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Kamrul Islam Vs. State, 2008, 37 CLC (AD)
....Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ......Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ..Category: Criminal Law | Date: | Hits: 37
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......ocedure in making the Rule absolute and setting aside the judgment of the Court of appeal below. 11. It is seen from the judgment of the High Court Division that the said Division was of the view that the trial Court discussed the evidence while decreeing the suit "but the appellate ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
.... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ......ication of the Gazette Notification reflects the final decision of the acquisitioning authority. In the instant case as mentioned earlier the Government decide to requisition the land with the end in view, of acquisition and thereupon served the notice under section 3 and per provision of section 4 ..Category: Property Law | Date: | Hits: 31
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......icial enquiry when appeared to him that the selfsame police officer who held enquiry twice was influenced by the order of acquittal of the accused petitioner No. 1 and others previously. In view of the above we find no substance in the submission of the learned Advocate, for the petitione..Category: Criminal Law | Date: | Hits: 35
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......itioner could be brought out from the cross-examination. P.W.3 Md. Habibur Rahman, P.W.4 Nurul Amin and P.W.5 Motaher Hossain, seizure list witnesses corroborated in their evidence P.Ws1 and 2. In view of cogent evidence of the witnesses it cannot be said that this is a case of no evidence. The ..Category: Criminal Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)
....of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ......of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ..Category: Criminal Law | Date: | Hits: 29
Adamjee Sons Ltd. Vs. Jiban Bima Corporation, 2005, 34 CLC (AD)
....delay is not convincing and satisfactory. Accordingly the application for restoration is rejected being barred. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 181. ......ioner the accusation against the learned Advocate-on-record that he at no point of time disclosed to the petitioner about the dismissal of the leave petition appears to be not genuine. Since in our view there was no reason for the learned Advocate-on-record while the petitioner inquired of him ab..Category: Procedural Law | Date: | Hits: 71
Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ......le in law or in other words based on mis-reading or non-consideration of the evidence or that finding as to limitation is not based on evidence. 7. In that state of the matter we are of the view High Court Division did not commit any error in discharging the Rule on the finding that the a..Category: Property Law | Date: | Hits: 21
Mosammat Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah, 2005, 34 CLC (AD)
....the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ......the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ..Category: Civil Law | Date: | Hits: 104
Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ......ing not a mistake on the part of the Court, may be a case of non consideration of Ext. 'Ga' and the High Court Division erred in law in overlooking that there being an accidental omission, appeal/review was not the only remedy open to the petitioner and that section 152 CPC was wide enough to co..Category: Civil Law | Date: | Hits: 91
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ......the petitioner under Rule 12(1) of the Union Parishad Chairman and Member (Resignation, Removal and Vacation of Office) Rules, 1984 in which recording of reasons is not necessary at all. In view of the above, we find no illegality for our interference with the impugned judgment of the Hig..Category: Others | Date: | Hits: 91
Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)
....t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ...... are co-sharers by inheritance. 7. Accordingly, the High Court Division having found no merit in the Rule discharged the same. 8. In the facts and circumstances of the case, we are of view that the High Court Division upon correct assessment of the materials on record arrived at a c..Category: Property Law | Date: | Hits: 19
Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
....ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ...... also barred by Res judicata as the claim was settled against the predecessor of the respondents in Title Suit No.45 of 1996 and Title Appeal No. 131 of 1997 and further the claim is subjudice in view of pendency of Title Appeal No.173 of 2003 and Demarcation Case No. 59 of 2003 elaborately sta..Category: Property Law | Date: | Hits: 26
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......detailed and made amenable to the jurisdiction of the tribunal by way of camouflage of impugning the vires of any Act as ultra vires the Constitution under Article 102 of the Constitution. In that view of the matter, we ire of the view the respondent could not avail the writ jurisdiction bypassi..Category: Employment/Service Law | Date: | Hits: 62
Habiganj Pally Bidhut Samity Vs. Syed Tafazzul Islam & Ors., 2007, 36 CLC (AD)
.... appearing in the list regardless of their position. The petition is accordingly dismissed (on merit and delay). Ed. This Case is also Reported in: 16 BLT (AD) (2008) 152. ......e the respondents were prejudiced. 4. We are not impressed by the submissions of Mrs. Sufia Khatun, the learned Advocate-on-Record. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on record and appreciati..Category: Election Law | Date: | Hits: 84
Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)
.... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ...... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ..Category: Constitutional Law | Date: | Hits: 108
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......the parties in the cases in conflicting manners and then to pronounce judgments in both the cases on the same date to avoid conflicting decisions to the prejudice of one party or the other. In such view of the matter, the High Court Division committed an error of law in directing to dispose of on..Category: Criminal Law | Date: | Hits: 31
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ......at the notice, served for eviction of the plaintiffs also lacks particular of property from which the authority intends to evict the plaintiffs. 8. In that state of the matter we are of the view the High Court Division was not in error in setting aside the judgment of the appellate Court ..Category: Property Law | Date: | Hits: 22
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......29.11.2000 rejected the petition filed under section 241 of the Code of Criminal Procedure. 5. Mr.A.K.M. Shahidul Huq, the learned Advocate-on-Record appearing for the petitioner submitted that in view of the fact that Deed No. 8258 dated 18.10.1960 which has been allegedly forged by the petition..Category: Anti-Corruption Laws | Date: | Hits: 88
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....here is no eye witnesses in the case but circumstantial evidence conclusively led to the irresistible conclusion that the respondent is guilty of the offence and the High Court Division acted erroneously in giving benefit of doubt to the respondent without at all considering that the circum......ubt to the respondent without at all considering that the circumstantial evidence lead to the irresistible conclusion that the respondent committed the offence of murder, the High Court Division in view of the principle laid down in 35 DLR (AD) 119 ought to have held that the defence version of ..Category: Criminal Law | Date: | Hits: 48
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