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Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)

....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......p; suit was filed as a partition suit to establish title by circumventing Ordinance No.1 of 1964 which put restriction on the filing of any declara­tory suit in respect of landed property of a member of minority-community, that sum­mons of that suit was fraudulently suppres­sed in th......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ..

Category: Property Law | Date: | Hits: 40

State Vs. Md. Haroon, 1984, 13 CLC (AD)

....ffice but in the meantime Dafadar Hamdu Meah was sent to Fatickchari Police Station whereupon the O/C of the Thana came to the place of occurrence and held inquest of the dead body which was sent for postmortem examination. Police arrested the accused and after com­pletion of their investigation su......in how such a big dagger could be concealed from the sight of the eye-witness to the occurrence. By seizure list Ext.4 a dagger had been seized by the police in presence of Serajul Huq and Nurul Huq, member, P.W.7. “ছুরিটা দারোগা seizure list দিয়ে জব্দ ....... They tied him with ropes and brought him along with the weapon near the house of deceased Shamsul Anwar where the accused was tied around a ‘mandar’ tree. Local Vice-Chairman and Members of the Union Parishad were in­formed and a person was sent to bring P.W.1. Khurshed Alam son of the deceas...... tied him with ropes and brought him along with the weapon near the house of deceased Shamsul Anwar where the accused was tied around a ‘mandar’ tree. Local Vice-Chairman and Members of the Union Parishad were in­formed and a person was sent to bring P.W.1. Khurshed Alam son of the deceased fro..

Category: Criminal Law | Date: | Hits: 64

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)

....ch Advocate shall, unless his presence has been dispensed with by the Court, be present at the bearing of the application for review. 6. As far as practicable the applica­tion for review shall be posted before the same Bench that delivered the judgment or order sought to be reviewed. 7. After...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..

Category: Constitutional Law | Date: | Hits: 149

Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)

....e Constitution and they are performing their functions in con­nection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......ellip;...Respondents Judgment December 11, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in any Parliamentary proceedings and making deliberation in Parliament is his ......e Constitution and they are performing their functions in con­nection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......e Constitution and they are performing their functions in con­nection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..

Category: Constitutional Law | Date: | Hits: 147

Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)

....relatives of the deceased they suspected that the death caused was an unnatural one and a case being unnatural Death Case No.113 dated 5.9.77 was started by the Police. Thereafter on receipt of the post mortem examination report wherein the Doctor opined that the death was caused due to throttlin......Darbesh Ali stated in his evid­ence that few days before the murder, Hazer told him that Dud Mallick had tortured them for forty years but then he would be destro­yed and his entire family members would be eliminated. P.W.8 Md. Ebad Ali Biswas also stated in his evidence that few ......Ali Mondal under section 302 of the Penal Code, and the sentence of transporta­tion for life passed thereunder is confirmed. Ed. This Case is also Reported in:  37 DLR (AD) 87. ......Ali Mondal under section 302 of the Penal Code, and the sentence of transporta­tion for life passed thereunder is confirmed. Ed. This Case is also Reported in:  37 DLR (AD) 87. ..

Category: Criminal Law | Date: | Hits: 52

State Vs. Saheb Ali, 2008, 37 CLC (AD)

....Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......as the two head of cattle. On the following morning one Abdul Khaleq found the dead body of the deceased lying on the edge of the field and reported the matter to the informant Md. Abdul Quashem, a member of the local Union Parishad. The inform­ant then lodged the F.I.R. 3. Police on c......attle. On the following morning one Abdul Khaleq found the dead body of the deceased lying on the edge of the field and reported the matter to the informant Md. Abdul Quashem, a member of the local Union Parishad. The inform­ant then lodged the F.I.R. 3. Police on completion of invest......On the following morning one Abdul Khaleq found the dead body of the deceased lying on the edge of the field and reported the matter to the informant Md. Abdul Quashem, a member of the local Union Parishad. The inform­ant then lodged the F.I.R. 3. Police on completion of investigation..

Category: Criminal Law | Date: | Hits: 45

Bashir Mia and another Vs. State, 2009, 38 CLC (AD)

....10.2001 a dead body of Sohel was recovered from the jute field of one Nowab Mia of the village Alipur having multiple penetrating injuries on his person. Ultimately dead body was sent to morgue for post-mortem examination and a case was recorded under Sections 302/34 of 'the Penal Code at Akhaura......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ..

Category: Criminal Law | Date: | Hits: 41

Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)

.... was no more an employee of the Bangladesh Water Development Board at the time of retirement and voluntarily opted for the service under RRI under its existing law. Though the subsequently absorbed post does not have any service rule providing for pension, the petitioner on own his accord accept......present service. In view of the above, we find no sub­stance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......present service. In view of the above, we find no sub­stance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......present service. In view of the above, we find no sub­stance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ..

