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Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ...... made the rule absolute on the ground that the instant case involved civil dispute and the cognizance taken under the penal section of the Negotiable Instruments Act amounts to abuse of process of law. The proceeding of C.R. Case No. 1909 of 1997 pending in the Court of Metropolitan Magistrate w..Category: Criminal Law | Date: | Hits: 45
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
....tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ......arged the rule on the ground that the appellant died not reply to the show cause notice and therefore, by canceling licenses of the arms of the appellant the respondent had acted in accordance with law. Leave was granted to consider the following:- " Mahbubur Rahman..Category: Criminal Law | Date: | Hits: 40
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....y;ment and decree passed by the trial Court suffers from gross illegality and not sustainable in the eye of law; that the issuance of impugned memo dated 06.04.1999 being not an act done under the provision of Town Improvement Act, 1953 or any rules or regulations made thereunder the notice as c...... 1952 and Section 169 of the Town Improvement Act, 1953 we find that the impugned judgment and decree passed by the trial Court suffers from gross illegality and not sustainable in the eye of law; that the issuance of impugned memo dated 06.04.1999 being not an act done under the provision ..Category: Property Law | Date: | Hits: 40
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ......etitioner and so there is no ground to issue a rule for quashing the proceeding. 6. We are of the view that the High Court Division on proper consideration of the materials on record and the law involved rejected the application under section 561A Cr. PC summarily. The petiti..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)
....er found that the FIR and the charge sheet do not disclose any offence either under Special Powers Act or any other law of the country and the materials seized in this case do not attract the provisions of Section 25B (1) (a) and (b) of the Special Powers Act, 1974 and held that the impugne......any foreign country by way of Hundi. 7. The High Court Division further found that the FIR and the charge sheet do not disclose any offence either under Special Powers Act or any other law of the country and the materials seized in this case do not attract the provisions of Sect..Category: Criminal Law | Date: | Hits: 37
Misir Ali and another Vs. State, 2007, 36 CLC (AD)
....shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......at the altercation of the conviction from Section 156(8) read with Section 25B to one under Section 25B (2) of the Special Powers Act, 1974 has been done on correct interpretation of the facts and law of the case. 10. We do not find any illegality in the judgment of the High Court Di..Category: Criminal Law | Date: | Hits: 36
State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)
....ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......tted the respondents. 3. The learned Deputy Attorney General appearing on behalf of the State submits that the High Court Division without discussing the evidence on record as required under law in a very slip shod manner set aside the order of conviction and sentence on certain untenable ..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)
....y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ......the Constitution as it requires adjudication on facts on evidence. 5. Accordingly we are of the view that the High Court Division on proper consideration of materials on record and the law involved discharged the Rule and accordingly the above decision of the High Court Division..Category: Property Law | Date: | Hits: 21
M. Tofazzal Ahmed Vs. Jashim Uddin Haydar Faruque, 2007, 36 CLC (AD)
....for non-compliance of the order as being not maintainable under Section 32 of the Ordinance for non-delivery of office. The impugned order was passed by the learned Additional District Judge under provision of order VII Rule 11 of the Code of Civil Procedure, which providing for rejection of the...... the petitioner. 4. Abdul Momen Chowdhury, learned Advocate, appearing for the petitioner submitted that the impugned judgment and order of the High Court Division is wrong, improper, bad in law and without considering the real facts and circumstances made the Rule absolute. The lear..Category: Trust/Waqf Law | Date: | Hits: 210
Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....demarcated considering the various factors and each of the mouzas had been numbered in the jurisdiction list as J.L. number and without the process of State Acquisition and Tenancy Act, there is no provision to divide a mouza and in the instant case the respondents acted illegally and withou...... the same footing and continued as a same political unit but by the impugned order a discrimination has been made and thus the impugned order is liable to be declared to have been made without any lawful authority and is of no legal effect; that the impugned notification was issued with a m..Category: Property Law | Date: | Hits: 22
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
....rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......lute observed the appellate court sent the suit back on remand for fresh hearing although the suit was 29 years old and the ground on which the suit was sent on remand was not tenable in the eye of law. The High Court Division further held that the appellate court did not at all apply its j..Category: Property Law | Date: | Hits: 34
Azaharuddin Ahmed Vs. T. N. T. others Board and Others, 2007, 36 CLC (AD)
.... under Section 15 of the VAT Act, 1991 as VAT payee, cannot collect VAT from its subscribers and, if VAT is at all payable, it is payable by the service provider, i.e. BTTB itself, pursuant to the provisions of the VAT Act, 1991. 3. BTTB filing an affidavit-in-opposition contested that it......they are merely acting as the collecting agent of the Government. 4. A. B.M. Bayezid, learned Advocate, appearing for the petitioner has submitted that the High Court Division erred in law in not considering that Sub-section (3)(Ga) of Section 3 of the VAT Act 1991, provided that the..Category: Fiscal/Taxation Law | Date: | Hits: 91
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....l power, by virtue of his position as father, to dispose off, by gift, a small portion of joint family property (ss. 225 and 226)." 10. We have gone through the aforesaid provision of law and reasons to believe that the same supported the interest of the defendant-respo...... that the very important and primary evidence as regard limitation, plaintiffs knowledge and bonafide of the signature of Haridas (father) on the disputed gift were not available and that would be lawful and equitable to send this suit back for retrial setting aside the decision and giving the p..Category: Property Law | Date: | Hits: 24
Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)
....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: VI ADC (2009) 229. ......z Ali and Hasan Ali were owners of the suit land. Hasan Ali transferred his share in favour of his brother Firoz Ali by a registered kabala dated 8th Sraban, 1330 B.S. and shifted to his father-in-law's house at Shafarpur and died there leaving behind two sons as heirs through his two wives. The..Category: Property Law | Date: | Hits: 23
Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)
.... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ......n compulsory for the petitioners to accept. 4. BCIC entered appearance in all these 6 writ petitions and filed affidavits-in-opposition stating that the writ petitioners are not entitled in law to exercise their option either to accept or leave the impugned orders of promotion and that th..Category: Employment/Service Law | Date: | Hits: 76
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
.... available on recorded to show that the said land belonged to Arun Chandra Shil; in view of the above the kabala dated 23.06.85, if any, being registered offending the provision of section 28 of the Registration Act is nothing but a void deed. Further in the case of ......r 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) 223. ..Category: Property Law | Date: | Hits: 22
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......ration, void and not acted upon. 3. The defendant contested the suit by filing a written statement contending, inter alia, that the original owner of the property was the father-in-law of defendant No.1 and father of defendant No. 2. After the death of Abbas Ali Miah the father o..Category: Property Law | Date: | Hits: 20
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ......er Khatian Nos. 37 and 40. Abdur Rahman died leaving two sons, Md. Hanif, the plaintiff-respondent and Mohammad Hossain, predecessor of the defendant-petitioners and a daughter, Fatema Khatun. As per law of inheritance, the plaintiff and the defendants became owner of 88 4/5 decimals of land equally..Category: Property Law | Date: | Hits: 26
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......bsp; 2. Both the petitions being disposed of by the same judgment and common questions of law and fact arising therein, the two leave petitions are disposed of by this single judgment...Category: Property Law | Date: | Hits: 25
Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)
....n the submissions of the learned Advocate-on-Record for our interference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ......the execution case on 08.04.2006 which was extended lastly on 08.05.2006 be recalled and vacated and directed the executing Court to proceed with the execution case in accordance with law. ..Category: Civil Law | Date: | Hits: 94
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