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Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......claration and really it is immaterial as to who recorded a dying declaration. For non-examination of such a person no exception can be taken if the same has been legally proved in accordance with law. This being the position in law, I fail to understand how it could be argued that it is obliga..Category: Criminal Law | Date: | Hits: 44
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......er the above Commerce Bank and Investment Limited, which became defunct in the year 1992 did not file the above suit. So we are of the view that the High Court Division on applying the principle of law as applicable in the present case arrived at a correct decision which does not suffer from any..Category: Banking Law | Date: | Hits: 101
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......udicial confession of the condemned prisoner to be true and voluntary. The judicial confession of the condemned prisoner was not retracted at any stage. 8. It is now the settled principle of law that judicial confession if it is found to be true and voluntary can form the sole basis of co..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......uit i.e. 'Ka' schedule land as vested property and thereupon by evicting the plaintiff leased out the same to different persons, but "The plea of Government is not at all tenable in law in view of the exchange deed and Power of Attorney of the year 1962 which was executed and regi..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......edly the award has been passed beyond the period of time without any extension from the Court, the arbitrators ceased to have jurisdiction in passing the award which is not award in the eye of law and referred to the case of Md. Ismail Vs. Munshi Ali Hossain reported in 60 DLR 641 in suppor..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ...... on appeal the same was partly allowed as aforesaid. 5. Mr. Md. Nawab Ali, the learned Advocate-on-Record appearing for the petitioners submitted that the High Court Division erred in law in holding that grant of time scale benefit is a matter of discretion of the employer and ..Category: Employment/Service Law | Date: | Hits: 136
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......adesh Biman Airlines but the High Court Division made the Rule absolute on the ground that Bangladesh Biman Corporation was not made a party in the complaint case and accordingly committed error of law. He next submits that the complaint petition was filed within stipulated time as given under Se..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......shareholder in respect of 50,000 shares out of the subsequent allotment of 1,24,000 shares by the Company and further declaring that the allotment of 5,35,000 shares made by the Company was valid and lawful and the petitioner (Respondent herein) at his option was entitled to purchase proportionate..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......ourt Division, the defendant-petitioners did not deposit the commissioner's fee within 60 days and as the deposit was made beyond the period of 60 days the deposit made was no deposit in the eye of law and as such the order dated 16.01.2000 is not sustainable in law. 6. The defendant-petit..Category: Property Law | Date: | Hits: 31
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......t the trial Court in the background of which materials declared the title of the defendant Nos.1 and 2 in part of the land in suit said to have acquired said title by adverse possession was under the law required to dismiss the suit, that appellate Court while setting aside the judgment and decree o..Category: Property Law | Date: | Hits: 53
Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)
.... stay granted earlier shall continue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ......jection was raised for the same before the Presiding Officer of the Center. As a result, the High Court Division committed illegality in passing the impugned judgment and order on misconception of law and materials on record. The submissions merit consideration. Leave is granted. ..Category: Election Law | Date: | Hits: 111
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ...... by an amendment made prayer for khas possession. 3. The case of plaintiffs, in short, is that one Kali Das Nandi was the owner of the suit land. He made a Will in favour of his daughter-in-law, Kallayani Debi on 17.04.1960. Thereafter, Kali Das Nandi died. Kallayani Debi obtained a proba..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ...... appearing for the respondent No.7 opposes the petition stating, inter alia, that there is no error in the judgment and order of the High Court Division inasmuch as the plaint appears to barred by law without having any cause of action and that the Respondent has been facing colossal financial l..Category: Business or Commercial Law | Date: | Hits: 121
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......partition deed was executed among the co-sharers leaving no scope for separation for Jama before filing of the preemption application on 28.1.83.......that the case land was never spitted up as per law made the Rule obtained in Civil Revision No. 524 of 1998 absolute and thereupon allowed the pray..Category: Property Law | Date: | Hits: 35
State Vs. Sentu and others, 2004, 33 CLC (AD)
....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......ndents of the charge under sections 302/34 of the Penal Code. 3. The facts, in brief, are that on 28.06.1993 accused respondents being armed with deadly weapons formed themselves into unlawful assembly and gharaoed a mosque near the house of Md. Habibur Rahman, the informant of the ca..Category: Criminal Law | Date: | Hits: 41
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ...... not to speak of any offence punishable under Section 420 of the Penal Code and that the High Court Division passed the impugned judgment and order disregarding the aforesaid facts and law. The submissions made on behalf of the petitioner merit consideration. 9. Le..Category: Criminal Law | Date: | Hits: 44
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......d 05-01-2004 passed by the Joint Registrar, Divisional Co-operative Office, Rajshahi Division, Rajshahi in Dispute Case No.10 of 2003 (Annexure-1) should not be declared to have been passed without lawful authority and is of no legal effect. 3. The short facts, as stated by the petitioner,..Category: Constitutional Law | Date: | Hits: 162
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......g the rule absolute and allowed the writ petitioner to market its beverages using the cans bearing trade mark of "Crown" and "Hunter" containing beverage within permissible limit in accordance with law and the light of the aforesaid decision of the Appellate Division the company can lawfully con..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......een preferred at the instance of the same petitioners i.e. the Government of Bangladesh and four others. Both the petitioners arising out of the same subject matter and common question of fact and law being involved are disposed of by this single order. 2. The facts, in short, are that the..Category: Others | Date: | Hits: 87
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......rts below and thereafter contended that the High Court Division having sent the case back to the lower appellate Court on remand instead of trial Court, to dispose of the appeal in accordance with law and in the light of observation made therein but making observation regarding claim of .09..Category: Property Law | Date: | Hits: 32
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