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Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....991 (Dhaka) Criminal Appeal No.87 of 1986 (Rangpur) Judgment Muhammad Ansar Ali J.- This appeal at the instance of the appellant Rajab Ali Zulfikar is directed against the judgment and order dated 27.2.86 passed by Mr. Abu Bakar Miyanjee, Sessions Judge, Kurigram in Special Case No.1 of 198......of the money with dishonest intention that will bring one within the mischief of the offence under section 409 or 405 of the Penal Code. In support of his submission the learned AAG has relied on two decisions, one in the case of State Vs. Abu Raza reported in 18 DLR (SC) 512 and another in the case..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
.... Writ Petition No. 4040 of 1992. Judgment Anwarul Hoque Chowdhury J.- This application under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against an order dated 22.10.92 Annexure ‘F’ passed by the Respondent Nos. 1 and 2 namely Justice MA Rouf, Chief ......Commission we find nothing to interfere in mandamus and we are also not sitting on appeal over that order. Further, this matter need have to be taken before the Appellate Division. We do not find the decision on this point, arrived at by the Election Commission, to be of any malice or mala fide but ..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....time the petitioner was subjected to various harassments from time to time, however, the respondent No. 1 vide Memo No. প্রমঃ/আঃ/সাঃবিঃপ্রঃ/০২/ডি৭৪৩০ dated 28‑9‑2002 (Annexure C) finally directed the Air Head Quarters to settle his pension claims......n connection with his claim of pension was being made ready, a false case has been instituted in connection with the purchase of Mig‑29 Fighter Planes. The learned Advocate further submits that the decision to purchase the said squadron of the fighter planes was taken by the highest level of the G..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....tion on laying a First Information Report with Sarishabari Police Station by Abul Kalam, uncle of deceased Rahima Khatun as informant leading to registration of Sarishabari Police Station Case No. 19 dated 24‑6‑1997. 3. The autopsy of the body of Rahima Khatun was performed by PW 7 Dr Md Mahm......Sessions Judge for imposing Death Penalty cannot but be termed to be unassailable. We do not see that any illegality, legal infirmity and miscarriage of justice had taken place and we concur with the decisions rendered by learned Additional Sessions Judge in imposing Death Penalty upon condemned pri..Category: Criminal Law | Date: | Hits: 75
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....ction 115(1) of the Code of Civil Procedure, was issued at the instance of the pre-emptees as petitioners, calling upon the preemptor opposite parties to show cause as to why the judgment and order dated 21‑5‑2000 passed by the learned Subordinate Judge, Additional Court, Narayanganj in Miscel......rwat Binte Islam on behalf of the petitioners, submits that in the instant case both the trial Court as well as the appellate Court did not at all consider the evidence on record in arriving at their decisions in the case. In elaborating his submission, the learned Advocate referring to the judgment..Category: Property Law | Date: | Hits: 98
Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
....es ‑ For the Opposite Parties. Civil Revision No.3207 of 1999. Judgment MA Wahhab Miah J.- This Rule issued calling upon the opposite parties to show cause as to why the judgment and order dated 26‑8‑99 passed by the District Judge, and Election Appellate Tribunal, Brahmanbaria in Ele......er. The petitioner having attained the age of 25 years as shown in the voter list he was qualified to be a candidate for the post of Chairman and people rightly elected him. 4. The Tribunal by its decision dated 24‑1‑99 dismissed the election petition on the finding, inter alia, that the peti..Category: Election Law | Date: | Hits: 156
....Writ Petition No. 51 of 1991.
Judgment
KM Hassan J.- This Rule Nisi was issued calling upon the respondents to show cause why the order passed under Memo No. 4 Sangsthapan‑26/80‑81/49 (48), dated 2‑1‑82 (Annexure-K) the signature of the District Manager (Fertilizer) BADC, Pabna and sub......e respondent No.5 by an order under Memo No.4‑Sangsthapan ‑26/80‑81/212(7), dated 5‑2‑81 placed the petitioner under suspension (Annexure‑C). The said order of suspension also contained a decision that the departmental proceedings would be brought against the petitioner. By another Memo,..
Category: Criminal Law | Date: | Hits: 78
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... Civil Revision No. 3446 of 1994. Judgment Sirajul Islam J.-This Rule section 115 of the Code of Civil Procedure, at the instance of defendant No.2 was directed against the judgment and decree dated 13-6-1994 and 29-6-1994 respectively passed by Addl. Dist. Judge, 2nd Court, Dhaka in title Ap......ourts below for the purpose of giving full relief as the Court thought just and proper under law and enquiry as per evidence of the case. 10. Mr. SR Paul in support of his contention referred to a decision in the case of S Sibtain Fazli Vs. Star Film Distributors and another reported in 14 DLR 30..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....20 of 1996 with Civil Revision No.250 of 1991. Judgment Mohammad Fazlul Karim J. - The first miscellaneous Appeal under section 35(3) of the Waqf Ordinance, 1962 arises out of an order dated 21‑10‑95 passed by the Additional District Judge, 1st Court, Sylhet in Miscellaneous Appea......rty for the last 10 years. Section 50 of the Waqf Ordinance reads as under: "Property or not shall be decided by the Administrator: Provided that the mutwalli or any person aggrieved by any decision or order of the Administrator in this behalf may, within three months from the date of such..Category: Trust/Waqf Law | Date: | Hits: 165
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....ling of nomination papers, scrutiny of nomination papers, withdrawal of nomination papers and lastly, holding the election on 1st of August, 1996. Retired Chief Justice Shahabuddin Ahmed being a candidate for the office of President filed nomination paper on 22‑7‑1996 and he has been declared el......office such an application of quo‑warranto is not maintainable. In that case Dr. Kamal Hossain appeared and argued in the similar line as Mr. Asrarul Hossain is arguing in the instant case. In that decision the Appellate Division considered that question of 'purporting to hold any office' and ulti..Category: Constitutional Law | Date: | Hits: 200
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No.298 of 2008. (From the judgment and order dated the 20th and 23rd days of March, 2008 passed by the High Court Division in Death Reference No.......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715...Category: Criminal Law | Date: | Hits: 81
....instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.4.
