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State Vs. Ali Hossain alias Ali, 2007, 36 CLC (AD)
....t warrant interference by us. The delay of 29 days for filing of the leave petition and the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 49. ......rected against the judgment and order dated 18.04.2005 passed by the High Court Division in Criminal Appeal No. 1038 of 1994 dismissing the appeal upon modifying the sentence. 2. Prosecution case, in brief, is that on 07.10.1989 at 3.30 P.M. Awl ad Hossain aged about 12 years brother of P......t warrant interference by us. The delay of 29 days for filing of the leave petition and the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 49. ..Category: Criminal Law | Date: | Hits: 48
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......liat is plaintiff No.3. In this way plaintiffs and others acquired 13.14 acres of land out of the C.S. Khatian No.252 and they are in possession of the said land for more than 12 years. The further case of the plaintiffs is that Md. Boyati has been in possession of 1.19 acres of land as he did no......bsolute. 2. Short facts are that the plaintiffs instituted Title Suit No.59 of 1983 in the Court of Subordinate Judge (now joint District Judge), Barguna for declaration of title to the suit land measuring 10.47 acres out of 13.14 acres of land stating, inter alia, that 14.33 acres of lan..Category: Property Law | Date: | Hits: 28
Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ......5.12.1977. Hence is the suit. 3. The defendant Nos.1 and 4 contested the suit by filing two separate written statements denying all the material allegations made in the plaint. 4. The case of the defendant No.1, in short, is that the suit land originally belonged to 4 brothers namel...... Rule. 2. The plaintiffs instituted Title Suit No.77 of 1991 in the Court of Assistant Judge, 4th Additional Court, Dhaka for declaration of title and recovery of khas possession of the suit land as schedule of the plaint stating, inter alia, that the land of C.S. Khatian No.64 originally..Category: Property Law | Date: | Hits: 21
Bangladesh Water Development Board and others Vs. Md. Quamruzzaman, 2008, 37 CLC (AD)
....e 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: 17 BLT (AD) (2009) 6. ......e 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: 17 BLT (AD) (2009) 6. ......e 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: 17 BLT (AD) (2009) 6. ..Category: Employment/Service Law | Date: | Hits: 122
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
.... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ......rodhan and others.............Appellants (In Criminal Appeal No. 3 of 2001). Vs. The State............................Respondent (In all the appeals) The State.........Appellant (In all cases). Vs. Rawshan Ara Begum ® Rowshan Ershad.....Respondent (In Criminal Appeal No. 4 of 20......ting the appellant petitioners under Section 109 of the Penal Code read with Section 5(2) of Act II of 1947 and sentencing them to suffer simple imprisonment for seven years and also confiscating the land in plot Nos. 49, 49A, 49B and 49C within Karwan Bazar Commercial Area including building/struct..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 111. ......ve shares for more. then 30 years and admittedly the defendants being the co-sharers in the suit land have been paying rent all along and the plaintiffs also failed to have made out no prima facie case but without considering the above the High Court Division passed the impugned order without ta......ion disposing First Miscellaneous Appeal No. 258 of 2005 along with the Civil Rule No.856 (P.M.) of 2005 with a direction to the parties to maintain status quo in respect of possession of the suit land till disposal of the Title Suit No.13 of 2005 pending in the Court of Joint District judge, 2n..Category: Property Law | Date: | Hits: 27
Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 108. ......pondent No. 9 the Principal-Secretary of Rupsha Ahamedia Senior Madrasha has contested the Rule by filing an affidavit-in-opposition denying the material allegations made in the writ petition. His case is that the writ petitioner always worked against the orders of the principal and Managing Com......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 108. ..Category: Employment/Service Law | Date: | Hits: 77
Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)
....cogent ground to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ...... been filed within period of limitation, the appellate Court rejected the same and the High Court Division concurred with the appellate Court. 6. In the facts and circumstances of the case, we are of the view that the High Court Division considered all aspects of the matter in disch......ccessors was valid, legal, effective and binding upon the defendants Nos.1-17. 3. The defendant Nos. 9-16 contested the suit by filing a joint written statement stating, inter alia, that the land described in schedule E of the plaint was not included in the deed of 1970&..Category: Property Law | Date: | Hits: 21
State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)
....arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ...... Section 302/149 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Tk. 5,000/- each, in default to suffer imprisonment for 1 (one) year. 3. The prosecution case, in brief, is that on 19-09-1989 at about 7.00 a.m. deceased Ful Mia, the elder brother of inf......arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ..Category: Procedural Law | Date: | Hits: 79
Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)
....has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ......lass, Tangail, in Case No.88 (4) 94 88(4)94/36(4)95 under Section 145 of the Code of Criminal Procedure directing the Officer-in-Charge, Nagarpur Police Station to hand over possession of the case land of the 1st party respondent and restraining the petitioners from entering into the case l...... Tangail, in Case No.88 (4) 94 88(4)94/36(4)95 under Section 145 of the Code of Criminal Procedure directing the Officer-in-Charge, Nagarpur Police Station to hand over possession of the case land of the 1st party respondent and restraining the petitioners from entering into the case land. ..Category: Civil Law | Date: | Hits: 92
