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Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ..Category: Criminal Law | Date: | Hits: 40
Md. Sirajul Islam Vs. State, 2007, 36 CLC (AD)
....irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ......eived one and he should have been acquitted of the charges leveled against him. 8. It is seen from the materials on record that misappropriation of rents collected by him is admitted fact. In that view of the mater we are of the view that the trial Court was quite correct in convicting the appell..Category: Anti-Corruption Laws | Date: | Hits: 111
Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ..Category: Tenancy Law | Date: | Hits: 174
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
....the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ...... sale of possession by a tenant in favour of any person, the law does not recognize any such sale of possession and the vendee thus does not acquire any valid right as a tenant. 15. In such view of the matter, we are of the clear opinion that no notice under Section 106 of the Transfer of..Category: Property Law | Date: | Hits: 31
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ...... trial Court, hence the impugned judgment and order is liable to be set aside. 6. It appears from the record that the High Court Division while reversing the findings of the Court below was of the view that the decision of the trial Court should be interfered with as the same is against the weigh..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
.... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......the date of settlement and record of right i.e. S.A. Khatian at one stage was prepared in his name and he was recognised as tenant in respect of land since he paid rent upto 1381 B.S. 18. In that view of the matter, particularly the final Court of fact having had found possession of the plaintif..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
.... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ......t decision and as such there is no substance in this petition. 15. There is delay of 395 days in filing this petition. The reasons for condoning the delay are not satisfactory. In such view also this petition has no leg to stand. 16. In view of the discussion made above this ..Category: Employment/Service Law | Date: | Hits: 69
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......tor. The petitioner then filed Arbitration Revision Miscellaneous Case No.14 of 1991 under the provisions of Order 47 Rules 1 & 2 read with section 151 of the Code of Civil Procedure for the review of judgment and order dated 15.08.1991. The learned Subordinate Judge (now Joint District Judg..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......ul Karim J, Md. Joynul Abedin J and Md. Abdul Matin J, I agree with the judgment delivered by my brother Md. Joynul Abedin J. Md. Fazlul Karim J.- These two Appeals, by leave upon a petition for review, are directed against the allowing the Criminal Appeals convicting the petitioners under sectio..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......d as parry in the said suit but the suit was dismissed for default. Defendant No.1 in collusion with defendant No. 3 filed Title Suit No.75 of 1985 under section 9 of the Specific Relief Act with a view to evict the plaintiff from his land and obtained a decree on 17-8-1989 against defendant No. ..Category: Procedural Law | Date: | Hits: 86
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ...... to the class of land in suit. As in the background of the materials on record the High Court Division has arrived at the finding that Courts below were in error in decreeing the suit, in our view, the finding so arrived at by the High Court Division is quite in accordance with law and suff..Category: Property Law | Date: | Hits: 27
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......e Respondents. Judgment MM Ruhul Amin J. - By this petition the petitioner seeks review of the judgment dated 5-12-2007 passed in criminal petition for leave to appeal No. 428 of 200..Category: Criminal Law | Date: | Hits: 34
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......ful authority and the further submission, that bar of the prosecution as provided under section 195(1)(c) of the Code of Criminal Procedure not being attractÂed and applicable in the present case in view of the fact that the alleged forged document was not filed before the civil Court and only a ce..Category: Criminal Law | Date: | Hits: 63
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ...... of the Court-Fees Act. 10. Mr. Enayatur Rahim, learned Advocate, opposed the petition. 11. We have considered the submissions and perused the materials on record. 12. In view of the persistent contention of the learned Advocate as to the necessity of revaluation of the..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ....... From the conduct of the concerned authority it appears that they were bent upon to dismiss the respondent from service by any means fair or foul, wanted to get rid of this man and for that end in view they put on indirect pressure upon the inquiry officer and after giving the respondent a bad ..Category: Administrative Law | Date: | Hits: 94
Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
....o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ...... Civil Procedure. This amendment it appears has escaped the notice of the learned Advocate who appeared on behalf of the respondent before the High Court Division and also of the said Division. In view of the clear provision of the Rule and in view of the fact that section 29(1) of the Local Gov..Category: Election Law | Date: | Hits: 112
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......ill be treated as cancelled and the entire loans will be treated as overdue and in that case will be classified according to the classification rules and as per guideline given by Bangladesh Bank. In view of the above, the entire loan liabilities on the following 4(four) project accounts have become..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......called for in those two polling centres. The ballot papers of all the polling centres under Pirojpur and Indurkani PS excepting Gabgachhiya Government Primary School Centre are to be recounted. In view of the facts as stated above the election of opposite party No. 5 is to be declared void. ..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......mbers of the Mela Committee. Against this order a revision was taken by the present petitioner before the High Court under, section 115 of the Cede of Civil Procedure and a Single Judge upholding the view of the District Judge summarily rejected the revision petition. Leave was granted to consid..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....is mind as well as others concerned that the wards of the Union had, according to the notification, been rearranged and old ward No. 1 had been re-numbered as ward No. 2. Secondly, if, due to such erroneous impression a wrong number was given in his nomination paper, the appellant should, in vie...... be remedied, as has been provided in proviso (ii) of sub-rule (3) of Rule 16 of the Union Parishad (Election) Rules, 1976. 4. Mr. Ahmed Sobhan, Counsel for the appellant, submitted that in view of the Gazette notification which mentioned that it was to take effect from the date of issue,..Category: Election Law | Date: | Hits: 114
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