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

....m the PW 2. PW 1, Saker Ali opposed the accused No.1. Then the accused No.1 went to his house and again came with the other co-accuseds. Accused Emadul dealt an axe blow to PW 1 aiming his hand in order to kill him. The blow hit the jaw of the PW 1 Saker Ali and he fell down on the ground. The a......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. ..

Category: Criminal Law | Date: | Hits: 34

State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)

....ttorney-General instructed by B Hossain, Advocate-on-Record—For the Appellant. Aftab Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 38 of 2000 (From the judgment and order dated 9-7-1998 passed by the High Court Division in Criminal Revision No. 249 of 1997). Jud...... 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. ..

Category: Criminal Law | Date: | Hits: 63

Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)

....pondent Nos. 1-6. Enayatur Rahim, Advocate instructed by AKM Shahidul Huq— For the Respondents. Civil Petition for Leave to Appeal No. 632 of 2005. (From the judgment and order dated 27-7-2004 passed by the High Court Division in Civil Revision No. 5411 of 2003). ......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. ..

Category: Property Law | Date: | Hits: 22

Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)

.... Nawab Ali, Advocate- on-Record—For Respondent No. 1. Not Represented — The Respondent No. 2. Civil Appeal No. 34 of 1999. (From the Judgment and order dated 1-3-98 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 24 of 1997)...... (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Government of Bangladesh………………………&hel..

Category: Administrative Law | Date: | Hits: 94

Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)

....Civil Petition for Leave to Appeal No. 1205 of 1999. Judgment        Mahmudul Amin Choudhury J.- This petition for leave to appeal is against judgment and order dated 18-8-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 256......lul Karim, learned Counsel appearing on behalf of the petitioner, submits that dispensation of service of notices upon respondent Nos. 2 to 5 is contrary to the provision of section 29 of the Local Government (Union Parishad) Ordinance, 1983. It is submitted that it exercising the authority unde..

Category: Election Law | Date: | Hits: 112

ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

..... Judgment Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal by the Writ petitioners, namely, ASF Rahman, Salman F Rahman, Iqbal Ahmed and MA Qasem is from the judgment and order dated 9 May 1999 of a Division Bench of the High Court Division in Writ Petition No. 463 of 19......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. ..

Category: Banking Law | Date: | Hits: 139

Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)

....ash; For Respondent No. 1 (In both the Appeals). Not represented— Respondent No. 2-19 (In both the Appeals). Civil Appeal Nos. 11 & 12 of 1999. (From the Judgment and order dated 6 & 7 December, 1998 passed by the High Court Division, Dhaka in FMA Nos. 109 and 1......e Order and the rules framed thereunder. Opposite party No. 14 Abdul Mannan, Superintendent of SM Darussunnat Dakhili Madrasha, was appointed one of the 4 Assistant Presiding Officers of Gharghata Government Primary School Polling Centre within Nazirpur PS, but he remained absent and engaged opp..

Category: Election Law | Date: | Hits: 126

Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)

....ona designata and refused to implead them. He found that the Mela Committee had violated the terms of the trust deed, and so appointed three persons as-the members of the Mela Committee. Against this order a revision was taken by the present petitioner before the High Court under, section 115 of the...... 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. ..

Category: Trust/Waqf Law | Date: | Hits: 185

Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)

....peal by special leave arises from the judgment of a Division Bench of the High Court passed in Writ Petition No. 18 of 1977 summarily rejecting the appe­llant's petition wherein he impugned the orders of the respondent Nos. 2 and 3 ejecting his nomination paper and prayed for directing respo......er delimitation.” 6. Indisputably, the authority concerned in this case, the Deputy Commissioner had the power to issue the notification dated November 30, 1976. Section 3 of the Local Government Ordinance, 1976 empowers the Deputy Commissioner to do the following: &ldquo..

Category: Election Law | Date: | Hits: 114

Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)

.... before the Magistrate, praying for withdrawal of the prosecution against the appellants aforesaid. Material portion of one of the petition may be set out: “In compliance with the order of the S.P. Mymensingh communicated in his Memo No. 2151/V dated 4-6-73, I have the honour ......reedom fighters and the occurrence took place during the liberation war, and that the Court Inspector received communication from the Superintendent of Police, Mymensingh and that according to the Government Order the cases are not maintainable. It is true that the memo of the Superintendent of ..

