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Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
....ce report as above under section 27(1) of the Ain as amended will mean a report contemplated under, section 173 of the Code of Criminal Procedure and said above police report is to be submitted after holding investigation in a police case started upon first information report lodged in thana as PS c......n dated 19th July, 2003 upon report section 27(1) of amended Ain as above by police officer not below the rank of Sub-Inspector of Police or upon report by any other officer authorized in law by the Government. 22. The argument advanced on behalf of accused-petitioner is that said required report..Category: Criminal Law | Date: | Hits: 48
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....s fit and proper. 7. We have heard the learned Advocates of both the contemners and the learned Assistant Attorney-General, in the instant case Harun Chowdhury, as the District Magistrate, Sylhet was holding the office of the Head of the Magistracy in the District and Mostafa Kamal, Superintendent o......Head of the Magistracy in the District and Mostafa Kamal, Superintendent of Police, Sylhet was holding the office of the Head of Police Force in the district and both are responsible officers of the Government and it is the responsibility of both of them to comply with the orders passed by this Hon'..Category: Civil Law | Date: | Hits: 1272
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....l Procedure do not disclose that the accused was in any way connected with the occurrence and he committed any act of abetment and under such circumstances, the High Court Division was justified in holding that there was no sufficient ground for proceeding against the accused on the charge of abet......s to make out a prima-facie case under Section 302 and 34 of the Penal Code for proceeding against the accuse petitioner whose name was mentioned in the First Information Report and against whom some overt acts had been alleged. The High Court Division while disposing of the Rule issued under Sectio..Category: Criminal Law | Date: | Hits: 73
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
....and determination of right in land re-appearing on account of alluvion. By the said Act, the right, title, interest of the original tenant or his successor-in-interest would subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appeared in situ w......preme Court High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Abi Abdullah (Md.) and others……………..Petitioners Vs. Government of Bangladesh represented by the Secretary, Ministry of Land & others..……………..Category: Property Law | Date: | Hits: 99
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....d situated within Ghorail Bazar and, as such, it is not pre-emptable. 4. The trial Court on consideration of the facts, circumstances and evidence adduced by the parties disallowed the pre-emption holding that the disputed land is a "Chandina" land situated at the centre of the Bazar, which not b......that the class of the land is "Kanda" land and other relevant documents also show that the land is "Kanda." As such, the land in question cannot be "Chandina" land within the periphery of any Bazar. Government also never declared the land as Bazar. It is further stated that the appellate Court below..Category: Property Law | Date: | Hits: 91
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....ht in the goods for sale in auction, and for the same reason the auction seller neither becomes legally obliged to accept the highest bidder as the auction purchaser nor becomes legally retarded from holding a fresh auction. That being the position of law, in the instant case no legal right in respe......rity in favor of the defendant-petitioner; and that the defendant-petitioner accepted the earnest money and gave assurance to the plaintiff-opposite-party that the auctioned materials would be handed over to him within a short time subject to receiving survey report from the higher authority; subseq..Category: Business or Commercial Law | Date: | Hits: 209
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
.... Jalal Patwari died in 2000 and submits that Jalal Patwari was admitted to have died before the preliminary decree was made final. Learned Joint District Judge, therefore, did not commit any error in holding that the final decree as drawn against a dead party, namely, defendant No. 232 Jalal Patwari...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224...Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....ocate appearing on behalf of the pre-emptee- petitioner, has assailed the impugned judgment of the Courts below mainly on 2 grounds. Firstly, he submits that both the Courts below erred in law in not holding that the pre-emption application was bad for defect of parties inasmuch as some of the co-sh......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ..Category: Property Law | Date: | Hits: 67
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
....rocedure in the Court of District Judge, Chittagong, but the learned District Judge by his order dated 14-5-2005 without entering into the merit of the revisional application rejected the application holding that since the valuation of the suit is above 5 lac Taka he does not have the pecuniary juri......the District Judge; rather the High Court is a proper forum under section 115(1) of the Code to dispose of such revisional application. A conflicting view was taken by another Division Bench presided over by Mr. Justice Md. Arayesuddin and it was held by that Bench that since no valuation has been m..Category: Procedural Law | Date: | Hits: 90
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
....the Bank to hand over required cash leaving the convict-appellant in the baby taxi with the rest cash. All on a sudden, the informant heard a shooting sound and saw some person entering into the Bank holding the accused with rifle and then it was learnt that Abdul Wadud Chowdhury, a field staff cum ......ched at Raipur Branch of Sonali Bank. The Bank employees are Cashier Shamsul Alam. Typist Shamsul Islam and the Guard Shahjahan (accused). Shamsul Alam and Shamsul Islam entered into the Bank to hand over required cash leaving the convict-appellant in the baby taxi with the rest cash. All on a sudde..Category: Criminal Law | Date: | Hits: 96