None represented-For Respondent Nos.1-3.
Civil Petition for Leave to Appeal No.2133 of 2010.
(From the judgment and order dated the 11th day of August, 2010 passed by the High Court Division in Writ Petition No.2750 of 200......lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
..
Category: Property Law | Date: | Hits: 48
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....tructed by Md. Nawab Ali, Advocate-on-Record -For Respondent No. 1. Not represented-For Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.1711 of 2010 (From the judgment and order dated the 2nd day of March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996......ithout the prayer for recovery of khas possession was not maintainable, but the appellate Court though last Court of fact totally failed to consider this finding of the trial Court in reversing its decision and the learned Judge of the High Court Division in a casual manner affirmed the finding of..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
.... instructed by M.G. Bhuiyan, Advocate-on-Record-For Respondent Nos.1-2. Not represented-Respondent Nos.3-5. Civil Petition for Leave to Appeal No.2671 of 2010. (From the judgment and order dated 05.10.2010 passed by the High Court Division in Civil Revision No.2294 of 2009.) Order ......he Additional District Judge, Nilphamary by the judgment and decree dated 21.5.2009. The Appellate Court allowed the appeal reversing the judgment and decree of the trial court making observation and decision to the effect that since admittedly, there was an agreement for sale of the land in questio..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
....ructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. None represented-For the Respondents. Civil Petition for Leave to Appeal No.106 of 2010 (From the judgment and order dated the 19th day of July, 2009 passed by the High Court Division, in First Appeal No.278 of 2003)....... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ..Category: Property Law | Date: | Hits: 72
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
....1 of 1998. Judgment Md. Abdur Rezzaque J. - This Rule at the instance of plaintiff petitioner was issued calling upon the opposite party Nos.1-3 to show cause as to why the impugned order No.57 dated 08.10.1998 passed by the learned Senior Assistant Judge, Sadar Court, Faridpur in Title Suit N......principle amendment as elicited in the above case as reported in 42 DLR at page-246 as applied in the instant case where appear that the learned trial Judge will get a opportunity to came to a proper decision after obtaining oral and documentary evidence as proposed amendment is allowed. In the fact..Category: Administrative Law | Date: | Hits: 199
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....tion under Article 102 of the Constitution a Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned action of RAJUK publishing auction notice in the Daily Sangbad dated 22.4.1999 inviting tenders from purchasers for sale of commercial plot no. 38-A at Gulshan Sec...... agreement and for violation o which they can redress their grievance in a proper forum of law but not under writ jurisdiction since no legal right or interest, has accrued upon them to challenge the decision of RAJUK with regard to auction of property owned by RAJUK. It has also be stated that in t..Category: Property Law | Date: | Hits: 135
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....'s direction as per Shahadutullah's Commission report, which the Jute traders as to interest, multiplied the interest till the filing of the suit. The defendant also stated that the alleged agreement dated 13.6.85 between the plaintiff Bank and the defendant being violative of the Government Regulat...... is always excluded in computing the limitation during which the parties conducted the case in a wrong forum in good faith. This is the law and in support of this contention he has also referred to a decision reported in 36 DLR page 136. He has further submitted that in the instant case the impugned..Category: Procedural Law | Date: | Hits: 111
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
.... paid each month as charter fee. A further stipulation was that the opposite party No.1 was to pay the full amount of monthly charter fu for the first 7 months of the charter year commencing from the date of delivery of the vessel which was to be used for business purpose and shall remain under the ......vessel in question was given in the jimma of the present opposite party No.3 with a condition that the order in respect of the vessel may be obtained from the Civil Court. The question that falls for decision is whether the vessel after being given to the jimma of the opposite party No.3 by an order..Category: Civil Law | Date: | Hits: 97
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....te ‑ For the Opposite Parties. Civil Revision No.882 of 1986. Judgment Abdul Hasib J.- This Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 21.7.86 passed by District Judge, Munshiganj in Miscellaneous Appeal No.6 of 1985 affirming th......hin the three decrees of consanguinity. 5. Mr. Gholam Rabbani, the learned Advocate appearing for the pre‑emptor petitioner, submits that both the Courts below committed an error of law in their decisions occasioning failure of justice in dismissing the pre‑emption case on the ground that the..Category: Property Law | Date: | Hits: 75
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