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Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)

....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......te Judge, Narsingdi in Preemption Miscellaneous Case No.28 of 1985. 2. The facts leading to the present appeal briefly are that the respondent No.1 as pre-emptor filed the above pre-emption case No. 28 of 1985 for preempting the land described in the schedule to the plaint on the allegati..

Category: Property Law | Date: | Hits: 30

Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)

.... peri­od of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. .......00 mid night the informant P.W. 1 woke up from sleep on hearing hue and cry and moved toward the railway line where he found his son in law in injured and unconscious condition. It is the further case of the prosecution that the F.I.R. named witness Abdul laity informed the informant where the ..

Category: Criminal Law | Date: | Hits: 78

Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)

....al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......rely on law points the alternative rem­edy under Article 52 is not a bar to invoke writ jurisdiction for is interpretation of law is con­trary to the principles of law enunciated in the case reported in 44 DLR (AD) 305. 2. This appeal arose out of a judgment and order passe..

Category: Civil Law | Date: | Hits: 98

Arun Karmakar Vs. State, 2002, 31 CLC (AD)

....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......ndi Vs. Bangladesh, 17 BLD (AD) 33, Jharna Rani Saha Vs. Khondker Zayedul Haque, 52 DLR (AD) 66; Krishna Pada Dutta Vs. The Secretary, Ministry of Home Affairs and others, 42 DLR 297; Muthu Ibrahim's case, ILB 37 Mad 567; Sukhendra Chandra Das, 42 DLR 79, Bashu Dev Chatterjee V. Umme Salma and other..

Category: Criminal Law | Date: | Hits: 34

Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)

....asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......he accused persons trespassed into the house of the informant and assaulted him and they also went to the shop of the informant and demanded Tk. 2000/- as till and threatened the informant to kill in case he died not pay the money and upon that allegation the Pallabi P.S. Case No. 6(5)/94 was starte..

Category: Criminal Law | Date: | Hits: 47

Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)

....ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......eal as aforesaid the plaintiffs then filed an application under sections 144/151 of the Code of Civil Procedure for restitution of the suit land from which they were illegally dispossessed and the case was registered as Miscellaneous Case No.522 of 1993 of the First Court of Subordinate Judge, ..

Category: Property Law | Date: | Hits: 31

Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)

....991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......ction 379 of the penal code and sentencing them to suffer rigorous imprisonment for 1 year and to pay fine of Tk. 1,000/- (one thousand) each, in default, to suffer rigorous. 2. Prosecution case was that informant, Mahbubur Rahman, (P.W1) purchased 22,500 pieces of bricks and stacked thos..

Category: Criminal Law | Date: | Hits: 34

Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)

....eal is allowed on modi­fication of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ......in Criminal Appeal No.102 of 1991 dismissing the same, the criminal Appeal was filed against the judgment and order dated 5.8.1991 of the Court of Additional District Magistrate, Dinajpur passed in case No. 366 (c) of 1990 convicting the appellant under sec­tion 6 (5) (b) of the Muslim Family..

Category: Criminal Law | Date: | Hits: 35

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. ......s Case No. 3325 of 1997 filed under section 561A of the Code of Criminal Procedure making the rule absolute. 2. The facts in short are that the appellant as the complainant filed a complaint case against the respondent No.1 who took Tk. 5 laces from him on false representation that he was..

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. ......ewed on payment of fees to the concerned authority. An Advocate, named, Javed Akther Faruq, who is his political rival, in order to harass and grab his landed proper­ty implicated him in false cases. On being unsuccessful in those cases, Javed Akther Faruq in collusion with the respondent No..

Category: Criminal Law | Date: | Hits: 40

Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)

....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......g the appeal setting aside the judgment and decree dated 20.02.2003 passed by the Joint District Judge, 1st Court, Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the case, in short, are that the plaintiff appellant instituted Title Suit No.99 of 1999 for declarati..

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. ...... and the High Court Division by order dated 26.01.2006, summarily rejected the same. 3. The learned counsel for the petitioner submitted that complainant respondent no.2, filed the aforesaid case for realization of loan money as well as compensation in respect of which the Magistrate can ..

Category: Criminal Law | Date: | Hits: 45

State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)

....signed by the learned Advocate for the petitioner merits no con­sideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......ent April 30, 2008. Lawyers Involved: Atwar Mallick-Respondent (In Criminal Petition No. 499 of 2006) Md. B. Hossain, Advocate-on-Record-For the Petitioner (In both the cases) Not represented- Respondents (In both the Cases) Criminal Petition for Leave t..

Category: Criminal Law | Date: | Hits: 36

State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)

....In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ...... 3. The police after investigation submitted a charge sheet against six persons includ­ing the petitioner under Section 25B (1) (a) of the Special Powers Act, 1974 on 27.10.2003. 4. The case ultimately went before the Special Tribunal No.7, Dhaka who after hearing the parties framed c..

Category: Criminal Law | Date: | Hits: 37

Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)

....tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 260. ......take place at the alleged time and place of occurrence and the accused persons have been implicated falsely out of grudge and enmity over the union parishad election and land dispute. 4. The case was tried by the learned Additional District Magistrate, Satkhira and by judgment 04.06.1995 c..

Category: Criminal Law | Date: | Hits: 38

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. ......n offence under section 156(8) of the Customs Act read with Section 4(b) of the Explosive Substances Act and under section 25B of the Special powers Act, 1974. He took up inves­tigation of the case and after completion of the investigation submitted charge sheet against the convict appellant..

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. ......ry slip shod manner set aside the order of conviction and sentence on certain untenable and flimsy grounds. It was sub­mitted that the High Court Division has not entered into the merit of the case and also has not discussed both oral and circumstan­tial evidence. The learned Deputy Atto..

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. ......#2460;ীবী and further since the allegations made by the writ petitioner relate to disputed question of facts, the same can not be decided in writ jurisdic­tion as held in the case of Khalilur Rahman (Md) vs. Govt. of Bangladesh & others, 25 MLR (AD) 80. 3. The Hi..

Category: Property Law | Date: | Hits: 21

M. Tofazzal Ahmed Vs. Jashim Uddin Haydar Faruque, 2007, 36 CLC (AD)

....ate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ...... 2nd Court, Chittagong in Miscellaneous Appeal No. 276 of 2002 affirming of those dated 30.09.2002 passed by Waqf Administrator, Dhaka in E.G. Case No. 16832/ Chittagong. 2. The facts of the case, in short, are that the Waqf Administrator, Dhaka by order dated 30.09.2002 appointed Tofazzal..

Category: Trust/Waqf Law | Date: | Hits: 210

Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)

....any cogent reason to differ with the judg­ment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......use, mosque and wall constructed by the plaintiffs. 3. The defendant Nos.1-4 contesting the suit by filing written statement denying the material averments made in the plaint. 4. The case of the defendants, in short, is that the suit came up for peremptory hearing list on 23.4.2000..

Category: Property Law | Date: | Hits: 22