Category: Employment/Service Law | Date: | Hits: 92

Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)

....view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......arada kanta Chakravarty was the owner of the land of Plot No. 685 along with land of other plots of C. S. Khatian No. 104 and in 1959 he donated .08 acre of land from plot No. 685 for construction of Union Agriculture Seed Store Building and delivered possession of the said land to the Chairman of t......view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ..

Category: Property Law | Date: | Hits: 45

Md. Awlad Hossain and another Vs. Joynab Bibi and anoth­er, 2004, 33 CLC (AD)

....also two subsequent reminders no reply was received from the appellant No. 1, was serv­ing at Hill Tracks, Chittagong as Commandant of Police Special Training School Betbuniat, Chittagong and he was posted as Deputy Commissioner West, D. M. P. Dhaka only on 21.11.1996. Mr. Islam next submits that t......Memo to the executing Court. 15. It may also be noted here that the Board, of which the Proforma Respondent No. 2, who issued Memo dated 21.4.97, is the Assistant Commissioner, consists of several members and many of whom, had long judicial experi­ence as magistrates or in other capacities and t...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256....... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...

Category: Criminal Law | Date: | Hits: 51

Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)

....low. Respondent Md. Matiar Rahman is an engi­neer. He joined in the service of the appellant Dhaka Water Supply and Sewerage Authority, briefly WASA and at the relevant time he was holding the post of executive engineer on pro­motion in charge of Zone 6 with effect from 14.9.90. Subseque......e on 5.11.90 was illegal and without jurisdiction. 9. Trial Court also noticed that the plaintiff submitted an application objecting to the appointment of Abdul Baki Chowdhury as one of the members of the enquiry committee on the grounds that the said member was junior to him in service a......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ..

Category: Employment/Service Law | Date: | Hits: 73

Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)

....we hold that the High Court Division erred in law in decree­ing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......we hold that the High Court Division erred in law in decree­ing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......…....Appellant Vs. Kazi Abdul Hye .........Respondent Judgment May 29, 1997. Cases Referred to- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. Ramzan Khan, 1991 (1) SCC 588. Lawyers Involved: ......we hold that the High Court Division erred in law in decree­ing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ..

Category: Employment/Service Law | Date: | Hits: 69

Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)

....y;thing regarding the prosecution case. P.W. 17 Md. Rabiul Islam @ Rabi and P.W. 19 claimed that they saw the occurrence. We shall discuss their evidence later on P.W. 18 Dr. Md. Mayeen Uddin held post mortem examination of the dead body of deceased. P.W. 21 Md. Sabir Ahmed is a Magistrate who r...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ..

Category: Criminal Law | Date: | Hits: 45

Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)

....ndant which resulted in an error in the decision of the suit. Mr. Nawab Ali further submitted that notice under section 106 of the Transfer of Property Act was served upon the defendant by registered post with acknowledgement due and the plaintiff also proved the service of notice Ext. 6, postal rec......osts. The impugned judgment and order of the High Court Division are set aside and the judg­ment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......osts. The impugned judgment and order of the High Court Division are set aside and the judg­ment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......osts. The impugned judgment and order of the High Court Division are set aside and the judg­ment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136...

Category: Tenancy Law | Date: | Hits: 154

Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)

....e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ......9. The finding of a bonafide requirement is essentially a finding of fact to be arrived at on consideration of evidence on record. The expression "bonafide requirement" also includes requirement by a member of the fami­ly of the landlord. In the instant case the appel­lant wanted the shop rooms fo......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ..

Category: Tenancy Law | Date: | Hits: 172

M. A. Mannan Vs. Chairman, Second Labour Court and oth­ers, 2003, 32 CLC (AD)

....ek redress there­of under this section, shall observe the follow­ing procedure:- 1. The worker concerned shall submit his grievance to his employ­er, in writing, by registered post within fifteen days of the occurrence of the cause of such grievance and the employer shall w......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ..

Category: Employment/Service Law | Date: | Hits: 81

Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)

....t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ......t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ......t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ......t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ..

Category: Labour and Industrial Law | Date: | Hits: 105

Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)

....btaining the approval of the Government was taken in the case of appellant. 23. It is interesting to note that the notice of the assessment under section 7(aa) to the appellant was delivered post haste. The notice was signed on 24 January 1993 and it was served directly to him on the same ...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ..

Category: Property Law | Date: | Hits: 28

Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)

....nal Land Requirement Council of the Ministry of Land held on 30.12.1989 it was decided that each and every Upazila shall have Assistant Land Officer from those who were working as Kanungoe and the post of said officer shall be upgraded as second class gazetted post. Subsequently, after some inte...... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ...... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ...... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ..

Category: Civil Law | Date: | Hits: 117

Khurshid Alam and Others Vs. Azizur Rahman & oth­ers, 2004, 33 CLC (AD)

.... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ..

Category: Criminal Law | Date: | Hits: 40