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Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)

....egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......ch of the High Court Division in Civil Revision No. 3023 of 1994 making the Rule absolute and there by setting aside the judgment and order dated 16.08.1984 passed by the learned Addition district Judge, 4th Court, Comilla in Miscellaneous Appeal No. 85 of 1992 reversing the judgment and order d..

Category: Procedural Law | Date: | Hits: 84

Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)

....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......g the rule absolute setting aside those dated 20.6.1993 of the Court of appeal below passed in Miscellaneous Appeal No.12 of 1989 affirming those dated 28.2.1989 passed by the Court of Subordinate Judge, Narsingdi in Preemption Miscellaneous Case No.28 of 1985. 2. The facts leading to the..

Category: Property Law | Date: | Hits: 30

Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)

.... peri­od of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ......ve is against judgment and order dated 4.5.1999 passed by the High Court Division in crim­inal Appeal No. 1933 of 1993 upholding the convic­tion and sentence passed by the learned Sessions Judge, Rajbari in Session Case No. 1 of 1993 con­victing the sentencing the appellants to suffe..

Category: Criminal Law | Date: | Hits: 78

Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)

....officer to conduct the polling. Sub-section (16) provides that at the close of the voting the presiding Officer shall count the votes cast for the candidates and Sub-Section (17) provides that the Presiding officer shall prepare a report of the votes received by each can­didate and the votes...... "That in view of the existence of the statutory provisions of filing election petition as provid­ed in Article 46(17)(ii) of the first statute, the Dhaka University the learned Judges of the High Court Division committed an error of law in passing the impugned judgment and o..

Category: Civil Law | Date: | Hits: 98

Arun Karmakar Vs. State, 2002, 31 CLC (AD)

....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ...... appropriate case when it is found that the victim has been illegally and improperly kept under confinement under the garb of judicial custody when she is a minor on the order of the learned Sessions Judge and as such the said confinement is on the very face of it is illegal, (ii) whether a detune w..

Category: Criminal Law | Date: | Hits: 34

Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)

....asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ...... No. 5980 of 1998. The appellant was convicted under section 385 of the Penal Code in Special Tribunal Case No. 826 of 1994 arising out of Pallabi P.S. Case No. 6(5)794 by the Senior Special Tribunal Judge, Court No. 1, Dhaka no 30.03.1995 and sentenced him to suffer rigorous imprisonment for 7 year..

Category: Criminal Law | Date: | Hits: 47

Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)

....ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ...... 2. The short fact leading to this appeal is that respondent as plaintiffs earlier instituted Other Class Suit 1977 against the present appellants and others in the Fist Court of Subordinate Judge, Chittagong for declaration of their right of perma­nent tenancy in the suit land with a ..

Category: Property Law | Date: | Hits: 31

Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)

....991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......dure. The High Court Division rejected appli­cation summarily. The appellants moved the High Court division against the judgment and order dated July 9, 1995 of the Court of additional Sessions Judge, Kushtia, passed in Criminal Revision No. 51 of 1995 dismissing the same. The said revision-..

Category: Criminal Law | Date: | Hits: 34

Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)

....eal is allowed on modi­fication of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ......994 of a Single Bench of the High Court Division in Criminal Revision No. 1512 of 1992 discharging the Rule obtained against the judgment and order dated September 30, 1992 of the Court of Sessions Judge, Dinajpur in Criminal Appeal No.102 of 1991 dismissing the same, the criminal Appeal was fil..

Category: Criminal Law | Date: | Hits: 35

Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)

....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ...... and order dated 03.08.2004 passed by the High Court Division in First Appeal No.219 of 2003 allowing the appeal setting aside the judgment and decree dated 20.02.2003 passed by the Joint District Judge, 1st Court, Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the..

Category: Property Law | Date: | Hits: 40

State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)

....signed by the learned Advocate for the petitioner merits no con­sideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......shy;ing the appeal (Heard analogously with Criminal Appeal No. 811 of 1990) thereby setting aside the judgment of conviction and sentence dated 07-07-1990 passed by the learned Additional Sessions Judge, Tangail in Sessions Case No. 56 of 1987 convicting the accused-appellant under Sections 364 ..

