his/her disability, ..Category: Property Law | Date: | Hits: 54