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Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......petitioner in pursuing the writ petition may be a good cause for entertaining the appeal beyond time and the petitioner will be free to agitate all the submission made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner's ca..Category: Trust/Waqf Law | Date: | Hits: 190
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. ......bstitute its own finding for that of the Enquiry Officer or the punishing authority, as the case may be. The trial Court and the appellate Court cannot assume the role of a fresh fact-finding body over which either the Enquiry Officer or the punishing authority has already made their respec..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....tioned above, by registered Arpannama. Last Shebayet Chitta Ranjan Das migrated to India in 1981 without making any arrangement to perform Sheba Puja and look after the debattar property, that the local Hindu community in a meeting held on 31.12.81 formed a broad-based trust committee and electe...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ..Category: Property Law | Date: | Hits: 30
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
.... 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. ......M. Liakat Ali Laskar and others stood charged under section 302/34 of the Penal Code to which they pleaded not guilty and claimed to be tried. 4. During trial one Nur Alam claimed to be the bodyguard of Ershad Ali Sikder was arrested on 03.08.1999 and he made confessional statement i..Category: Criminal Law | Date: | Hits: 45
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......mber, 1955. Subsequently, Abdul Jabbar Molla transferred .8 acre of land to the plaintiff. The plaintiff's further case was that her husband Bakhar Ali Molla never transferred the suit land to any body but defendant No. 1 created a false deed of agreement on 18th August, 1978 for sale of the sui..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... 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 recorded tenants. The Additional Land Acquisition Officer, by the same order, directed that 'award' be prepared in the name of the appellant in respect of the plots in question and that if any body was aggrieved by the order might seek redress in the competent court of law within the statuto..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....ain power supply in its factory, but the generator continued to supply power until 11.10 P. M on 2.12.88 and then it started giving trouble and stopped. The plaintiff tried to repair the generator locally, but failed and then sent it to Dhaka for repair. The generator was ultimately ......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ..Category: Civil Law | Date: | Hits: 138
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......for the purpose of developing Lalmatia Housing Estate. On 10.6.1963 appellant Bazlur Rahman made a prayer for allotment of some plot of land to him as it was an admitted condition of the requiring body that the affected persons would be rehabilitated. During the pendency of his prayer for a..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
.... "public servant" means a public servant as defined in section 21 of the Penal Code, and includes a Chairman, Director, Trustee, Member, Commissioner, Officer or other employee of any local authority, statutory corporation or body corporate or of any other body or organization...... of section 2(b) of the Criminal Law Amendment Act, 1958 as amended by section 3 of the Criminal Law (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978), because M/S. Master Industries Ltd. is a body corporate constituted under a law, namely, the Companies Act and the accused petitioner is a M..Category: Criminal Law | Date: | Hits: 40
Md. Hamidur Rahman Vs. State, 2009, 38 CLC (AD)
....terial aspects of the case and arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ......et her trace. On 20.1.99 he again went there, but did not find her and the appellant. On 20.1.99 he again went there, but did not find her and the appellant. On 22.1.99 the beheaded decomposed dead body of the deceased was recovered from the filed to the west side of village Khiraichandi. The in..Category: Criminal Law | Date: | Hits: 50
Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)
....per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 103
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ......decreeing an amount of Tk.5, 52, 60, 832.43/- 7. On 26.07.2000, Mr. Masudul Alam Chaklader the then Managing Director died at Advanced Medicare and Research institute, calcutta-029, the dead body was brought to Bangladesh and buried him, at Dhaka. 8. Thereafter on 30.10.2002 after 2..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....lled by the Government under Article 55(6) of the Constitution of the People's Republic of Bangladesh and the petitioner represented as a citizen of Bangladesh as well as public servant under local authority guided under Article 59 of the Constitution. The government approved to con&sh......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ..Category: Others | Date: | Hits: 87
Simon Singh Vs. State, 2008, 37 CLC (AD)
.... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ......f the Penal Code. 4. The police took up investigation, visited the place of occurrence, prepared sketch map with separate index of the place of occurrence, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, seized alamats by..Category: Criminal Law | Date: | Hits: 47
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......e Administrative Appellate Tribunal allowed the appeal taking into consideration the fact that during the liberation war, the whole of the then East Pakistan was under the Pakistan Army and on body dared to utter a single word against the sovereignty of Pakistan regarding this part of t..Category: Administrative Law | Date: | Hits: 103
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......ranted in respect of he said goods. The expression 'security' has been explained in sub-Section (2) of section 370 but the expression 'debt' has neither been explained nor defined. It was however nobody's case that the ornaments in question fall within the category of security with in the me..Category: Property Law | Date: | Hits: 39
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....the responsive technical bidder. Moreover the High Court Division is quite competent to make direction to the person performing functions in connection with the affairs of the Republic or of a local authority to refrain from doing thing not permitted by law or to do something required ......g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ..Category: Procedural Law | Date: | Hits: 83
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....homestead from the plaintiff's brother son Nagendra Chandra Sharma and by constructing hut thereon encroached the plaintiff's boundary in the said homestead plot that over the said incident a local salish was held, and in that salish defendant No.1 disclosed that said Debendra Chandra Sharm...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ..Category: Property Law | Date: | Hits: 27
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....r. Abdur Rob Chowdhury, the learned Advocate appearing for these two appellants submits that the learned Judges of the High Court division while disposing of writ petitions failed to appreciate the local factors of Jamalpur where the distribution line run on bamboo posts with joint wires resultin......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ..Category: Employment/Service Law | Date: | Hits: 89
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
....de the suit land khas, and his son Monindra settled the suit land orally to the plaintiff after the death of Ambika. The appellate court has relied on two documents, namely, a certificate from the local Chairman marked Ext. X and the voter list of the locality, which were filed for the first tim....... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ..Category: Property Law | Date: | Hits: 26