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Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)
....r business man; that on 8-9-1992 the accused petitioner by executing relevant papers received Tk.93,380/- as advance for supplying fish to the complainant; that the accused did not supply the fish in time, on query the complainant came to know that the trawler for catching fish of the accused was di......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ..Category: Criminal Law | Date: | Hits: 92
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....charge under section 302 read with section 34 of the Penal Code to which they pleaded innocence and claimed to be tried. 10. Prosecution in all examined 13 witnesses. Of them P.W.5 at the relevant time was the Officer-in-Charge of Malendaha Police Station and recorded the FIR on the oral statemen......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ointed as Mutawalli for the present tenure, i.e. for five years tenure from the date of order and/or such other or further order or orders passed as to that Court might seem fit and proper. At the time of the issuance of the Rule the respondent Nos.4 and 5 were also restrained from collecting re......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....e appointed and meanwhile also appointed a receiver for realization of the rent of the suit properties from the tenants. Then the defendants by application dated 19.11.2000 prayed for allowing them time to file written objection which was allowed. Then on 26.11.2002 the defendants filed an appli......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
..../A. Dhaka in addition to other grounds. The contention is that the opposite party No. 1 took loan of Tk. 25 lacs from the said Branch of Janata Bank on condition to repay the entire money in 10 years time at a monthly installment of Tk. 41,250/- but did not repay the said loan and thereby became a d......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....e deed was rightly presumed and proved but plaintiff filed objection against that report dated 13.06.2000 which was however, remained not proved by calling the expert in Court and trial Court gave time up to 29.05.2002 for about 2 years so the said report was not rejected by the trial Court and,......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....nd finally on the recommendation of the Departmental Promotion Committee and that opposite party Nos. 4-11 were given promotion to the post of Accounts Officer as per gradation list prepared at the time of entry into the service as Junior Accountant and as such the case is liable to be dismissed......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 125
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....ent and forcibly raped upon her there; that the victim girl came back home crying and informed her mother about the same occurrence; that the informant was in Chittagong at his service spot at that time and being informed about the occurrence came back home on 27-8-1998 and became aware of the fa......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 44
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
.... the High Court Division in revisional jurisdiction as against the judgment and order of the appellate Court i.e. order dated May 14, 2000. 7. The revisional application so filed was out of time by 1710 days. The petitioner filed an application seeking condonation of delay and thereupon t......n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 44
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
....2 wife of plaintiff No.1 by registered Kabala dated 15.10.1960 and thereby the plaintiffs acquired right, title and possession of .09 acres of land. That on 29.02.1975 the plaintiffs for the first time came to know that out of the said land .07 acres was recorded in their names while the rest .0...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 46
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
.... Dhaka and he was confirmed in his post on 17-2-1998 and his name was included in the MPO ensuring the Teacher's Index No. 470490; while in service he, on 16-11-1996, divorced his wife, who at that time was serving in Prisons Directorate, because of her involvement in an office-centred adultery ......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....at their own cost with previous permission of the collector but the refugees will have no right to sell or otherwise dispose of the land and buildings; however, if any refugee migrated at any time he will have to make over the land and buildings to the Collector who will dispose those on th......mity 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: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... right and to amend the law relating to the administration of the Society without any reference to, or despite, Article 38 of the Constitution. 7. From the impugned judgment it appears that at the time of the hearing of the Writ petition the learned Counsel for the petitioner, instead of challe...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....Transfer of Property Act deals with transaction inter vivos, the Succession Act deals with the estate of the deceased. The Respondent may have concluded a contract with the testator during his life time but section 283 deals with the estate of the deceased for the purpose of granting probate or le......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....or and Second Officer of Banaripara Police Station. Mahmuda Khanom, the deceased, a young woman of 23 years, was 'Aya' of Banaripara Thana Health Complex, also called Health Centre, at the relevant time. The prosecution case centres round her death which resulted from multiple acid-burn injuries......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....ng not filed legally by a competent person as plaintiffs, the plaint is liable to be rejected. 14. We are of the view that the maintainability of the suit is an issue to be decided at the time of heating of the suit and in any view, the question of maintainability of a suit can at best ......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....n and vacated the order of stay and passed necessary orders for proceeding with the Title Execution Case No. 18 of 1980. The judgment-debtors, however, filed an application stating that in the meantime, the Title Execution Case No. 18 of 1980 became barred by limitation under the provision of Ar......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
.... Ahmed Quoraisi for running petroleum business and on receipt of the first instalment a lease deed was registered in the name of Aziz Ahmed Quoraisi, that the outstanding instalments were paid in due time, that since 1965 the lessee was running petroleum business by the name and style Green Birds an......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....da Ghose had been paying rent for the suit promises to Amar Krishna Chowdhury and his co- sharers namely, Benode Behari and others. Plaintiffs' case further is that Sadananda Ghose during his life time inducted plaintiff Nos. 1, 3, 4, and 5 and the predecessor of plaintiff No. 6. Parul Bala incl....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 106
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ...... High Court Division did not enter into merit of the matter. 8. Annexure-A shows that the petitioner was appointed by Munawar Jute Mills Ltd. and he was given the selection grade scale of Tk.625-45-1315 by Munawar Jute Mills Ltd. vide Annexure-C. Annexure-J dated 01.01.1992 iss..Category: Employment/Service Law | Date: | Hits: 84