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State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ...... 3. Mr. Muhammad Ali Akanda, learned Deputy Attorney General, appearing for the petitioner submitted that the judgment and order of the High Court Division is neither proper nor in accordance with law and facts of the case. The learned Deputy Attorney General further submitted that the High Cour..Category: Criminal Law | Date: | Hits: 62
Malek Gharami Vs. State, 2007, 36 CLC (AD)
.... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ......ron was killed by strangulation and thereafter the dead body was thrown in the 'Khal' by the side of the house of the accused person, that inform ant was informed by his another son-in-law, namely Harun, that the dead body of informant's daughter was found in the 'khal' by the ..Category: Criminal Law | Date: | Hits: 38
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ......led to prove the case beyond reasonable doubt as such the impugned order is liable to be set aside. The learned Advocate further submits that the learned Judges of the High Court Division erred in law in failing to apply their independent judicial mind to the fact and circumstance of the case in..Category: Criminal Law | Date: | Hits: 41
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....on 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) 4; V ADC (2008) 164. ......e prosecution having been able to prove their case beyond all reasonable doubts, the High Court Division fell in error in rejecting the reference and further, the High Court Division erred in law in discarding the prosecution witnesses for some artificial reasons not known to criminal ..Category: Criminal Law | Date: | Hits: 58
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
.... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......State as appellant has filed the present petition for leave to appeal. 14. The learned Deputy Attorney General submitted that the findings and decisions of the High Court Division is bad in law since it failed to sift the evidence on record. He further submits that High Court Division err..Category: Criminal Law | Date: | Hits: 44
Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)
....n. There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 147. ......itions) submits that since the petitioner has filed Partition Suit No. 97 of 2000 in respect of the same subject matter as that of the Partition Suit No. 19 of 1962 the High Court Division erred in law in failing to stay all further proceedings of the said Other Execution Case No. 4 of 1998 and a..Category: Civil Law | Date: | Hits: 88
Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)
.... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ...... 4. Leave was granted to consider the submission of the learned Advocate for the leave petitioner that "the learned Single Judge of the High Court Division committed an error of law in discharging the Rule as a whole wherein the respondent did not claim any title and possessi..Category: Property Law | Date: | Hits: 24
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......having produced a registered deed of gift dated 22,01.1935 exhibit-'Ga' executed by Latu Kha, the admitted owner of the suit land in favour of Rahmat Ali, the appellate Court committed an error of law in decreeing the plaintiffs' suit in respect of 'Ka' schedule land totally ignoring the said re..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ......nds of the application is also to be taken for revising against the order impugned but in the application in Civil Revision No. 3696 of 2004, there was no compliance of such mandatory provision of law and the High Court Division was wrong to entertain the application which is not in proper form ..Category: Property Law | Date: | Hits: 38
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......units of re-conditioned vehicles from Japan. He opened the Letters of Credit under the Pre-shipment Inspection Scheme and the respondent deposited the required fees for pre-shipment inspection as per law and before shipment of the goods the approved Pre-shipment Agent Bureau Varitas inspected the go..Category: Business or Commercial Law | Date: | Hits: 139
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ...... cloud. 3. The defendants contested the suit by filing written statement denying the plaint Case stating that the suit was not maintainable in present form and was barred under the law of limitation. There was defect of parties. The Suit was not properly valued. The defendan..Category: Property Law | Date: | Hits: 27
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......erty from the list of abandoned property. As such the moment it was held that the properties of the Respondent No.3 are not abandoned property, the abandoned property authority under the law is duty bound to return the property to the claimant upon removing the encumbrance created by i..Category: Property Law | Date: | Hits: 36
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......f the Section 74 read with Section 77 of the Evidence Act the preemptors were entitled to pre-emption. 5. Leave was granted on the submissions that the High Court Division committed error of law in placing the onus of proof on the pre-emptee appellant to prove that the said exhibits A, B ..Category: Property Law | Date: | Hits: 21
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ......sions of Mr. Rokanuddin Mahmud. In the facts and circumstance of the case, we are of the view that, except the single economic unit point, the High Court Division upon correct, appreciation of law and assessment of the materials on record arrived at a correct decision by making the rule abso..Category: Business or Commercial Law | Date: | Hits: 110
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ......ice was violated; although the Tribunal was not required to act like a Court of appeal but it has the power to interfere with the order of an authority when the authority commits manifest error of law or its finding is without any basis; in the present case there was failure to follow relevant p..Category: Administrative Law | Date: | Hits: 104
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ......nment. 6 The leave, thereafter, was granted to consider whether, in the facts and circumstances of the case, the learned Single Judge of the High Court Division acted in accordance with law in dismissing the present suit by discharging the rule "in the aforesaid civil revision o..Category: Property Law | Date: | Hits: 35
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......rab the waqf property dedicated in the name of Almighty Allah: 13. It is on record that Mogol Bibi was an old lady of 90 years. The High Court Division held that it is the settled principle of law that it is necessary to satisfy the court that she executed the documents with full understand..Category: Tenancy Law | Date: | Hits: 155
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ...... violation of the principles an natural justice. The defendant Nos. 1 and 2 contested the suit by filing a written statement contending, inter alia, that the action taken against the petitioner was lawful and correct; BOESL is an institution and is guided by its rules and procedure and the alleg..Category: Employment/Service Law | Date: | Hits: 71
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ......e petitioners, placed before us the impugned judgment of the High Court Division as well as judgments of the Courts below and thereafter contended that the High Court Division committed an error of law in not holding that in the facts and circumstances of the case, there is no manner of ap..Category: Property Law | Date: | Hits: 24
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......smissal of leave petition respondent No. 1 had no option but to bring the matter to the notice of the Chairman of Board of Directors of respondent No.3 by the impugned notice. On consideration of law we find no illegality in the impugned notice dated 17.9.98 (Annexure-A) which was an intimatio..Category: Banking Law | Date: | Hits: 112
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