Mohammadpur Girls School & anr Vs. Chairman, National Housing Authority, 2006, 35 CLC (AD)
....in the impugned order of the High Court Division. This petition thus merits no consideration and it is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 84. ......circumstances, the High Court Division vacated the order dated 24-07-2004 by the impugned order. 5. Having regard to the facts and circumstances and the materials on record of the case, we are of the view that the learned Judges of the High Court Division having applied their ju......in the impugned order of the High Court Division. This petition thus merits no consideration and it is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 84. ..Category: Others | Date: | Hits: 84
Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)
....ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ......f the order dated 5.2.2007 passed by a Division Bench of the High Court Division in Writ Petition No.988 of 2005 fixing 28.2.2007 for hearing of the rule issued therein. 2. Short fact of the case is that the aforesaid Writ Petition No. 988 of 2005 was filed by the writ petitioner challengi......ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ..Category: Civil Law | Date: | Hits: 80
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
....to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......he Court of learned Assistant judge, Khulna for a declaration that a letter under memo No.105/86-88-9420 dated 05.01.1989 issued by the defendant respondent No.1 herein refusing to return the land described in the schedule of the plaint to them is illegal, void etc. and that the plaintiffs ..Category: Property Law | Date: | Hits: 26
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....llant hopelessly failed to prove his case, so there being no substance the appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ......t the judgment and order of the High Court Division dated 05-11-1998 in Writ Petition 5629 of 1996 discharging the Rule holding that the petitioner failed to prove by adducing any material that the case property, is not an abandoned property. 2. The appellant's case, in brief, is that the case ......ischarging the Rule holding that the petitioner failed to prove by adducing any material that the case property, is not an abandoned property. 2. The appellant's case, in brief, is that the case land originally belonged to A. M. Nasiruddin, son of A. M.A. Wadud, who sold out the same to one S.M..Category: Tenancy Law | Date: | Hits: 155
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
.... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ......ola in Title Appeal No.66 of 1998 reversing those dated 28.07.1998 of the Assistant Judge, Borhanuddin Upazila Bhola, in Title Suit No.53 of 1994 decreeing the suit. 2. The facts of the case, in short, are that the plaintiff-respondent Nos.1-3 filed Title Suit No. 53 of 1994 stating, ......Suit No.53 of 1994 decreeing the suit. 2. The facts of the case, in short, are that the plaintiff-respondent Nos.1-3 filed Title Suit No. 53 of 1994 stating, inter alia, that 718 acre of land belonged to Abdul Hakim Hawlader, that there are 4 huts in the said land, that he died leavin..Category: Property Law | Date: | Hits: 23
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
....hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......g Officer was required to fix the valuation as per provision of Section 25(1) of the Customs Act since invoice value has been disputed by the Customs Authority. 4. In the instant case, it appears that the petition opened an L.C. on 04-08-1998 for import of Full Cream Milk Powde......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ......order dated 11.07.1999 passed by the High Court Division in F.A.T. No. 511 of 1999 permitting defendant respondents to file Memorandum of Appeal with bank guarantee. 2. The facts of the case, in short, are that the petitioner filed Money Suit No.77 of 1994 in the Artha Rin Adalat agai......ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ..Category: Banking Law | Date: | Hits: 96
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......ul Karim J.- This Appeal, by leave, is directed against the judgment and order dated 16.08.2000 passed by the High Court Division in Writ Petition No. 1236 of 1997 making the Rule absolute. 2. The case of respondent No.1 as writ petitioner was that while serving in Bangladesh Army he applied for ......f Akhlasur Rahman and others vs. Safarullah and others reported in 42 DLR (AD) 189. The words 'waiver' and 'acquiescence' and the abandonment of the writ was aptly considered in Halsbury's Laws of England, 3rd Edition, Volume 14, page 637 wherein it is stated that "Wavier, is the abandonment of the ..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ......rising 2.50 acres of Plot Nos. 342 and 381 being the subject matter of Writ Petition No.5392 of 1976 and Plot No. 380 being the subject matter of Writ Petition No.576 of 1998 hereinafter called the case land as without lawful authority and for a direction on the writ-respondent appellants to drop......g 2.50 acres of Plot Nos. 342 and 381 being the subject matter of Writ Petition No.5392 of 1976 and Plot No. 380 being the subject matter of Writ Petition No.576 of 1998 hereinafter called the case land as without lawful authority and for a direction on the writ-respondent appellants to drop the ..Category: Property Law | Date: | Hits: 42
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......e, since leave in the appeal was granted to consider the contention that deposition of P.W.4 although was corroborated by other P.Ws, but contradictory to the postmortem report and that the case against condemned prisoner was not proved beyond reasonable doubt. The other ground for conside......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
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