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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. ......rsons to the local leading people who came to the spot and thereafter the victim was removed to Manikgonj Sadar Hospital at about 5.00 A.M. for treatment. The police on investigation submitted charge sheet and cognizance was taken. 3. Perused the judgments passed by the learned Assistant Ses..Category: Criminal Law | Date: | Hits: 45
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....nd) out of total consideration of Tk. 34,500/- (Taka thirty four thousand five hundred). It had been stipulated therein that he would execute a sale deed in favour of the plaintiffs on receipt of the balance amount after mutating the suit property. As per terms of the agreement the plaintiffs reques......low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ..Category: Property Law | Date: | Hits: 17
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....Md. Ali in the case-land, was not a co-sharer, would not help the pre-emptor in his pre-emption case. The pre-emptor in order to obtain the pre-emption of the case-land has to prove his case on the balance of probabilities on its own merit and is not entitled to depend on the findings of the Court......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. ..Category: Property Law | Date: | Hits: 27
....p the claimant had to undertake to mitigate further loss as per section 73 of the Contract Act) terminated the GSA Agreement on the ground of default under Article XI of the agreement by claiming the balance outstanding sum of Tk.32,27,50,566.51 (Taka thirty two crore twenty seven lacs fifty thousan......ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
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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. ......6(5) of the Criminal Law Amendment Act, 1958 considering that sanction was deemed to have been obtained to prosecute the accused public servants. The learned Advocate further submitted that the order sheet of the proceeding showed that the Court directed to accord sanction on 12.09.2001 and the Gove..Category: Criminal Law | Date: | Hits: 46
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....mandate from the people and (iii) party discipline which prohibits floor crossing and malpractices on the ground that the government will be estabilised. The learned Attorney General submitted that a balance should be drawn on all the three issues. Language has been given by the makers of the consti......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. ..Category: Constitutional Law | Date: | Hits: 171
Md. Sajjad Hossain Vs. State, 2009, 38 CLC (AD)
....volvement of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ......e neck and as a result Mothahar died and accused persons also caused injuries on the witness and took away goods worth Tk.30,000/-. 3. The police investigated into the case and admitted charge sheet against 36 persons under Sections 147/148/447/323/324 /302/379/114 of the Penal Code. ..Category: Others | Date: | Hits: 66
State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)
....nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ......ion after preparing inquest report. Thereafter he recorded the statements of the witnesses under Section 161 of the Code of Criminal Procedure and collected postmortem report and submitted charge sheet against the accused persons under Sections 147/148/447/4487 323/379/380/114/302 of the Penal..Category: Criminal Law | Date: | Hits: 294
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. ...... the Anti-Corruption Commission, head Office, issued a sanction in favour of one Mr. Md. Aftab, Deputy Assistant Director, Anti-Corruption Commission, Head Office, Dhaka for submitting the charge sheet against the respondent in the said case. 8. Thereafter on 14.02.2008 a charge sheet was..Category: Others | Date: | Hits: 106
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......n Police Station Case No. 30 dated 13.06.2007 which was subsequently recorder as A.C.C. G. R. Case No. 46 of 2007. The investigation officer, after completion of the investigation, submitted charge sheet being charge sheet No. 600 on 02.10.2007 against respondent amongst others for committing of..Category: Others | Date: | Hits: 98
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....n 30 of the S.A.T. Act, he had been delaying to complete the transaction with false pleas. In January, 2000 the said defendant Nos.10 and 11 proposed him to execute the deed of sale on receipt of the balance amount of money but he finally refused to execute the sale deed in their favour and hence th......-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
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....a contract for sale of the said land with the plaintiff at a consideration money of Tk.36,000/- out of which he received Tk.7,000/- as earnest money on 9th September, 1994. It was stipulated that the balance money of Tk. 29,000/- would be paid within 9th December, 1994 and the father of the defendan......arrived 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) 324. ..Category: Property Law | Date: | Hits: 26
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... notice the respondent No.1 Md. Selim Hossain offered a sum of Taka 8,08000/-and deposited a sum of Taka 2,20,000/- by pay order, which offer was accepted. The Executing Court directed him to pay the balance amount by 25th September, 2005. As per direction of the Executing court, the respondent No.1...... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dismissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ..Category: Property Law | Date: | Hits: 28
State Vs. Shahin and others, 2009, 38 CLC (AD)
....nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......the victim deteriorated, took the victim to Dhaka Medical College Hospital at about 12.45 hours where the doctors operated on the body of the victim. The police, after investigation, submitted charge-sheet against the respondents and other accuseds under section 302/34 of the Penal Code. After rec..Category: Others | Date: | Hits: 93
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......the High Court Division committed an error of law contrary to Article 35(1) of the Constitution in failing to consider that some of the alleged acts relied upon in the first information report charge sheet and the charge frame order of the trial Court, were committed between 1971 and 9-5-2004 i.e. b..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
....failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......necessary arrangement to record the confessional statements of 2(two) accuseds under Section 164 of the Code of Criminal procedure. Thus, having completed the investigation, he submitted the charge sheet against 7(seven) persons including the accused appellants being charge sheet No.101, dated 06...Category: Others | Date: | Hits: 63
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......caught his mother and bound the neck of his mother by napkin. After sometimes the victim died. Thereafter Hanif looked for victim Sadia alias Sufia alias Safia and by torch light found her under a bedsheet and forcefully took her away from there and the convicts Hanif, Mannan and Hannan by pressing ..Category: Others | Date: | Hits: 83
....dvance. The appellant and other shop keepers paid the salami against receipts. Thereafter the City Corporation fixed the salami for a shop room at Tk. 1,50,000/- and asked the shop keepers to pay the balance amount by 5 equal installments of Tk. 25,000/- each. The appellant and other affected shop k......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
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Category: Property Law | Date: | Hits: 29
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....sideration amount at Tk.22,54,600/- and thereby the defendants suffered a loss of Tk.58,400/- and the prayer for injunction is liable to be rejected as the plaintiff has no prima-facie case and the balance of convenience, is also not in favour of the plaintiff. 7. On 11.10.2005 the plaintif......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ..Category: Property Law | Date: | Hits: 20
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....Md. Yousuf would continue to pay rent till Kabala is registered; that thereafter, plaintiffs/respondents father paid a further sum of Tk. 11,000/- in two installments to the said Attorney leaving a balance of Tk. 1000/- that balance amount was refused by the attorney on tender by the plaintiffs/re......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ..Category: Tenancy Law | Date: | Hits: 185
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