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation under Article 102 of the Constitution, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned memo (Annexure-B) dated 23-2-2003 issued by respondent No. 5 for holding election scheduled to be held on 28-2-2005 for the post of acting Chairman (Chairman-in-char......inal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Ali Akbar (Md.) ………………………………………………………………..Petitioner Vs. Government of Bangladesh and others……………………………Respondents. Judgment Augus..Category: Election Law | Date: | Hits: 83
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....The police after investigation submitted a final report in favour of the accused. The Magistrate accepted the final report. A fresh complaint was filed making similar allegation. The Magistrate after holding an inquiry took cognisance of the offence. Accused Abdus Salam being unsuccessful before the......ging the accused Mofizur Rahman in failing to notice that there are sufficient materials on record to frame charge against him and that while discharging him the learned Additional Sessions Judge has overlooked the reasoning of the learned Magistrate. 4. Mr. Mujibur Rahman, learned Advocate, on t..Category: Criminal Law | Date: | Hits: 49
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....tion, first agreement for sale of the cinema hall and in the absence of any proof that the Ministry of Industries ever took over possession of said property, learned Subordinate Judge erred in law in holding that schedule(Kha), property seemed to be abandoned property and not vested property. 11.......ce. Ed. This Case is also Reported in: 58 DLR (2006) 176. ..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....f by this single judgment. 2. In writ petition No. 3773 of 1996, Rule Nisi is issued calling upon the respondent No.1 Mr. Anwar Hossain, to show cause as to why he should not be prohibited from holding the post and position of the Executive Director II, Editor, Printer and Publisher of the Dai......R (AD) 347; Jibon Kumar Barman Vs. M Abdul Hye Chairman of the Election Committee and others, 48 DLR 569; Sultana Nahar Vs. Bangladesh and others, 1998 BLD 363 = 2 BLC 430; Md. Abdur Rashid Khan Vs. Government of the People's Republic of Bangladesh, 6 MLR (AD) 8; Shahabuddin (Md.) Vs. Secretary, Min..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....ment Primary School with the prior approval of the Directorate of Primary Education. He lastly submits that since the petitioner admitted the allegation brought against him there was no necessity for holding any enquiry. 7. Mr. Mobina Asaf, Learned Assistant Attorney-General appearing on behalf o......t Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Moulana Md. Abdul Kader Azadi……………………………..Petitioner Vs. Government of Bangladesh and others………………………..Respondents. Judgment April 19,..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
.... the Sessions Judge found the appellants guilty of charge under section 147 of the Penal Code and granted interim bail pending filing of appeal. The High Court Division summarily dismissed the appeal holding mat the appellants were fugitives from law as they did not surrender before moving their app......as mentioned that on secret information respondent No. 5 came to learn that imported items (fabrics) as mentioned in the said letter would be sold out in the open market and thereby a huge amount of Government revenue would be evaded. It was also stated in the said letter that to prevent sale of tho..Category: Criminal Law | Date: | Hits: 158
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
.... the condemned-prisoner and found his daughter lying dead. PW 6 Abdus Sattar Constable No. 319 escorted the dead body to the morgue and identified the same to the doctor PW 5. Md. Abdul Hai who after holding post mortem on the dead body of the victim opined that the injury was antemortem and homicid......………………Respondent. Judgment August 21, 2002. Cases Referred to- State Vs. Abul Kalam, 5 BLC 230; State Vs. Eunnus Kha, 5 BLC 253; the State represented by the Solicitor to the Government of the People's Republic of Bangladesh Vs. Md. Shafikul Islam alias Rafique and another, 4..Category: Criminal Law | Date: | Hits: 96
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....d Textiles it appears that the writ respondents were not interested in settling the outstanding dispute regarding release of the properties and payment of compensation by the writ respondents for withholding payment of compensation and occupying the godowns legally causing loss to the writ-petitione......I ADC (2011) 376, 31 BLD (AD) (2011) 86. ..Category: Property Law | Date: | Hits: 128
Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
.... dated 16-7-2002, upheld the appointment of Nikah Registrars of 10 Wards of Dhaka City Corporation which was abolished earlier by the government including the Word No. 99 of which the petitioner is holding license of Nikah Registrar and that by SRO No.12 Law/39 dated 19 January 1993, Rule 5Awas in......ustice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka & others .......................Respondents Judgment August 3, 2008. Cases Referred To- Kazi Emanuddin Bhuiyan Vs. The Government of Bangladesh, 12 BLC (AD) 134; Raisuddin Vs. Bangladesh and others, 51 DLR (AD) 152; Mvi...Category: Civil Law | Date: | Hits: 105
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
....n of deed in 1987 in favour of the appellant, on a misconception of law observed that the said decree is binding upon the appellant. The High Court Division had committed another fundamental error in holding that as the government did not appear the said suit, the decree is also binding upon it in......2. The dispute relates to a piece of land appertaining to SA Khatian No. 955 of S.A. Khatian No.542 measuring an area of 16 decimals, situates at Bara Moghbazar, Dhaka. The parties are at loggerheads over the ownership of the said land and legal proceedings cropped up since 1961. One Shamsul Huda ..Category: Property Law | Date: | Hits: 71
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