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Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)

....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add addition­al grounds. Ed. ......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add addition­al grounds. Ed. ..

Category: Procedural Law | Date: | Hits: 100

Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......nd intention, without any-lawful authority and the petitioners have no other option but to apply to the Court for recti­fication of the share register. The petitioners are entitled to get equivalent number of spon­sors shares 'and 3 (three) directors position of the respondent No.1 Company against..

Category: Banking Law | Date: | Hits: 185

Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)

.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)

....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dis­missed without any order as to costs. Ed. ......t the respondent, Bangladesh Secretary for the enforcement of Human Rights, in short, BSEHR and others filed Writ Petition No. 2871 of 1999 stating, inter alia, that on 23.07.1999/24.7.1999 a large number of policemen entered into the rooms of the resi­dents of Nimtali and Tanbazar, Narayanga..

Category: Constitutional Law | Date: | Hits: 150

Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)

....cordingly, the appeal is allowed with­out any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ...... No. 1207 of 1999. The Civil revision was pending at the relevant time. 3. Respondent Nos.2 and 3 filed Other Suit No. 280 of 1987 in the Court of Assistant Judge, Chittagong (subsequently renumbered as Other Suit No. 25 of 1992) seeking declaration that the properties described in the sc..

Category: Trust/Waqf Law | Date: | Hits: 190

Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)

.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accor­dance with Rules. Ed. ......l for treat­ment and then he was taken to Dhaka Medical College Hospital where attending doctor declared him dead. The injured driv­er was being treated at Dhaka Medical College Hospital. A number of neighboring persons witnessed the occurrence. There had been a dispute regarding business..

Category: Criminal Law | Date: | Hits: 31

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. ......gainst an interlocutory order of Artha Rin Adalat and, as such, the impugned judg­ment and order is liable to be set aside by this Division. In support of his argument Mr. Huq has referred to a number of decisions in the case of Sul­tana Jute Mills Ltd. and others vs. Agrani Bank, 1994 BL..

Category: Banking Law | Date: | Hits: 157

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. ......of right, title and possession, transferred it in his favour by way of Ewaj-Badal under a registered deed No.1467 dated 25.03.1989 and handed over possession to him. But due to mistake, the Khatian number was wrongly written in the schedule of that deed. He was not aware of the Other Suit No. 53..

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. ......promotion. It is seen from the materials on record that the petitioners' case for getting promotion is primarily based on seniority as already mentioned. It is now accepted rule and also there are number of decisions of the superior Court that seniority alone cannot be the criterion to have the ..

Category: Administrative Law | Date: | Hits: 125

State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)

....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......ion where as F.I.R. was lodged on 28-8-1998 and charge-sheet was submitted on 24-10-1998. 4. Upon hearing the parties the learned Nari-O-Shishu Nirjatan Adalat rejected his bail prayers on a number of occasions and lastly on 19-9-2000 assigning reasons. Against the said order of rejection..

Category: Criminal Law | Date: | Hits: 44

Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......to all citi­zens of Bangladesh without any discrimination on grounds of race, sex, class, religion or political opin­ion." 20. Since the promulgation of the Order in 1973 though there has been a number of changes in the composition and elective nature of the Executive Committees of the local un..

Category: Constitutional Law | Date: | Hits: 170

Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)

....ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......rovides that no election shall be called in question except by an election-petition before the Tribunal constituted under the said ordinance. In this connection, the learned counsel has referred to a number of decisions, in particular, the decision of this Court in the cases of A.F.M. Shah Alam and ..

Category: Election Law | Date: | Hits: 173

Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)

....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ...... not answer the description who should be present in such proceeding. See M.K. Sowbhagiammal and another Vs. Komalangi Ammal and an­other reported in AIR 1928 Madras 803. The Court after reviewing a number of decisions observed: — "In dealing with the question; has the Caveator the necessary i..

Category: Property Law | Date: | Hits: 80

Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)

....ance No. 1983. 2. The facts, relevant for the proper dis­posal of this appeal, are that the respondent No.1 (Writ-Petition) filed the above writ-petition, stating to the effect that as a voter in Ward No.9 of No.9 Kaimpur Union Parishad he filed nomination paper as a candidate for Chai......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. ..

Category: Election Law | Date: | Hits: 108

Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)

....ce to the appellants before us. In the aforesaid premises, we are of the view that the appel­lants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......W. 7 is not also a witness since he P.W 7 did not even hear as to what the victim stated nor he heard of the name of any accused from the mouth of the victim in the backdrop of availability of good number of doctors; F.C.P.S. M.B.B.S and others including nurses and assis­tants in Sadar Hospi..

Category: Criminal Law | Date: | Hits: 25

Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and oth­ers, 2006, 35 CLC (AD)

....n established by the plaintiff that Jairuddin did not surren­der his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......y;ings the appellate court set aside the judg­ment of the trial Court. 7. The plaintiff then moved the High Court Division in revisional jurisdiction and obtained Rule in civil revision number as mentioned hereinbefore. 8. The High Court Division on the find­ing that neithe..

Category: Property Law | Date: | Hits: 35

A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)

....ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......said respondents filed Miscellaneous Case No. 456 of 1989 under Order 9 Rule 13 of the Code of Civil Procedure which being allowed aforesaid Other Suit No. 101 of 1985 was restored to its file and number upon setting aside the ex-parte decree. Against the said order the present petitioner moved ..

Category: Property Law | Date: | Hits: 34

Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)

.... judgment and decree dated 26.01.1994  passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......r was produced by the plaintiff to prove his settlement of the suit land and acceptance of nazar money by the landlords. The appellate court below further held that Ext.3 does not show the khatian number to which the land proposed for settlement related. The lower appellate court also held that ..

Category: Property Law | Date: | Hits: 34

State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)

....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......quired to be followed in the hearing of an appeal and in considering a case based entirely on circumstantial evidence. For good or worse, the learned Sessions Judge has taken into consideration a number of circumstances proved against the accused and found it possible to record an order of c..

Category: Criminal Law | Date: | Hits: 129

State Vs. Omar Ahmed, 2008, 37 CLC (AD)

.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tri­bunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ...... the gate of his house, the said unknown persons shot at him from fire arms and the victim fell down on the ground and the miscreants fled away. The informant learnt that the killers were 10-12 in number. The victim was taken to Barisal Medical College Hospital and the doctors on duty declared h..

Category: Criminal Law | Date: | Hits: 41