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Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......is instance the younger brother of informant died the High Court Division has fallen in an error of law in enlarging the respondent on bail by the impugned judgment and order dated 4.11.2002 in the case of murder under section 302 of the Penal code and as such the impugned judgment and order is r..Category: Criminal Law | Date: | Hits: 68
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ...... the appellant having not filed his application for rectification of any mistake or error which is apparent on record, and having merely prayed for cancellation of the three earlier orders no case was made out under section 196B of the Act and therefore there was no reason to hold that the ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ...... (Civil) Present: Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Jamuna Knitting and Dyeing Limited and another.........Petitioners (In both the cases) vs Messers Yunusco K. Textile Ltd. and others...............Respondents (In bo..Category: Property Law | Date: | Hits: 41
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....n front of the house of Manowara Begum (PW 6), which was floating on the water. He took photograph of the dead body of the woman and prepared the inquest report. The hair and skin on the head were rooted, teeth were broken and her abdomen was torn. There was injury on the private organ of the de......29-8-1995 was started, 3. The police after investigation submitted charge sheet against the condemned-prisoner Mukter Hossain under sections 302/201 of the Penal Code and on receipt of the case record, the trial Court framed charge under the aforesaid sections of the Penal Code but the s..Category: Criminal Law | Date: | Hits: 71
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......it holding the plaintiffs are therefore co-sharer in the suit holding with the defendants. Hence the amendment for partition of the suit land is permissible in law as an alternative prayer in case the dispossession of the plaintiffs by the defendants, is not proved. The learned Advocate for..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ...... Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Appellants. Not represented—The Respondents (In all the cases) Civil Appeal Nos. 227-229 of 2000. (From the judgment and order dated 24-2-..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......tive remedy exists a party cannot have recourse to the inherent jurisdiction of the Court under section 151 of the Code of Civil Procedure. In this connection, the High Court Division relied on the case of Shahidur Rahman Majumder (Md) Shahidullah Majumder and others vs. Sahirunnessa and others ..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......thority dismissed the respondent from service. 3. The respondent filed Administrative Tribunal Case No. 132 of 1986 against the order of dismissal and the Government-appellant contested the case. The Administrative Tribunal dismissed the case. The respondent preferred an appeal and the Ad..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......Estate which cannot be interfered with by granting lease to respondent No. 4 for collection of sand from the appellant tea estate, that if mineral resources are found inside the tea estate in that case the respondents may control any part of the estate but not otherwise and said provision was in..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......dalat and, as such, the impugned judgment and order is liable to be set aside by this Court. Furthermore, the learned Judges of the High Court Division failed to appreciate the decision in the case of Sultana Jute Mills Ltd. others vs. Agrani Bank reported in 1994 BLD (AD) 196 wherein it is..Category: Banking Law | Date: | Hits: 157
Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)
....rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......t of arrest against the petitioner and subsequently the petitioner was granted bail. It is further stated that the charge under Section 420 of the Penal Code was framed against the petitioner and the case is pending for trial and in the meantime 4 (four) witnesses have been examined. 3. Challengi..Category: Criminal Law | Date: | Hits: 92
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ...... the Penal Code. 2. The aforementioned convicts filed Criminal Appeal No. 1026 of 1991 as against the judgment and order of the Court of Sessions Judge as mentioned hereinbefore. 3. Prosecution case as narrated by the P.W.I, brother of the deceased Mohammad Ali, in short, is that Abdus Samad M..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......il) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Tariqul Islam Khan...............................Petitioner (In all cases.) Vs Mohammad Hanif & ors....................Respondents (In C. P. No.746 o..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......should therefore be sparingly used; the provisions for the appointment of a receiver is to be considered as one of the rarest remedies for the enforcement of rights to property; but in the present case the learned Joint District Judge failed to appreciate the necessary legal requirements as afor..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......epay the said loan and thereby became a defaulter and was disqualified to be elected as Chairman and/or to continue as a Chairman of the concerned Union Parishad. 3. The opposite party No. of the case contested the election petition by filing a written objection denying all the material allegati..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......suit on 31.12.2002 in favour of the plaintiff and directed the plaintiff to file a petition for recovery of khas possession. The trial Court accordingly gave possession to plaintiff in an execution case and the defendant preferred Title Appeal No.9 of 2003 before the learned District Judge, Naray..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ......ssession on 13.09.1991 by defendants and as such committed illegality. Lastly, the learned Advocate submits that the High Court Division failed to appreciate that the plaintiff failed to prove his case of alleged possession and dispossession as a whole and as such it merits interference with by ..Category: Property Law | Date: | Hits: 51
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government of the People's Republic of Bangladesh, represented..Category: Administrative Law | Date: | Hits: 125
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......ourt Division in Death Reference No.26 of 2001 rejecting the death reference with commutation of the sentence of death inflicted upon the Respondents to imprisonment for life. 2. Prosecution case, in brief, is that on 23.05.1997 informant (P.W.I) Mst. Tanjila Khatun along with her husband ..Category: Criminal Law | Date: | Hits: 36
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