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Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ...... for by the plaintiffs either. The learned District Judge further observed that there was a distinction between a declaratory decree and a decree setting aside certain document, in the former case a fixed Court fee is payable on the plaint and in the latter ad valorem Court fee is required ..Category: Civil Law | Date: | Hits: 103
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......981 to 23rd July 1989. 3. The petitioner challenged this order in the High Court Division in the above mentioned writ petition as having been made without any lawful authority. 4. The case of the contesting respondent, on the other hand is that on the objection raised by t..Category: Employment/Service Law | Date: | Hits: 84
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......tigation police submitted charge sheet against the petitioner Md. Wasim Mia and Md. Wafiz Mia (since acquitted) under Section 7/9(1) 730 of Nari-O-Nirjaton Damon Ain, 2000, in short, the Act. The case thereafter being sent for trial, the Trial Court framed charge against the accused under Secti..Category: Criminal Law | Date: | Hits: 57
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......ises as a result of which he realized that by practicing fraud the accused petitioner and others entered into the house of the complainant and having no other alternative lodged petition case No. 2783 of 1998 under sections 4207 4487 506 and other sections of the Penal Code. 3. ..Category: Criminal Law | Date: | Hits: 30
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......foresaid section of the Penal Code. 2. The petitioner along with 7 other accused were tried in Sessions Case No. 78 of 1994 under sections 302/34 of the Penal Code. 3. Prosecution case, in brief, is that one Bhabaranjan used to reside in the house of one Narendra Nath Mondal at ..Category: Criminal Law | Date: | Hits: 52
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......tioner and the trial itself are all illegal and hence the proceeding is liable to be quashed. 4. Being permitted the learned Advocate refers to the additional ground as follows:- "The complaint case having been filed in contravention of provision of Sections 138 and 141 (b) of the Negotiable..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......Prevention of Corruption Act, 1947 (Act II of 1947). On the aforesaid allegation Shahajadpur P.S Case No. 08 date 13.4.2001 was started against the accused petitioner and others and the case being investigated a Final Report (True) was submitted on 21 June 2002 by the investigating of..Category: Criminal Law | Date: | Hits: 39
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
.... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......ase No.170(11)82 was started against the petitioner, co-accused Majibul Hoque and others under sections 409/467/468/ 201 of the Penal Code and after investigation charge sheet was submitted and the case was thereafter sent for trial and the learned Special Judge after recording evidence convicte..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......sentencing him there under to suffer rigorous imprisonment for 5(five) years and to pay fine of Tk.5,000/- in default, to suffer rigorous imprisonment for 6(six) months. 2. Prosecution case, in short, is that on the night following 07.09.1994 at about 9-9.30 P.M. the accused petition..Category: Criminal Law | Date: | Hits: 48
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......tu and that she would be returned before evening. But ultimately she was not returned and then the informant lodged the aforesaid First Information Report. 3. The local police registered the case, started investigation, examined witnesses including the aforesaid victim girl Tamanna Taskin ..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ...... is that seniority alone is not the sole basis for promotion and that seniority does not create a claim for being promoted although the same creates a right in favour of an employee to consider his case of promotion along with the case of others who are posted in the similar situation. Promotion..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ur of respondent No.3 or otherwise respondents No. 1 and 2 would suffer irreparable loss and injury, As the Civil Court was closed, it was submitted that in the facts and circumstances of the case, the High Court Division must be deemed to have inherent power to do right and to undo wrong i..Category: Civil Law | Date: | Hits: 119
Abul Hashem Vs. State, 2006, 35 CLC (AD)
....of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ...... hereinafter referred to as the Ordinance. Under the provision of aforesaid ordinance, the Special Tribunal constituted under the Special Powers Act, 1974 took cognizance of the offence, to try the case. 3. The petitioner filed an application under section 561A of the Code of Criminal Proc..Category: Criminal Law | Date: | Hits: 30
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......rom around on hearing hue and cry of the victim. The companion and the other local people took the victim to Rajbari Hospital where the Doctor declared him already dead. 3. It is the further case of the prosecution that before 10/12 days there was a quarrel between Badsha Miah and the..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......ring words stipulating the payment of repeating costs at TK. 8,00,000/- and the respondent No.1 was to get a bill of the said amount from the petitioner as repairing costs. Petitioner's further case was that since his financial condition was not good and thus the petitioner became unable to p..Category: Property Law | Date: | Hits: 31
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......d thereafter looted away TK. 95,000/- along with a bag wherein the money was kept and on the basis of aforesaid allegation said Md. Farooq Hossain lodged First Information Report. Thereafter a case was started and it was investigated by the police and the police after investigation submitte..Category: Criminal Law | Date: | Hits: 52
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......works done with the fund of the Union Parishad and the value of such work not being exceeding TK. 50,000/-. The Union Parishad may itself execute the work through a Project Committee and in such a case there is no contract and as such there is no question of the Chairman of the Union Parishad be..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......elled by order dated 9-4-1986 passed by the Chief Engineer (appellant No.1) with a direction to pay the respondent (in the scale of Tk. 325-610 against the Respondent no. 2) filed the above I.R.O. case under section 34 of the Industrial Relations ordinance, 1969. The appellants as second party c..Category: Employment/Service Law | Date: | Hits: 55
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......50/51-52 and 51/52-53 the suit land was made khas by the Government. The trial court observed that P.W. 1 was one of the defendants in Title Suit No. 288 of 1975 and for his interest supported the case of the Government but now for his own interest is resiling from his earlier stand supporting t..Category: Property Law | Date: | Hits: 39
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ......mpromise and it is not permitted by law". This Division set aside the judgment and order of the High Court Division passed in First Appeal (Probate) No. 146 of 1996 and thereupon sent back the case to the 'original court' "For hearing the same afresh in accordance with law by giving opp..Category: Property Law | Date: | Hits: 62
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