Category: Criminal Law | Date: | Hits: 45

Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)

.... Ra­mail Kara to Talikhal and then discharging the water to Pyain river. The Irrigation Depart­ment of the defendant constructed Mali Bunds of Ramail Kara in early part of January, 1957 in order to excavate a channel in connection with the execution of a drainage scheme in Pyangul Pargan......an arise wherein both the State Acquisition Department and the Irriga­tion Department are components of the respondent and the act of the letter department should be taken to be the act of the Government itself. 5. Mr. B. N. Chowdhury, learned Counsel for the appellants contended that..

Category: Civil Law | Date: | Hits: 89

Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)

.... Advocate-on-Record – For the Appellant. Abdul Hamid, Advocate instructed by B.C. Panday, Advocate-on-Record- For Respondent. Civil Appeal No. 123 of 1977 (On appeal from the judgment and order dated January 30, 1978 passed by the High Court Division in Civil Rule No. 719 of 1975) Jud......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..

Category: Tenancy Law | Date: | Hits: 142

Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)

....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ..

Category: Tenancy Law | Date: | Hits: 163

Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)

....d-For the Appellant. T. Ali, Senior Advocate, instructed by AJ Khan Chowdhury, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 3 of 1973) (From the judgment and order dated 24.11.70 passed by the erstwhile High Court of East Pakistan in F. A. No. 136 of1961) ......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222.   ..

Category: Civil Law | Date: | Hits: 116

Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)

....Islam, Advocate— For the Petitioner. Not Represented— The Respondents. Civil Petitions for Special Leave to Ap­peal No. 171 and 305 of 1977. (From the judgment and order dated June 21, 1977 passed by the High Court in Writ Petition No. 82 of 1977 and dated April ...... Bangladesh and others………....Respondents (In Civil Petition No. 171 of 1977) Mrs. Delerash Begum…………….Petitioner Vs. Government of Bangladesh Ministry of Industries, Dacca and others…………. ..

Category: Constitutional Law | Date: | Hits: 307

Faridul Alam Vs. State and another, 2007, 36 CLC (AD)

....the Petitioner. Md. Nawab Ali, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent No. 1. Criminal Petition for Leave to Appeal No. 307 of 2005. (From the judgment and order dated 28-3-2005 passed by the High Court Division in Criminal Miscellaneous Case No. 10039 of ......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ..

Category: Criminal Law | Date: | Hits: 138

Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)

....Rahman, Advocate-on-Record— For Respondent No. 1. Not represented—Respondent Nos. 2-5. Criminal Petition for Leave to Appeal No. 550 of 2006. (From the judgment and order dated 30-7-2006 passed by the High Court Division in Criminal Revision No.1395 of 1993). ...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277.  ..

Category: Criminal Law | Date: | Hits: 50

Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)

....itioner, Syed Mahbubur Rahman, Advocate on-Record— For Respondent No. 8. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 855 of 2007 (From the Judgment and order dated 8-5-2007 passed by the High Court Division in WP No.7427 of 2006). Judgment: MM ......d Ed. ..

Category: Civil Law | Date: | Hits: 111

Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)

.... Syed Mahbubar Rahman, Advocate-on-Record— For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No.140 of 2005. (From the judgment and order dated 23-2-2005 passed by the High Court Division in Criminal Revision No, 549 of 2003). ......ned Counsel could not point at any illega­lity or infirmity in the decision of the High Court Division so as to call for any inter­ference. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

Bangla­desh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)

....r Advocate (Mainul Hosein, Senior Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Appeal No. 12 of 2003. (From the judgment and order dated 15th and 16th April 2002 passed by the High Court Division in Writ Petition No. 5981 o...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul K Chowdhury J Government of Bangla­desh and others..................Appellants Vs. Md. Salahudd..

Category: Constitutional Law | Date: | Hits: 133