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Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......ation if so advised against the three appellants under Section 465/109 of the Penal Code. The suit records brought by the Division Bench of the High Court Division shall remain with the Court for a period of 7 months and the Registrar of the Supreme Court was directed to stay the departmenta..Category: Criminal Law | Date: | Hits: 49
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......hakanta and Amullya went to their brother, Gopal Chandra who settled their respective shares in the disputed property with Laxmi Kanta Sil, father of the plaintiffs by 3 registered patta during the period from 1952-53. Laxmi Kanta possessed the suit land and got his name mutated in respect of th..Category: Property Law | Date: | Hits: 82
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....of payment of rent." and that tenant defendants sent rent for the months of January and February, 1994 on 01.03.1994 and 06.03.1994 respectively which is very much within three months as stipulated in clauses 5 and 6 of Deeds of Agreement dated 01.08.1961 and 28.04.1971". The High......nance in cases of default because- a) the plaintiff, transferee landlord dated 09.04.1973; b) the letter of attornment, exhibit 'Ga' dated 18.041973 does not refer to the period of default in payment of rent as a pre-condition for the eviction of the tenant; ..Category: Property Law | Date: | Hits: 23
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......o deliver the said goods or its price thereof. The appellant bank is further liable to pay the plaintiff-respondent Tk. 1,80,000.00 as damages as he could not utilize his import license for 16 import periods because of refusal by the defendant-appellant bank to supply L/C authorization. The plaintif..Category: Civil Law | Date: | Hits: 79
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......resh Chandra Sen executed a bainapatra on 29.08.1980 in favour of the plaintiff with stipulation that necessary sale deed in respect of the suit land would be executed and registered within a period of three years on receipt of the balance consideration money of Tk. 3,000/-. Thereafter, Sur..Category: Property Law | Date: | Hits: 31
Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)
..... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ......der Section 25B (1) of the Special Powers Act instead of altering the conviction to one under Section 25B (2) of the Special Powers Act and thereupon in not passing sentence there under for shorter period. The contention so made has already been considered by us while dismissing the leave petitio..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....refore no question of review arises. In view of the above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......is behalf general or special order shall frame a charge, and by notice accompanied by the charge, require the Government servant, hereinafter called the accused to show cause within a period which shall not be less than two days nor more than five days from the date of the service ..Category: Employment/Service Law | Date: | Hits: 62
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ...... relief of permanent injection in respect of 8 kanis, 10 gandas and 2 karas of land described in the schedule attached to the plaint. The plaintiffs claimed the said land by purchase in between the period February 1982 and November 1984. 2. Facts, in short, are that one Ahmed Ali said to ..Category: Property Law | Date: | Hits: 24
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......at they went abroad on deputation and when they having failed to return to Bangladesh on the expiry of leave their services were terminated but subsequently they were re-employed treating the period of unauthorized absence as unusual leave keeping all service conditions unchanged the respon..Category: Employment/Service Law | Date: | Hits: 82
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......r encashment, with in 6 months from the date of its issuance and the complainant was, therefore entitled to present the cheques in question as many times as thought necessary with in the aforesaid period of 6 months and by serving a notice within 15 days from the date when the cheques were retur..Category: Business or Commercial Law | Date: | Hits: 138
Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)
.... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ...... of the facts and circumstances of the case we are of the view as the appellant has already served out sentence for more then 10 and half years i.e. he has served out sentence more than the minimum period of sentence as provided in section 19A of the Arms Act, ends of justice would best be met i..Category: Criminal Law | Date: | Hits: 41
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
....al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ...... 417 (3) of Cr.P.C. shall have no manner of application. If an appeal against an order of acquittal is filed by the Government either before the High Court Division or the Court of Session beyond the period as provides in Article 157 of the Limitation Act, 1908 then in such a case an application see..Category: Criminal Law | Date: | Hits: 109
Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ......s, however, where owing to the exigencies of service or such other reasons as are beyond his control, an officer has not been able to pass the Departmental Examination with in the prescribed period he may at the discretion of the Commissioners/Director-General of Services, be granted exte..Category: Employment/Service Law | Date: | Hits: 72
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......pointed by the Rural Electrification Board (REB) on February 10, 1991 as an officer of the Palli Biddyut Samity (the Samity) (General Service) for one year as probationer. After completion of period of probation he was made permanent officer of the Samity and later on was posted as Assistan..Category: Employment/Service Law | Date: | Hits: 83
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......d the learned Judges of the High Court Division granted bail to the accused respondent for ends of justice up to 15.08.1996 directing the trial court to try and dispose of the case within the said period. This Division dismissed the leave petition of the State with the observation, "we do n..Category: Criminal Law | Date: | Hits: 35
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......the learned Arbitrator having conducted the arbitration proceeding only for three months had no lawful authority to award the interest on the unpaid amount of Tk. 6,82,40,216,. 13 Paisa for a period of 2 years. He contends further that he had also no jurisdiction to allow the interest ..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......reinstated him by an order dated 15-12-93 subject to two conditions, namely that he will not get arrear salary and other benefits from the date of removal to the date of rejoining and that the said period will be treated as extra ordinary leave without pay. The respondent joined on 23-12-93 and th..Category: Administrative Law | Date: | Hits: 138
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
.... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ......nt and lastly it was contended that since enquiry proceeding in the light of the provision of Rule 143(4) of the Rules was not completed with in the time specified in the rule i.e. with in the period of 3 months from the date of framing of the charge and consequent thereupon having not stopp..Category: Employment/Service Law | Date: | Hits: 69
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ...... others including the pre-emptor. Their further case is that pre-emptor knows about the transfer from the very beginning and he did not exercise his right of pre-emption within the prescribed period of limitation and as such preemption case is liable to be dismissed. The learned..Category: Property Law | Date: | Hits: 30
Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)
.... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ...... or which causes the sufferer to be during the space of twenty days or unable to follow ordinary pursuits, Unless any of these injuries are found and unless the injured suffer bodily pain during a period of 20 days or unable to follow ordinary pursuit during this period the offence of griev..Category: Criminal Law | Date: | Hits: 78
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