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State Vs. Md. Rafique, 2007, 36 CLC (AD)
....ommuting the sentence to imprisonment for life from sentence of death. He then submitted that the High Court Division failed to consider that the confessional statement of the petitioner being legal and voluntary having corroborated by other direct and circumstantial evidence the High ......at the submissions of the learned Advocate for the petitioner have got no merit. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 177. ..Category: Criminal Law | Date: | Hits: 22
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....alance amount would be paid in 6 equal monthly installments. The accused-appellant failed to keep his commitment as per the undertaking and thereupon the informant through lawyer served a legal notice on May 11,1998 and the accused-appellant replied to the legal notice denying the payme......erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ..Category: Criminal Law | Date: | Hits: 32
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)
....he suit land and if the execution case is allowed to proceed the same will amount to violation of the order of status quo and that Rule was issued in Civil Revision No.4120 of 2006 to consider legality of order 8.8.2006 and 27.9.2006 by which the learned District Judge had adjourned hearing&......9.2005 prayed for temporary injunction for restraining the respondent Nos. 1 and 2 from entering into possession of the suit land and by order dated 13.9.2005 the parties were directed to maintain status quo with respect to the suit land but in October, 2005, the respondents Nos.1 and 2, disrega..Category: Property Law | Date: | Hits: 18
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
....sistant Judge, Phultala for declaration that the auction dated 04.01.1983 in the certificate Case No.90/81-82 held by the then C.O. Revenue, Daulatpur Circle, Phultala, is collusive, fraudulent, illegal, void and not binding upon plaintiff stating, inter alia, that the property measuring an area...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ..Category: Property Law | Date: | Hits: 26
Salah Uddin Shoaib Choudhury Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
.... 2. The facts, in short, are that the petitioner is a Journalist, peace activists in Bangladesh and the Editor, Weekly Blitz. He brought this action to perform his public duty to protect present legal system as enshrined in Article 21 of the Constitution of the People's Republic of Bangladesh ......n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ..Category: Criminal Law | Date: | Hits: 43
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....e delivery of possession of the land within the time and thus the respondent No.1 acquired a vested right to the allotted land and as such the impugned memo canceling the allotment is illegal, arbitrary and without jurisdiction. 3. The appellant as respondent in the writ petition, fi......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ..Category: Property Law | Date: | Hits: 28
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
....1988 making the Rule absolute and thereupon declaring that the property in question has been listed in the "khas list of the abandoned buildings without lawful authority and the same is of no legal effect and that made further direction to the Government to exclude the property from the lis...... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ..Category: Property Law | Date: | Hits: 29
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
....005 of a Division Bench of the High Court Division in Writ Petition No.7981 of 2002 making the Rule absolute and thereupon declaring the removal of the writ petitioner, herein respondent No.1, not legal and also making direction to instate the writ petitioner in the service. 2. The writ p......ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ..Category: Employment/Service Law | Date: | Hits: 408
Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)
....ot; and thereupon set aside the order of dismissal on the finding that the said order of dismissal in respect of the respondent No.1 herein i.e. petitioner before the Administrative Tribunal was illegal, void, without jurisdiction and thereupon made the direction to the following effect "O.......ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ..Category: Administrative Law | Date: | Hits: 96
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....assed the impugned order on consideration of reply of the petitioner and the Rules thereunder. So the impugned order passed by the authority in accordance with law and the same does not suffer from legal infirmity. 7. It appears from the record that 11 members of the concerned Union Parish......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 32
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....ed order dated 21.01.1996 (Annexed as Annexure-A to the Writ Petition No.2727 of 2000) passed by the respondent No.1 shall not be declared to have been passed without lawful authority and is of no legal effect and or such other or further order or orders passed as to the High Court Division may ......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ..Category: Property Law | Date: | Hits: 37
Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. 9. The learned Advocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This C......ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ..Category: Property Law | Date: | Hits: 21
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
.... 13 of 2005. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct 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 any interference......d order dated 14.12.2005 of the High Court Division disposing First Miscellaneous Appeal No. 258 of 2005 along with the Civil Rule No.856 (P.M.) of 2005 with a direction to the parties to maintain status quo in respect of possession of the suit land till disposal of the Title Suit No.13 of 2005 ..Category: Property Law | Date: | Hits: 27
Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)
....of the properties left by late Mubarak Ali effected by his heirs in the year 1940 which was subsequently embodied in a deed of partition in the year 1970 by all the heirs and successors was valid, legal, effective and binding upon the defendants Nos.1-17. 3. The defendant Nos. 9-16 contes......cogent ground to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ..Category: Property Law | Date: | Hits: 21
Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)
....e Constitution and the proceedings of Artha Rin Suit No.315 of 2004 now pending before the Artha Rin Adalat, 2nd Court, Dhaka shall not be declared to be without lawful authority and was of no legal effect and/or such other or further order or orders passed as to this court may seem fit and......ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ..Category: Civil Law | Date: | Hits: 80
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
....ion that a letter under memo No.105/86-88-9420 dated 05.01.1989 issued by the defendant respondent No.1 herein refusing to return the land described in the schedule of the plaint to them is illegal, void etc. and that the plaintiffs are entitled to get back the schedule land @ Tk.712/- per ......to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ..Category: Property Law | Date: | Hits: 26
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and othÂers, 2007, 36 CLC (AD)
....price of the item in question had been collected and taken into consideration and as such the impugned fixation is liable to be declared to have been made without lawful authority and is of no legal effect. He then submits that the High Court Division erred in law in not holding that th......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
.... a letter from the office of the Dhaka Cantonment requesting him for his opinion for allotment of the plot in the joint name with his wife by a letter dated 28.06.1994. He replied that there would be legal difficulties in joint allotment and therefore, refused the proposal for joint allotment with h......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....r acquisition of a property under section 5(1) of the Ordinance such decision is conclusive evidence that the property is needed for a public purpose or in the public interest. In this view of the legal position and when it could not be established by the writ petitioners that payment of compens......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ..Category: Property Law | Date: | Hits: 42
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....emedy is provided by law. 47. In the present case, since the infliction of death penalty on the condemned prisoner appeared to be inequitable and unjust the High Court Division was under a legal obligation to commute the death sentence to one of imprisonment for life in exercise of its in......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
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