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Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)

....h Court Division in Death Reference No. 96 of 2003 with Jail Appeal No. 1056 of 2005 with Criminal Appeal No. 510 of 2006 arising out of Sessions case No. 50 of 2003 of the court of learned session Judge, Chittagong aris­ing out of Fatikchari Police station Case No. 3 dated 06.04.1998 corres......erference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ......e with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ......interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ..

Category: Criminal Law | Date: | Hits: 35

Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)

....e No. 1 of 2001 of Kotwali P.S. Case No. 19(11) of 1994 under Section 420/406/210/109 of the Penal Code read with section 5(2) of the Anti-Corruption Act, II of 1947 now pending before the Special Judge, Mymensingh. 2. The facts of the case, in short, are that the Inspector, District Anti......ove, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ...... submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..

Category: Criminal Law | Date: | Hits: 64

State Vs. Saheb Ali, 2008, 37 CLC (AD)

....h held by the prosecution with regard to whether any Mozammel Huq had at all purchased the heads of cattle as alleged, we cannot also believe this aspect of the prosecution case. The learned trial Judge has based the conviction of the con­demned prisoner on the evidence of the extra judicial......ision upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ..

Category: Criminal Law | Date: | Hits: 45

State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)

....the accused persons under sections 302/34 of the Penal Code and confessional statement was also recorded by the Magistrate under Section 164 of the Code of Criminal Procedure. The learned Sessions Judge, Brahmanbaria framed the charge against the accused respondents under Section 302/34 of the P......re is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......erefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ..

Category: Criminal Law | Date: | Hits: 51

Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)

.... of the High Court Division passed in Criminal Appeal No. 2393 of 1995 allow­ing, in part, the appeal filed challenging the judgment and order dated 20.11.95 of the learned Additional Sessions Judge, 1st Court, Khulna passed in Sessions Case No. 29 of 1988 convicting the petitioners along wi......r infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ......shy;mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ..

Category: Criminal Law | Date: | Hits: 38

Bashir Mia and another Vs. State, 2009, 38 CLC (AD)

...., at the instance of the appellants Chan Miah and Bashir Miah is directed against the judgment and order of conviction and sentence of death passed on 01.12.2003 by the learned Additional Sessions Judge, 2nd Court, Brahmanbaria in Sessions Case No.24 of 2002 under Sections 302/34 of the Penal Co...... In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......een falsely implicated in this case out of mere suspicion. It has further been asserted that this deceased might have been killed by unknown miscreants when he was engaged in smuggling in the India-Bangladesh border area. 9. Considering the evidence on record and the defence version the l..

Category: Criminal Law | Date: | Hits: 41

Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)

....matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......ter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ..

Category: Civil Law | Date: | Hits: 113

Masud Miah & others Vs. Kishoregonj Zila Auto Tempo and Baby Taxi Malik Samity & others, 2007, 36 CLC (AD)

....008 discharg­ing the Rule. 2. Short facts as placed before the High Court Division are that the opposite party Nos.1 and 2 as plaintiffs filed Suit No.84 of 2008 in the Court of Senior Assistant Judge, Kishoreganj against the defendants and an application for permanent injunc­tion followed und......rcumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 330. ......ces, we do not find any cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 330. ...... inter alia, that they were registered Auto Tempo and Baby Taxi Malik Samity and they have been plying their Auto Tempo and Baby Taxi with the approval of the District Regional Transport Committee of Bangladesh Road Transport Authority carrying passengers on the pub­lic Highway from Kishoreganj Dis..

Category: Civil Law | Date: | Hits: 118

Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)

....present service. In view of the above, we find no sub­stance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......sent service. In view of the above, we find no sub­stance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......vice. In view of the above, we find no sub­stance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......oner and other ex-employees as per the pension rule of respondent No. 2,Water Development Board. On 26.04.2004 the pension’s scheme rule of respondent No. 2 was approved by the Government of Bangladesh and it was duly published in the official gazette on 21.12.1995. The petitioner retired ..

Category: Employment/Service Law | Date: | Hits: 92

Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)

.... the above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323.......the above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323.......e, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323.......e, Dhaka in pursuance of the notice. The writ peti­tioner has further challenged vires of Rules 19w of the said Rules being ultra vires of the Emergency Power Ordinance, 2007 and the Constitution of Bangladesh. 3. During investigation the investigating officer recorded the statement of witness­..

Category: Anti-Corruption Laws | Date: | Hits: 119

Md. Abdus Samad and oth­ers Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)

....27.05.2007 passed by the High Court Division in Civil Revision No.5457 of 2002 making the Rule absolute-in-part reversing the judgment and decree dated 20.08.2002 passed by the Additional District Judge, Rangpur in Other Appeal No. 110 of 1998 reversing those dated 09.07.1998 passed by the Seni......shy;stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......ce in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......ub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ..

Category: Property Law | Date: | Hits: 28

A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)

....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......ents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ...... directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ..

Category: Property Law | Date: | Hits: 38

Commissioner of Customs, Customs House, Dhaka and others Vs. Abdur Razib, 2008, 37 CLC (AD)

.... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ......re is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ......erefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ...... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ..

Category: Fiscal/Taxation Law | Date: | Hits: 62

Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)

....002 discharging the Rule on con­test. 2. The facts, in short, are that the pre-emptee petitioner No.1 challenged the judgment and other dated 12.10.2002 passed by learned Joint District Judge, 2nd Court, Kurigram in Miscellaneous Appeal No. 2 of 2000 affirming judgment and order dated......d the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......se on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ..

Category: Property Law | Date: | Hits: 33

AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)

....sion No. 2424 of 1994 in fixing the date of hearing by a Division Bench. 2. The facts of the case are that the plain­tiffs filed Title Suit No.31 of 1995 in the 2nd Court of Subordinate Judge, Sylhet for declaration of title stating that the predecessor of the defendant Md. Sadir havi......s of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ...... learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ......ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ..

Category: Property Law | Date: | Hits: 32

Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)

....bsp; Md. Hassan Ameen J.- The petitioner (defendant-appellant) seeks leave to appeal against the judgment and order dated 25-07-2007 passed in Civil Revision No. 1837 of 2003 by the learned Single Judge of the High Court Division making the Rule absolute by setting aside the judgment and decree ......the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......ned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ..

Category: Procedural Law | Date: | Hits: 77

Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)

....ingle Bench of the High Court Division, Dhaka making the Rule absolute in Civil Revision No. 268 of 1989 and thereby revers­ing the judgment and decree dated 13 February 1988 of the Subordinate Judge in charge of the Court of the Additional District Judge, Narsigndi in Title Appeal No. 14 of ......at does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ......not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ...... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ..

Category: Property Law | Date: | Hits: 40

Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)

.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......vision in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......n the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......C (2005) 346. ..

Category: Property Law | Date: | Hits: 38

Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)

....by a Division Bench of the High Court Division making the Rule, issued in Civil Revision No. 1471 of 1994, absolute and setting aside the concurrent Judgment and decree passed by the learned District Judge, Comilla dismissing on 29.4.92, Family Appeal No. 1 of 1991, pre­ferred by the plaintiff, and......ders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ..

Category: Family Law | Date: | Hits: 180

Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)

.... Civil order No. 2929 of 1997 summarily disposing of an appli­cation under section 115(1) of the Code of Civil Procedure, setting aside the order dated 6.4.97 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Misc. Case No. 89 of 1987, directing defendant respondent No. 1 Mrs. Sak......r, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......rder as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ..

Category: Procedural Law | Date: | Hits: 96