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Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....eing held in custody without lawful authority or in an unlawful manner. 4.The rule being issued, the appellant contested the rule by filing affidavits-in-opposition denying the material statements made in the writ petition and stating, inter alia, that none of the sex-workers was tak......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. ..Category: Constitutional Law | Date: | Hits: 150
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....P.W.5 at the relevant time was the Officer-in-Charge of Malendaha Police Station and recorded the FIR on the oral statement of the informant (P.W.I), P.W.7 was the Upazila Magistrate who recorded the statements of P.Ws.2 and 6 and another witness under section 164 of the Code of Criminal Procedure, ......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. ..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. ....../or such other or further order or orders passed as to that Court might seem fit and proper. At the time of the issuance of the Rule the respondent Nos.4 and 5 were also restrained from collecting rents, salami, usufructs, or any other income arising out of the Waqf Estate, initially for a perio..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....defendants filed an application under section 151 CPC praying for recalling the writ appointing the receiver stating, inter alia, that the plaintiff, by suppressing facts and also by making untrue statements, filed the aforesaid application dated 13.11.2002 praying for appointment of receiver w......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. ..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....Tk. 64, 000/- on 29.12.2002 and Tk.5, 000/- on 01.10.2003. 8. It is also not disputed that he was to repay the loan by monthly installment of Tk.41, 250/- within a period of 10 years from his own statements as made in the additional statement. It is clear that he defaulted in making monthly inst......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:..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
.... the learned District Judge, Narayangonj against the aforesaid judgment and decree. 5. The learned District Judge after holding local enquiry on consent of both the parties took statements from 10 local people and tenants who mostly deposed that they are tenants under defendan......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. ..Category: Property Law | Date: | Hits: 28
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......d and (3) Abdul Hamid. Subsequently on 04.07.1995, all the heirs of Sheikh Elahi Bux and Sheikh Abdul Karim sold 4.50 acres out of 5.68 acres to the defendant petitioner and mutated his name and paid rents to the Government. Defendant No.14 petitioner is in possession of the suit property. In the a..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
..... Thereafter he forcibly dispossessed the plaintiff from the suit land on 15.03.1993. Hence the suit. 3. The defendant Nos. 1 and 5 contested the suit by filing two separate sets of written statements. They denied the material allegations made in the plaint. The case of defendant No.1 is ......sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 30
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....86 and Dr. Masudur Rahman, Chairman of the Committee for Refugees, tried to mediate the matter but the plaintiff then filed the present suit. The defendant No.3 also filed another written statements more or less on the same line. 3. The learned Senior Assistant Judge, Jessore, ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
.... person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were ......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......ed by the Secretary of Mohammadpur Jame Masjid and Eidgha (Annexure—A) was annexed to the Writ petition to show the date of the burial. 3. The appellant came to this country in 1947 with his parents. He passed M B B S Examination in 1955 and from then on he served in various institutions an..Category: Property Law | Date: | Hits: 32
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....cretionary jurisdiction in condoning the delay without having sufficient facts and thus was in serious error in condoning the delay. It may be mentioned High Court Division on consideration of the statements made in the application filed before the appellate Court seeking condonation of delay was......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......itted tenants." 12. As to the S.C.C. suits the High Court Division found that the defendants of those suits (appellants in these appeals) were defaulters in making payment of rents and as such they were liable to be evicted from the premises as mentioned in those suits. ..Category: Property Law | Date: | Hits: 106
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
.... us through the impugned judgment. 6. He submits, inter-alia, that the trial court did not consider the evidence of P.Ws. 5, 7 and 14 who being declared as hostile witnesses made material statements proving innocence of the petitioner and that the High Court Division committed error in ......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. ..Category: Criminal Law | Date: | Hits: 52
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....said First Information Report. 3. The local police registered the case, started investigation, examined witnesses including the aforesaid victim girl Tamanna Taskin Nishi and recorded their statements under section 161 of the Code of Criminal Procedure and on 17.8.1999 submitted Final Rep......im here self the learned Advocate submits that she stated on the date of occurrence she went to visit the house of one of her relatives and asked one of her acquainted persons to inform it to her parents and that no one kidnapped her. The statements of other witnesses including her mother also, ..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....orming three member inquiry committee for conducting an inquiry for conducting an inquiry for imposing major penalty upon the respondent and that the members of the inquiry committee did not record statements of any witness in presence of the respondent and issued memo dated 06.07.2003 askin......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..Category: Others | Date: | Hits: 97
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... are on the face of the plaint itself in respect of two employees of the High Court Division of the Supreme Court of Bangladesh who were persons in the service of the Republic and as such from the statements of the plaint itself the suit is bared by Article 117 of the Constitution read with sect...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....the matter that was an issue in the earlier suit, i.e. Other Class Suit No. 37 of 1987, wherein the Respondent No.1 was a party should not be allowed being an abuse of the process of the court. The statements made in the plaint of Other Class Suit No. 41 of 2000 in support of the prayer 'ka' are ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 122
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......eding by filing a suit but ultimately the appellant was not successful upto this Division. While appellant's suit filed challenging legality of the certificate issued for realization of the arrear rents, yet to reach finality at that stage from the office of the District Magistrate a Memo, was a..Category: Property Law | Date: | Hits: 38
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