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Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......issed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......eprive the co-sharers. 27. In that view of the matter we are of the view that the High Court Division was not in error in not. interfering with the finding of the lower appellate Court as to nature and character of the auction sale and the purchase made in the name of the wife of the defe..Category: Property Law | Date: | Hits: 32
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......n him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ...... discuss or consider that the accused respondent had penned through the figure '2' and wrote the figure ‘1’ and also figure '6' was penned through and altered as figure '5' and he also put his signature near them on the same date and sent his report to Deputy Post Master General, Khulna without ..Category: Anti-Corruption Laws | Date: | Hits: 173
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......this petition is not maintainable. 17. Suffice it to mention in respect of the merit of the case that the subject matter of challenge has been dealt with by this Division in other cases of similar nature and held that the proceeding could be continued and that the accused respondent may challenge..Category: Anti-Corruption Laws | Date: | Hits: 139
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ...... Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ...... as Personal Assistant-Cum-Stenographer of a Judge of the Supreme Court and his salary was in the Scale of Tk.850-1700/-. The further case of the respondent was that the designation as well as the nature of job was exactly the same as those of the employees bearing the same designation in the Se..Category: Employment/Service Law | Date: | Hits: 104
Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ......with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ......e similarly found that Nilambar Mahajan, the original owner of the suit property settled the same in favour of Nolini Ranjan Dutta by registered patta, Ext.2, and the adjacent R.S. Plot No.2540 the nature of which is a nal land is a khas land of the Government and the suit land was recorded in th..Category: Property Law | Date: | Hits: 29
Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)
.... night guard of the school to go out and then other accused came and killed the deceased but he did not disclosed the same to anybody, Thus it appears that his confessional statement is not wholly exculpatory rather the same is partly exculpatory and partly inculpatory. It is true th...... said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ......guard of the school to go out and thereby facilitating the murder of the deceased by other accused narrated by him in his confessional statement. 11. The learned Counsel submits that the signature or L.T.I, of the appellant was not obtained in the confessional statement. So the same canno..Category: Criminal Law | Date: | Hits: 47
Humayun Majid Vhora Vs. Q.S.M. Jahanzeb & others, 2008, 37 CLC (AD)
....t Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 716. ......ect decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 716. ......y such loss of money illegally kept, in the locker of the bank, the bank cannot be held responsible. 5. Moreover the liability if any of the bank in respect of such loss of money is of civil nature. 6. In the facts and circumstances of the case and in view of the discussions made ab..Category: Criminal Law | Date: | Hits: 49
Md. Dulal Mia Vs. State, 2008, 37 CLC (AD)
....in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ......e Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ......of the deceased Hazera Khatoon and opined in the postmortem report that the death was due to cardiogenic shock resulting from injuries found on the dead body which was ante-mortem and homicidal in nature. P.W.11 Rafiqul Islam after investigation submitted charge-sheet dated 12.8.1997 under secti..Category: Criminal Law | Date: | Hits: 51
Bokkor alias Md. Bokkor Vs. State, 2008, 37 CLC (AD)
....of the High Court Division. Accordingly, both the Jail Petition and Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ......sp; Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ......njured with presence of ante-mortem clotted blood. He opined that the death was "due to hemorrhage and shock as a result of the above mentioned injuries which were antemortem and homicidal in nature." 10. We have heard Mr. A. B. M. Bayezid, the learned Advocate for the petitione..Category: Criminal Law | Date: | Hits: 32
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......ismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ...... the suit merely for declaration as to the decree passed in Title Suit No. 19 of 1978 to which they were not party. 8. The learned Counsel for the petitioner took serious exception as to the nature and quality of the judgment. We have noticed on previous occasions that the learned Judge of..Category: Property Law | Date: | Hits: 20
Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)
....'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ...... J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and another................... Petitioners. Vs. The Administrative Appellate Tribunal, represented by its Chairman, Supreme Court Premises, Ramna, Dh......d the learned Additional Attorney‑General and a number of Senior Counsels who were present in Court. The petitioners' contention is that the new provision for leave to appeal is procedural in nature and it is to be given retrospective effect. It is submitted by some other Counsels that the ..Category: Administrative Law | Date: | Hits: 180
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
.... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ......ordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ......9 of the Constitution gives the widest power to the President and no word of limitation can be indicated in the said Article and the order so passed by the President is obviously an administrative in nature as the head of the State and it cannot be justiciable in the Court of law. Such power of the ..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ...... costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ......iction". 20. In the case of Ayesha Salahuddin vs. Chairman, Second Labour Court and another reported in 32 DLR (AD) 68 it has been held— "The jurisdiction in the nature of certiorari is exercised by the High Court Division to issue such writs where the subor..Category: Property Law | Date: | Hits: 32
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ...... Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ...... But, as a matter of fact, the said Khalilur Rahman alias Ibrahim Howlader predecessor of the plaintiff, never signed the power and the plaint; that he did not know anything about the suit; the signatures in the plaint and power were forged. After the death of Khalilur Rahman during pendency of ..Category: Property Law | Date: | Hits: 102
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
.... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......on of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......onformity with the requirement of section 26 of the said Act has been issued without lawful authority; that the appellant No.1 issued the impugned notice firstly, without ascertaining and stating the nature and extent of the pecuniary resources or property which were found in the possession of the r..Category: Anti-Corruption Laws | Date: | Hits: 144
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......s to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......C. Suit No. 109 of 1995 filed by the Government-appellants has been decreed ex-parte and under section 9 of the Code of Civil Procedure the Civil Courts have jurisdiction to try all suits of civil nature excepting suits the cognizance of which is either expressly or impliedly barred by any law. ..Category: Property Law | Date: | Hits: 46
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ......for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ......thin the stipulated period. 31. Since no consequence has been provided for the provisions both in Section 6A of the Criminal Law Amendment Act and Rule 19Ka of the EP Rules, 2007 are directory in nature and the Court shall not be become functus officio even after the expiry of stipulated period...Category: Civil Law | Date: | Hits: 125
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ...... Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......adjournment for ends of justice and in consideration of the facts and circumstances of the case passed an order of status quo directing the parties to maintain their respective possession as to the nature and character of the suit land. The plaintiff then filed violation Miscellaneous Case No. 28..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......sts. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......ted to the pattan or received the salami. The appellate Court also noticed that dakhilas produced by the plaintiffs in support of their case of taking pattan of the land in suit do not bear the signature of the Manager who, as claimed by the plaintiffs settled the land, that the scribe of the da..Category: Property Law | Date: | Hits: 24
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
.... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ......sed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ......ase we are of the view that the submissions made on behalf of petitioner are not well merited. 12. Before parting with matter we like to observe that of late tendency of serious nature which in no way conducive to good governance, is noticed in the conduct, behaviour as well ..Category: Property Law | Date: | Hits: 28
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