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Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
....ed by the Joint District Judge in a suit the valuation of which is Taka 3,77,61,225 and the said Bench in view of the conflicting decisions given by other Benches referred the matter to the learned Chief Justice to constitute a Full Bench in accordance with the provisions of Rule 4 of the Chapter...... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ...... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ..Category: Civil Law | Date: | Hits: 77
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... the present case. However, it appears to us that in the instant case, the decision as given in the case reported in 51 DLR is more applicable. In that case, the specific question of posting of Chief Metropolitan Magistrate without consultation of the Supreme Court was raised and the argumen...... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......remedy under Article 102(1) inasmuch as the impugned 'Government Servants (Discipline and Appeal) Rules, 1985 was promulgated by the President after consultation with the Bangladesh Public Service Commission under Articles 133 read with 140(2) of the Constitution. The learned Counsel further sub..Category: Employment/Service Law | Date: | Hits: 62
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ..Category: Anti-Corruption Laws | Date: | Hits: 88
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ..Category: Criminal Law | Date: | Hits: 48
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....le allowing the case held that the Respondent herein is entitled to get seniority in the service from October 19, 1977 and that she is entitled to be considered for promotion to the post of Deputy Chief prior to her juniors Opposite Party Nos.3 and 4, before the Tribunal, "subject to final ......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......ibunal or by this Division. In that view of the matter the application is dismissed. 7. The application for addition of party filed by Mrs. Zinaida Irfath, Joint Chief, Crops Wing, Planning Commission, Sher-e-Bangla Nagar, Dhaka is rejected since the petition for leave to appeal has been ..Category: Administrative Law | Date: | Hits: 95
Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)
....rs she returned. The family members of the detenu were not allowed to give any food and medicine to him. That on 25.8.2002 around 2 0' Clock in the afternoon the detenu was brought to the Court of Chief Metropolitan Magistrate. An application praying for 5 days remand was prayed before the Magis...... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ...... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ..Category: Criminal Law | Date: | Hits: 109
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....te on 2.10.1956. While serving as a Supervisor in Dhaka WASA he fell seriously ill and was absent from duty for a period of 2 years 10 days with effect from 1.10.1984. Subsequently on his prayer, the Chief Engineer, Public Health Department gave him a fresh appointment in a project as work-charged A......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ...... the learned Deputy Attorney General has referred to a notification issued by the Ministry of Establishment dated 28.10.1993 recommending the 5 (five) posts of Assistant/Divisional Engineer/Assistant Commissioner for regularization who are on workcharged basis in a project for regularization but the..Category: Administrative Law | Date: | Hits: 136
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....ase No. 20 of 1997 arising out of Ramna P.S. Case No.76 of 1997 under section 409/420/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 pending before the learned Chief Metropolitan Magistrate, Dhaka while Criminal Misc. Case Nos.1847 of 2001 (along with Criminal......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ..Category: Anti-Corruption Laws | Date: | Hits: 152
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....6.11.1996 for fresh trial of said G.R. Case No. 1 of 1983 and the Magistrate, Noakhali was directed to send the records of Special Martial Law Case No.24 of 1983 which was in his custody under the Chief Martial Law Administrator's order conveyed under Memo No.6506/20/M.L.-2(A) dated 22.3.1986. T...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......95 in the Court of Subordinate Judge, Noakhali against Bashir Ahmed. Most. Hasna Hena Begum, Nazrul Islam, Mohammadullah alias Madhu, Abdul Matin and Abul Hashem as principal defendants and Deputy Commissioner, Noakhali and Home Secretary, Government of the People's Republic of Bangladesh as pro..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... for quashing the proceedings in S.T. Case No. 381 of 1999 now pending before the learned Additional Metropolitan Sessions Judge, Chittagong arising out of C.R. Case No. 3774 of 1995 initiated by the Chief Metropolitan Magistrate, Chittagong. 2. The fact of the case briefly stated is that the app...... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ...... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ..Category: Criminal Law | Date: | Hits: 105
Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......re Port Authority as at Annexure-C and C (i) to the writ petition. 7. We are unable to accept this contention of Mr. Hosein. It appears that a very responsible diplomat attached to the High Commission for Bangladesh in Singapore asserted by contacting the Port of Singapore Authority that ..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ......ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ......epicted and the same is not identifiable in the locality. Hence local investigation was essentially required for ascertaining the identity and location of the suit land by a survey knowing Advocate Commissioner. The trial court ought to have done this before passing the decree because no decree c..Category: Property Law | Date: | Hits: 71
Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)
.... 2002 discharging the Rule. 2. Short facts are that one Dr. Shamsuddin Jahangir as president of BCSIR Co-operative Housing Society filed a petition of complaint in the Court of the Chief Metropolitan Magistrate, Dhaka on 29.07.2001 against the accused petitioner alleging, inter a......s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ......s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ..Category: Criminal Law | Date: | Hits: 42
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ......ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ...... by way of continued possession over the statutory period the plaintiffs acquired right title and interest in the suit land; in Ext.2, the Local Inspection Report submitted by the learned Advocate Commissioner who conducted the inspection stated that “Bangla………&he..Category: Property Law | Date: | Hits: 29
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
.... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ..Category: Criminal Law | Date: | Hits: 36
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....mplainant demanded the money sending a notice dated 10-3-2001 giving the accused 15 days' time to make the payment but still no payment being made the complaint was filed on 22-4-2001 and the learned Chief Metropolitan Magistrate took cognisance and the accused appeared before the court and was rele......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ..Category: Criminal Law | Date: | Hits: 59
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....riends created terror and had beaten the informant and others and thereafter the informant lodged first information report and hence the case. The appellant surrendered before the Court of the Chief Metropolitan Magistrate, Chittagong on 7-5-2001 and was taken into custody and since then he ......ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ......ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ..Category: Criminal Law | Date: | Hits: 43
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......the Notifications dated 17-11-1999 and its subsequent amendments vide Notification dated 13-10-2002 and 26-10-2002; BADC came into existence in the year 1961 on the recommendation of Agricultural Commission for the purpose of attainment of self-sufficiency in food introducing modern agricultur..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......tion or any defects in it can only be determined by the trial Court……….(14) Cases Referred to- MA Hai vs. TCB 40 DLR (AD) 206; Nesar Ahmed vs. Bangladesh, 49 DLR (AD) 111; Commissioner of Income Tax vs. Bhupen Champak Lai Dalai (2001) 248 ITR (SC) 830; P Jayappan vs. Sk ..Category: Fiscal/Taxation Law | Date: | Hits: 97
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