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State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....ads to an adverse inference under section 114(G) of the Evidence Act. 21. He lastly submits that there is no evidence, even circumstantial, to indicate that the respondents held any meeting prior to the occurrence and did anything in furtherance of their common intention to commit the all......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..Category: Criminal Law | Date: | Hits: 129
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives, and others.....Petitioners. ..Category: Civil Law | Date: | Hits: 104
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......section 9(2) of the Act". 13. It may be mentioned that in the aforementioned reported case the orders of retirement in respect of the Respondents were passed by the government in the Ministry of Civil Aviation and Tourism and because of that order of retirement was found valid. ..Category: Employment/Service Law | Date: | Hits: 79
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......chairman, the entire work of examination, scrutiny, verification and sanction was left to be done by the Upazila Parishad with the claimant himself as its head. He is in a position to influence the clearance of the bill. Even if he does not preside over the meeting of the parishad while dealing ......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....s the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit with further interest at such rate as the Court deems reasonabl......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..Category: Civil Law | Date: | Hits: 113
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......n under section 34 of the I.R.O. was not maintainable. It was further contended by respondent No.1 that the appellant's service was a transferable one and that in pursuance to a circular of the Ministry of Finance dated 25.1.83 which provided for transfer of any employee in any office working ..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....rt, by fresh service of old notice on 23.4.73 after the disposal of the said suit and appeal, is of no legal effect, the service of notice contemplated in section 5 (1a) and 5(3) of the Act must be prior to the initiation of acquisition has been rendered invalid for the want of statutory notice, t......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ...... was illegal, invalid and void. 6. The plaintiffs made representations against such wrong actions before various authorities including Mr. Mirza Golam Hafez who was the Minister-in-Charge of the Ministry of Land Administration and Land Reforms. After a detailed discussion of facts and law invol..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......r Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors.......…………………………….Respondents Judgment Novemb..Category: Property Law | Date: | Hits: 54
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......cant which could be allotted to the successor of Mr. Majumder and suggested "the suit premises be returned to his Judgeship for accommodation of the petitioner. "The District Judge informed the Law Ministry and it appears, the Law Department by its Memo dated 18.5.79, requested the Deputy Commissi..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......ormation as to how the deal was concluded between the School Managing Committee and the defendants. The Government has approved of the Scheme which is evident from its memo dated 5.1.89 issued by the Ministry of Education which has directed in specific manner. Hence it cannot be said that the Govern..Category: Civil Law | Date: | Hits: 130
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ....... A.N.M. Sirajul Haq, Income Tax Officer, Central Salaries, Circle II, Dacca. He should positively make over charge on or before 30.6.59. (2) A.R. Khan, Esqr., Secretary, Establishment Division, Ministry of the Interior, Karachi. (3) Accountant-General, East Pakistan, Dacca. (4) Secretary..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. .......1 (respondent No. 2 herein) contracted to sell the suit land to him for a consideration of Tk. 999/- and on receipt of the entire consideration executed kabala (Ext. 1) on 29.4.63. Then income tax clearance certificate was obtained on 8.2.64 but the kabala was not registered as defendant No. 1 ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..Category: Procedural Law | Date: | Hits: 132
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....for the alleged offence. The only evidence is that, that also stated by P.W. 1 only in cross-examination, the deceased Motahar had assaulted Arman Ali (Respondent No. 1) with shoes about 10-11 months prior to the date of occurrence due to a quarrel at the bazar. The witness, however, admitted that r......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..Category: Criminal Law | Date: | Hits: 43
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....e State.........................Respondent Judgment March 5, 1989 The Criminal Law Amendment Act, 1958 (XL of 1958), section 6 The order of sanction was there along with the charge-sheet prior to beginning of the trial of the accused under the Criminal Law Amendment Act, 1958. Such requ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....l 3, 1989. The Penal Code, 1860 (XLV of 1860), sections 378 and 403 The accused was delivered Tk. 9000 instead of Tk. 1900 by mistake by the complainant, cashier of the bank. The accused without prior knowledge or intention to receive the access amount, received the money and subsequently came ......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..Category: Criminal Law | Date: | Hits: 44
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....e that the appellants shared a common intention to commit the murder. There is no evidence that there was any common intention of the appellants to murder the deceased. There is no evidence of either prior preparation or subsequent development of common intention amongst the participants immediately......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......t in upholding the order of the Magistrate, inter alia, have given the reason which is as follows: “In the facts and circumstances of this case it appears from the extracts of the papers of the Ministry of Home Affairs which bear the signatures of the Deputy Secretary, Joint Secretary, Secreta..Category: Criminal Law | Date: | Hits: 43
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....ed to her duty on 14-2-76 but she was not allowed to resume her duty. She thereafter filed a Complaint Case under section 25 of the Act after complying with the necessary formality as to submitting a prior grievance petition to her employer. 3. The Labour Court, having come to the finding in the......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..Category: Labour and Industrial Law | Date: | Hits: 77
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
.... by purchase and (iii) a tenant holding land contiguous to the land transferred apply under this section and comply with the provisions therein contained, the applicant or applicants shall have the prior right to purchase under this section in the order in which they have been mentioned above. ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......s to be unloaded at Chittagong and to be retained on the ship on April 30, 1977 that Is, within 24 hours of the arrival of the ship at Chittagong. An application was filed by the local Agent for port clearance stating clearly therein that ''next port of call Chalna with retention cargo." The Agent a......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
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