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Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......legation was brought against him alleging that he recommended for sanctioning loan and a departmental proceeding being No.12/1995-1996 was started against him; the matter was enquired into by a two member committee which submitted report. The authority concerned awarded a penalty to deposit an a......t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ..Category: Administrative Law | Date: | Hits: 90
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....ng the prosecution and depriving the complainant from proving the prosecution case by evidence at the trial and that the presumption under section 27 of the General Clauses Act as to the registered post will be applicable in the instant case and, as such, it will be deemed to have been served on a......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 ......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. ......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
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ne qua non to the successful prosecution of a criminal proceeding under Chapter XXI of the Ordinance. 13. In an appropriate case the wholesome rule is that a criminal Court may adjourn or postpone the hearing of a criminal case, if the disposal of any proceeding under the Ordinance, whi......the NBR for filing the said criminal case was valid without issuing any prior notice on the respondent and whether the sanction accorded by NBR in its meeting preside by its chairman who was not a member was hit by the principle of coram-non-judice, (3) Whether the writ petition filed by the res......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......ioned Police officials and Police personnel from the Laxmipur Police Station and at about 3.30 a.m of January 20,2001 went to the house of accused Mohiuddin in village-Ramanandi in No. 16 Lahakandi Union Parishad and while searching the house of accused Mohiuddin then a travel bag containing cou......Police officials and Police personnel from the Laxmipur Police Station and at about 3.30 a.m of January 20,2001 went to the house of accused Mohiuddin in village-Ramanandi in No. 16 Lahakandi Union Parishad and while searching the house of accused Mohiuddin then a travel bag containing counterfe..Category: Criminal Law | Date: | Hits: 38
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ...... FIR and while narrated the prosecution case on dock about said recovery of firearms there was no apparent falsehood in his evidence, which was corroborated by the official witnesses, who were the members of patrol party while other public seizure list witnesses did not support the prosecution c......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ..Category: Criminal Law | Date: | Hits: 24
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
.... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ...... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ......e Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Abdul Matin J Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad ……......Petitioner Vs. The State...............................rt Appellate Division (Criminal) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Abdul Matin J Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad ……......Petitioner Vs. The State.................................Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
.... and proceeded towards Munshir hat along with accused Azahar but he did not return home and subsequently his dead body was recovered from a jungle and an U.D, Case was started by the police and after postmortem examination over the dead body of the deceased the case was started. The police on comp...... deceased and took the deceased with him and thereafter the dead body of the deceased was found in a Jungle. P.W.8, Jatindra Nath Mondal, Medical Officer, Sadar Hospital, Sariatpur who was one of the members of the Medical Board holding post-mortem examination over dead body of the deceased, in hi......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ..Category: Criminal Law | Date: | Hits: 26
Sheikh Intaz Ali and others Vs. Solaiman Tarafder and others, 2006, 35 CLC (AD)
....red as O.P.W.3 failed to show any service return on the defendant Nos.15, 48, 49 and 50. The trial Court while allowing the Miscellaneous Case arrived at the finding that the summons by registered post was not served on the defendants and that the summons shown to have been served on the defenda......the finding that process server who figured as O.P.W.3 admitted that he did not find all the defendants in the locality and that he did not make any attempt to serve the summons on the family members of the defendants and that the evidence of the O.P.W.2 who claimed to be the attesting witn......iew that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 420. ......iew that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 420. ..Category: Procedural Law | Date: | Hits: 78
Government of Bangladesh Vs. Md. Aftab Uddin Fakir, 2006, 35 CLC (AD)
....nt employee in continuation to his subsequent services till 30.12.1996. He was appointed temporarily as Work Assistant by P.W.D's Superintendent Engineer's order dated 17.10.1968 and was posted in the Office of the Superintendent Engineer against Sub-Division No.1 of Development (Bldg)......ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ......ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ......ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ..Category: Administrative Law | Date: | Hits: 115
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....nce December, 1985. The plaintiff contested the above miscellaneous case asserting that summons were duly served upon the defendants and the notices were also sent upon the defendants by registered post which being refused by the defendants, according to law, were deemed to have been served upon......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ..Category: Property Law | Date: | Hits: 33
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
....deny that he was husband of the deceased and that her dead body was found in his house but the persistent defence case is that she committed suicide. 15. PW. 8 Dr. Dewan Saidur Rahman held post-mortem cross-examination on the dead body of deceased who in his evidence narrated the injurie......e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ..Category: Criminal Law | Date: | Hits: 99
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
....ion of their 57th years of age. 2. The respondent No.1 in Civil Appeal No. 196 of 2000 filed Writ Petition No. 2822 of 1997 stating that on 10.3.1982 he was employed as a worker holding the post of plant attendant in Bakhrabad Gas Field at Muradnagar, which is run by the appellant, an ent...... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ...... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ...... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ..Category: Employment/Service Law | Date: | Hits: 90
State Vs. Md. Abdur Rahim, 2007, 36 CLC (AD)
....een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ......een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ......nded trial. The defence case as it appears from the trend of cross-examination of the accused is total denial and inter-alia is that he has been falsely implicated at the instance of the local Union Parishad Chairman, Abdul Bari Howlader, a close relation of the informant, with whom the acc......;ed trial. The defence case as it appears from the trend of cross-examination of the accused is total denial and inter-alia is that he has been falsely implicated at the instance of the local Union Parishad Chairman, Abdul Bari Howlader, a close relation of the informant, with whom the accused h..Category: Criminal Law | Date: | Hits: 44
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....1/niyog-02/2004/387/1(20) dated 16.03.2004 (Annexure-D-1 to the writ petition) appointing the appellants of C.A. No. 209 of 2005 and another to the post of Assistant Professor of Radiology stating, inter alia, that Bangladesh Public Service ......(iii) make all arrangements for the actual conduct of the examination, including viva voice and other tests connected with it, both in Bangladesh and abroad, and may, for this purpose, depute a member to abroad for sitting on the Interview Board: Provided that when the Commission f......Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ......Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ..Category: Employment/Service Law | Date: | Hits: 100
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
....le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ......le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ......d 11.04.1987 gifted the same to Daliluddin Primary School; the plaintiffs who are landless persons have been residing in a portion of the suit land by permission of the former Chairman of the local Union Council and Sahidul Islam and Bazlur Rahman have also been possessing a portion of the suit ......le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ..Category: Property Law | Date: | Hits: 30
Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)
..... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ....... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ....... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ....... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ..Category: Election Law | Date: | Hits: 124
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
....ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......o Reported in: V ADC (2008) 40. ......ted in: V ADC (2008) 40. ..Category: Property Law | Date: | Hits: 37
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......en filed upon making untrue statements. It was the case of the defendants that as the plaintiff was leading unsocial and immoral life and thereby embarrassed his father Mohendra Kumar Nath and the members of his family and that Mohendra Kumar Nath having had apprehended that plaintiff would dest......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....". But in the Eleventh Amendment Act the aforesaid bar or ouster provision is conspicuously absent. The legislature i.e. the then acting President Mr. Justice Shahabuddin Ahmed who adored the coveted post of the Chief Justice of this Court twice, in our opinion, in his wisdom did not intentionally p......observed: "A review lies only when the alleged error in the judgment is so evident that it can be established without going into elaborate arguments and the factual matrix of the case. It may be remembered that a review in counsel s mentation cannot justify review of the verdict. No doubt the cou......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ..Category: Procedural Law | Date: | Hits: 107