Category: Criminal Law | Date: | Hits: 36

Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)

....tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 260. ...... Additional District Magistrate, Satkhira and by judgment 04.06.1995 convicted the accused petitioner. Being aggrieved, he pre­ferred Criminal Appeal No. 28 of 1995 before the learned Sessions Judge, Satkhira and the appellate Court after hearing dis­missed the appeal by judgment and ord..

Category: Criminal Law | Date: | Hits: 38

Misir Ali and another Vs. State, 2007, 36 CLC (AD)

....shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......d 19.11.2003 passed by the High Court Division dismissing the Criminal Appeal No.878 of 1994 upholding the judgment and order of conviction and sentence dated 25.06.1994 passed by learned Sessions Judge and Special Tribunal. Hobiganj in Special Tribunal Case No.22of 1994. 2. The facts, in..

Category: Criminal Law | Date: | Hits: 36

State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)

....ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......nal Appeal No. 20 of 1990 acquit­ting the respondents and dismissing Criminal Appeal No.20 of 1990 which arose out of Sessions Case No.3 of 1989 of the Court of the learned Additional Sessions Judge, Kushtia wherein respondents were found guilty of the charge under Sections 302/34 of Banglad..

Category: Criminal Law | Date: | Hits: 84

M. Tofazzal Ahmed Vs. Jashim Uddin Haydar Faruque, 2007, 36 CLC (AD)

....ate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ......er dated 30.08.2005 passed by the High Court Division in Civil Revision No. 51 of 2004 making the Rule absolute setting aside the judgment and order No. 16 dated 30.10.2003 passed by the Additional Judge, 2nd Court, Chittagong in Miscellaneous Appeal No. 276 of 2002 affirming of those dated 30.0..

Category: Trust/Waqf Law | Date: | Hits: 210

Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)

....any cogent reason to differ with the judg­ment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......sed by the High Court Division in Civil Revision No. 1810 of 2005 making the Rule absolute. 2. Short facts are that plaintiffs instituted Title Suit No. 324 of 1999 in the Court of Assistant Judge, 2nd Additional Court, Dhaka for restraining the defendants from trespassing into the suit l..

Category: Property Law | Date: | Hits: 22

Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)

....rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......urt Division in Civil Revision No. 3214 of 1997 making the Rule absolute. 2. Short facts are that the plaintiff institut­ed Title Suit No.76 of 1992 in the Court of Additional Assistant Judge, 1st Court, Gazipur for declaration of title, stating, inter alia, that an area of 2 acres of..

Category: Property Law | Date: | Hits: 34

Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)

....fers legal infirmity and is liable to be set aside. The appeal is therefore allowed with­out any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ......d 24.6.1999  passed by the High Court Division in Civil Revision No. 1482 of 1996 making the rule absolute and thereby reversing the judgment and decree dated 29.07.1987 passed by Subordinate Judge, Shariatpur in Title Appeal No.160 of 1986 allowing the appeal and there by setting aside the..

Category: Property Law | Date: | Hits: 25

Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)

....are of the opinion that the appeal has got no merit and accordingly, the same is dis­missed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......order dated 21.5.2001 passed by the High Court Division discharging the rule in Civil Revision No. 448 of 2000 filed against the judgment and decree dated 25. 08. 1999 passed by Additional District Judge, 5th Court, Dhaka, in Title Appeal No. 333 of 1999 reversing those dated 31.05.1999 of the A..

Category: Property Law | Date: | Hits: 24

Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)

....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: VI ADC (2009) 229. ......Division in Civil Revision No.3195 of 1998 making the Rule absolute.  2. Short facts are that the plaintiffs instituted Title Suit No. 269 of 1966 in the Court of Munsif(now Assistant Judge), Borolekha, Moulvibazar impleading one Abdul Huque the predecessor in interest of the presen..

Category: Property Law | Date: | Hits: 23