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Mahabur Sheikh alias Mahabur Vs. State, represented by the Deputy Commissioner, Narail, 2014, 43 CLC (HCD)

....n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 54. ......2003 against the accused Mahabur Sheikh under section 11 (Ka) of the Nari-o-Shishu Nirjatan Daman Act, 2000 and the accused remained absconding. 4. The case record was transmitted to the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Narail, who took cognizance of the offence under secti..

Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15

Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)

....ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179     ......f 2013. Judgment FRM Nazmul Ahasan J.—This rule was issued calling upon die opposite parties No. 1 to show cause as to why the judgment and order dated 9-6-2013 passed by the District Judge, Kishoregonj in Miscellaneous Appeal No.122 of 2009 allowing the prayer for temporary injuncti..

Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0

State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)

....nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......f 2009) Death Reference No. 133 of 2008 With Criminal Appeal No. 8657 of 2008 and Jail Appeal No. 30 of 2009. Judgment Quamrul Islam Siddique J. — The learned Sessions Judge, Rajshahi referred this matter of death sentence for confirmation under section 374 of the Cod..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15

Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)

....se of the peti­tioner. We find no merit in the contention of the learned counsel. The petition is accordingly dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......lice report and since there is no allegation against him in the FIR, there is practically no legal evidence to substantiate the charge brought against him. He further submits that the learned Special Judge made discrimination in considering the case of the petitioner, inasmuch as, on the basis of se..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4

Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114   ......ance of the convict appellant under section 10 of the Criminal Law Amendment Act, 1958 has been directed against the judgment and order of conviction and sentence dated 4-3-2010 passed by the Special Judge, 4 Court, Dhaka in Special Case No. 2 of 2009 arising out of Fatulla Police Station Case No. 2..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8

Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)

.... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251           ...... imposition of punish­ment upon the petitioner in the departmental pro­ceeding was illegal in view of section 25(1) of the Government Servants (Discipline and Appeal) Rules, 1985. The learned Judge of the Administra­tive Tribunal by his impugned judgment and order declared the impugned o..

Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4

Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)

.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243   ......ted 5-7-2004 passed by the High Court Division in Civil Revision No. 4041 of 1999 mak­ing the rule absolute setting aside the judgment and decree dated 14-9-1999 passed by the Additional District Judge, Bagerhat in Title Appeal No. 282 of 1994 affirming the judgment and decree dated 6-10-1994 pa..

Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11

Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)

....stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......cording to the author, Justice GP Singh, the usual reason for passing a declaratory Act is to set-aside what Parliament deems to have been a judicial error whether in the statement of the common law (Judge made law) or in the interpretation of statutes [see Justice GP Singh, Principals of Statutory ..

Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11

ECOM Agroindustrial Corporation Ltd. & another Vs. Mosharaf Composite Textile Mills Ltd, 2014, 43 CLC (HCD)

....hrough arbitration expeditiously. The order of injunction granted earlier by the trial Court is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 330   ...... Civil Revision No. 1280 of 2014 Judgment Sharif Uddin Chaklader J.— This Rule was obtained by the defendants against Order No. 29 dated 22-1-2014 passed by the learned Joint District Judge, 1st Court, Dhaka in Title Suit No. 73 of 2012 rejecting the application filed under Order VII..

Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7

Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)

....ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315.           ......r dated 16-10-2001 passed by the High Court Division in Civil Revision No.3271 of 1997 discharging the rule and thereby affirming the judgment and order dated 24-6-1997 passed by the learned District Judge, Pirojpur in Miscellaneous Appeal No.5 of 1997 reversing those dated 4-2-1997 passed by the le..

Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22

Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)

..... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61   ......lead to loss of lives between the parties; therefore, the appellant as petitioner filed an application for appointment of a receiver in respect of the litchi bagan. 2. The learned Joint District Judge, 2nd Court, Pabna having taken up the matter, heard both sides i.e. preemptee and pre-emptor o..

Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3

Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)

.... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381     ......f the Government Servants (Discipline and Appeal) Rules, 1985, that is, misconduct and corruption. It was stated in the charges that while performing the functions as Additional District and Sessions Judge Thakurgaon, he acquitted or enlarged the accused persons of bail in Session Case No.49 of 1999..

Category: Administrative Law | Date: 19 May, 2014 | Hits: 3

Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)

..... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ......sp;  Md. Emdadul Huq J.- Subject matter of the two Revisions: These two Civil Revisions arose from the same judgment and decree dated 3-4-2011 by which the learned Joint District Judge, 2 Court, Naogaon partly allowed Family Appeal No. 65 of 2010 and thereby modified the judgmen..

Category: Women and Children | Date: 19 May, 2014 | Hits: 29

Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)

....sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315.     ......r dated 16-10-2001 passed by the High Court Division in Civil Revision No.3271 of 1997 discharging the rule and thereby affirming the judgment and order dated 24-6-1997 passed by the learned District Judge, Pirojpur in Miscellaneous Appeal No.5 of 1997 reversing those dated 4-2-1997 passed by the le..

Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7

Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)

.... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ......y for disposal of these Civil Petitions for Leave to Appeal are as follows: The present petitioner along with three others instituted Title Suit No.705 of 2005 in the 3rd Court of Joint District Judge. Comilla against the opposite parties for partition of the suit land described in schedule to ..

Category: Property Law | Date: 12 May, 2014 | Hits: 6

State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)

....ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ...... 3-8-2010 passed by the High Court Division in Criminal Appeal No.5250 of 2009 allowing the appeal and setting aside the judgment and order of conviction dated 20-8-2008 passed by the learned Special Judge, Tenth Court, Dhaka under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004..

Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8

Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)

....l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ..

Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5

Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)

....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215.   ......Me Maheri 1987 AC 625). 44. Lord Denning MR, who, according to Lord Devlin, nurtured the conception that justice is above the Law (Lord Devlin's Foreword for the book "Lord Denning: The Judge and the Law, Edited by JL Jowell & JPWB Me Anslan) figured the most robust expression agai..

Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20

Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)

....t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ...... Md. Khasruzzaman J.— This first appeal has been preferred by the plaintiff against the judg­ment and decree dated 4-7-2013 (decree signed on 8-7-2013) passed by the learned Joint District Judge, 1s Court, Dhaka, in Title Suit No. 838 of 2012 rejecting the plaint under Order VII, rule 11 ..

Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6

Parul Nath and others Vs. State, 2014, 43 CLC (AD)

....urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......t did not file any naraji petition against the said final report. An offence under the Act, 1974 being exclusively cognizable by a Special Tribunal, final report was sent to the Metropolitan Sessions Judge, Chittagong, ex-officio Metropolitan Special Tribunal No.1, Chittagong (hereinafter referred t..

Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8