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Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)

.... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ......re in jail last for 6(six) years, as has been submitted, appears to be too severe, having regard to the facts and cir­cumstances of the case and the overt-act on the part of the review petition. The application of provisions of Sections 326 and 307 of the Penal Code has not been considered in their..

Category: Criminal Law | Date: | Hits: 45

Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and oth­ers, 2009, 38 CLC (AD)

....ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ......filed by the petitioner and other defendants, was dismissed by the judgment and decree dated 31.10.2000, passed by the Joint District Judge, Court No. 1, Rangpur. As such, they preferred a revisional application before the High Court Division in Civil Revision No. 76 of 2001 but after hearing, the R..

Category: Property Law | Date: | Hits: 21

Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)

....ch circumstances, the con­tentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ......om the judgment and order dated 24.02.2008 passed by the High Court Division in Civil Revision No. 3629 of 2004) Judgment ABM Khairul Haque J. - This is a petition for leave to appeal with an application for condonation of delay in respect of the judgment and order dated 24.02.2008, passed b..

Category: Limitation Law | Date: | Hits: 181

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2009, 38 CLC (AD)

....e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ......udgment Md. Abdul Matin J. - This petition for leave to appeal is directed against order dated 16.04.2009 passed by the High Court Division in Election Petition No.8 of 2009 keeping in record the application under Article 58(a) of the Representation of People's Order, 1972 read with Section 151 ..

Category: Election Law | Date: | Hits: 116

Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)

.... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......on for Leave to Appeal No. 1431 of 2009. (From the judgment and order dated 11.05.09 passed by the High Court Division in Civil Revision No.57 of 2003) Order B. K. Das J. - This application for leave to appeal is directed against the judgment and order dated 11.5.09 of a learne..

Category: Property Law | Date: | Hits: 43

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......dant-petition­er is null and void and for a further decla­ration that the pre-emptor and his mother are not co-sharers in respect of the case-land. Thereafter, the pre-emptee respon­dents filed an application on 11.7.93, praying for staying the further proceed­ings of the said Pre-emption Miscel..

Category: Property Law | Date: | Hits: 27

Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)

....ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ......by an order dated 27.3.1975 the operation of the ex parte decree was stayed but the appellant in spite of the aforesaid order of stay, evicted the defendant from the suit property. Thereafter, on the application of the defendant, the Court by its order dated 30.8.1980, directed the appellant to hand..

Category: Civil Law | Date: | Hits: 105

Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

....ion Commission, the tribunal was re-constituted with M. Habibur Rahman, J (Chairman), Dr. M. Zahir and M. Amir-Ul Islam. The arbitration tribunal after being reconstituted decided to hear the matter afresh as two of its members being subsequently appointed, they were not aware of the contents of the......ated 08.04.2006 passed by the Arbitration Tribunal in an arbitra­tion proceeding held between the Saudi Arabian Airlines Corporation and M/S. Saudi Bangladesh Service Company Limited by allowing the application filed by the respondent under Section 42 read with Section 43 of the Arbitration Act, 20..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)

....dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ...... an order writing to the Government for sanction as out of 10 accused 6 were public servants fixing 25.11.2001 for further order. On 25.11.2001 the District Anti-Corruption Bureau, Sunamganj filed an application praying for time for submitting the order of sanction and the case was accordingly fixed..

Category: Criminal Law | Date: | Hits: 46

Provat Kumar Das Vs. Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another, 2009, 38 CLC (AD)

....with law and no interference is called for. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113. ......led property through auction. The decree holder bank, having taken step for auction sale of the property and there being no response, prayed for civil imprisonment of the judgment-debtor by filing an application under Section 34 of the Artha Rin Adalat Ain, 2003 and the executing court by its order ..

Category: Civil Law | Date: | Hits: 121

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......1 of Article 192 of the Indian constitution) requires is that a question should arise; how it arises, by whom it is raised, in what circumstances it is raised, are not relevant for the purpose of the application of this clause’. In para 13 it is further held. "Then as to the argument based on the ..

Category: Constitutional Law | Date: | Hits: 171

Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)

.... ......ol Rema, Assistant Attorney General and Nazibur Rahman, Assistant Attorney General…For the Respondents Writ Petition No. 10002 of 2007. Judgment Md. Nuruzzaman J.- This is an application under Article 102 of the Constitution upon which instant Rule Nisi was issued calling up..

Category: Employment/Service Law | Date: | Hits: 106

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

....is not an of­fice and therefore the definition given by Black is inapplicable in the case of a mere member resigning from his political party. Mr. Moudud Ahmed submits that Article 70 need not give afresh a fictional meaning to the word "resign" as has been done in the case of voting in Parliament ......nstitution. By the Constitution (Twelfth Amendment) Act, 1991 (Act XXVII of 1991) the said Article stands further substituted as quoted above with effect from 18.9.91. The Expla­nation gives a wider application to the act of voting in Parliament against the party, but does not extend or curtail the..

Category: Constitutional Law | Date: | Hits: 138

Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)

....ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ...... Court Division in Criminal Miscellaneous Case No.1950 of 2008 issuing Rule with stay and subsequent extension dated 08.04.2009. 2. The facts, in short, are that the respon­dent No.1 filed an application for quash­ing the judgment and order of conviction and sentence dated 14.05.2008 passed..

Category: Others | Date: | Hits: 106

State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)

....ion is accordingly discharged and the respon­dents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ......he High Court Division at Dhaka apprehending that they may be arrested any physically humiliated and harassed by the police and they could come all the way to Dhaka to move the High Court Division an application under section 498 and obtained ad interim antici­patory bail. 5. We simply fail ..

Category: Others | Date: | Hits: 61

Md. Shamser Ali another Vs. Md. Shahajahan Ali and others, 2009, 38 CLC (AD)

....rejected up to the High Court Division with good reasons. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 343. ......titioner instituted the suit for eviction of the petitioner from the suit premises in 1996. The suit was, on trans­fer, renumbered as S.C.C. Suit No. 02 of 2002. In that suit the petitioner filed an application for accepting his written state­ment in substitution of the previous state­ment which ..

Category: Procedural Law | Date: | Hits: 92

Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)

.... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ...... for Tk. 1,90,11,342.00. The defendant No. 3, the petitioner herein, filed a written statement on 01.04.2008, denying all material averments and also prayed for dismissal of suit against her. Another application under Order 1 Rule 10(2) of the Code of Civil Procedure, was also filed on her behalf on..

Category: Banking Law | Date: | Hits: 77

Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)

....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......igh Court Division, on the prayer of the defendant-petitioner the volume was called for but the same did not tally with the certified copy of the Heab-bil-ewaz. As such, the petitioners filed another application pray­ing for calling the concerned volume con­taining the deed of Heba-bil-ewaz execut..

Category: Property Law | Date: | Hits: 19

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....versed the judgment and decree of the trial court. 8. This petition merits no consideration which is dismissed with the observation that the plaintiff-petitioner will be at liber­ty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. E......-petitioner will be at liber­ty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ..

Category: Property Law | Date: | Hits: 18

Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)

....rived at a correct decision. We, there­fore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ......tional District Judge being the last court of facts should have proper­ly considered the oral and documentary evidence on record and thereby committed error of law in dismissing the appeal with­out application of judicial mind. He fur­ther submitted that having regard to the fact that the suit la..

Category: Property Law | Date: | Hits: 25