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Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......vocate-in-Record—For the Appellant (In Criminal Appeal No. 53 of 2007) Abu Bakkar Siddique, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent (In both the cases). Criminal Appeal Nos. 52 and 53 of 2007. (From the judgment and order dated 2-5-2005 pa..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......8, 2007. Lawyers Involved: Mahmudul Islam, Senior Advocate, (with Probir Neogi, Advocate) instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner (In both the cases). Khalilur Rahman, Advocate, (with Sirajul Haque Miah, Advocate) instructed by ASM Kh..Category: Procedural Law | Date: | Hits: 86
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......e Krishna Soni and Hari Krishna Soni. Sree Krishna filed Title Suit 13 of 1959 impleading Hari Krishna Soni and the suit was decreed on compromise declaring the title of Sree Krishna Soni. Further case of the plaintiffs is that while in possession they came to know on 20 July, 1980 that defendan..Category: Property Law | Date: | Hits: 27
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....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. ......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 4-6-1995 con..Category: Criminal Law | Date: | Hits: 34
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... 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. ......serting 3.97 acres land in place of 0.97 acres of land and thereby they committed offences under the aforesaid provisions of law. Police on completion of investigation submitted charge sheet in the case against the accused respondent and others under the aforesaid sections of law. 3. On 54-1993..Category: Criminal Law | Date: | Hits: 63
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....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. ......ll pass necessary orders as deemed fit according to law 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)
....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......anything such points for further enquiry and that no order of dismissal could be passed without a reference to the Public Service Commission. 3. The Government-appellant contested the case by filing a written statement denying the material allegations made by the respondent applicat..Category: Administrative Law | Date: | Hits: 94
Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
....o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ......rdinance and it provides that the Election Tribunal shall upon receipt of an election petition give notice to all contesting candidates of the election to which the petition relates. It is not the case of the petitioner that no such notice was issued by the Election Tribunal or by the Appellate ..Category: Election Law | Date: | Hits: 112
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....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. ......ur) project Accounts were not paid. Subsequently, it was also assured to repay the instalments by 31st January, 1998 but the installments as per said assurance have not been paid. Please note that in case of delay in payment of such instalment, the existing repayment schedule will be treated as canc..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ...... of that centre having been found not to have been proved the recounting of votes of that centre was wholly without jurisdiction. The High Court Division had no perception at all with regard to the case of the respondent in respect of that centre and illegally and under a misconception rejected ..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... 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. ......st. The consequence of an action taken under any of the two sections is that the newly appointed trustee becomes vested with all the powers either solely or jointly with the continuing trustee as the case may be, and he will have the same power and authority as the trustee under the trust deed. ..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......tion paper and prayed for directing respondent No. 2 to make delimitation of the wards as per notification issued on November 30, 1976 and also for holding fresh election. 2. The appellant's case is that he, being a voter of Union Char Gazi, submitted nomination paper, for membership duly ..Category: Election Law | Date: | Hits: 114
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ......d in these appeals is covered by the decision given by this Court in C. A. No. 56 of 1977. 2. Facts material for the disposal of these appeals are that Criminal Appeal No. 4 arises out of GR case No. 523(2)/72. The occurrence is alleged to have taken place on 14-6-71. The First Information..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....peration at the time of its premature determination, owing to the occurrence of an intervening event or changes of circumstance so fundamental as to be regarded by the law both as striking at the root of the agreement, and as entirely beyond what was contemplated by the parties when they enter...... were always essentially necessary for the purpose of preservation and fishing. Thus the appellant has to spent more than Rs. 84,127.13 including the rental they paid to the respondent the further case of the appellant was that when they was going to get the fruit of their investment of capital ..Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....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. ......tle in respect of the entire suit land and for declaration that 1/3rd share recorded in the S. A. khatian in the name of the principal defendant Shanti Sudha Moitra is erroneous. 4. Plaintiff’s case in short is that the suit property belonged to 3 brothers in equal share, namely Brinchilal Moi..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. ......tentions. Learned counsel has submitted that the Conciliation Courts Ordinance having specially provided in sec 3(1) that, notwithstanding anything contained in the Code of Civil Procedure, 1908, all cases falling under the relevant part of the schedule shall be referred to conciliation under the Or..Category: Tenancy Law | Date: | Hits: 163
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....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. ...... July 1970 passed by the High Court to the effect that the appeal had abated in respect of respondent Abani could only be set aside on appeal or on review under Order 47 rule 1 CPC. In the instant case there was no appeal from nor there was any application for review of the said order. Neverthel..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......ty Order, he wanted to show that as the property of the petitioner did not come within the definition of abandoned property there is o scope of the application of the Regulation in the petitioners case. He next submitted that if the Regulation is said to have intended to prevent a person from ch..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....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. ......M Mahbubuddin, learned Advocate appearing on behalf of the petitioner, submits inter alia, that the High Court Division failed to appreciate that the complainant respondent No. 2 filed the criminal case against the petitioner to deprive him from paying advance money which was received against de..Category: Criminal Law | Date: | Hits: 138
Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
.... 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. ......n for leave to appeal is directed against the judgment and order dated 30-7-2006 passed by the High Court Division in Criminal Revision No. 1395 of 1993 discharging the Rule. 2. Prosecution case, in brief, is that the informant on the murder of his brother, Abdul Khaleque, lodged the FIR ..Category: Criminal Law | Date: | Hits: 50
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