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Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
.... 1961 Shatarkul Union Seed Store Building was constructed in the said land and the same was handed over to the Agricultural Department and some portion of plot No. 685 is in occupation of the local Primary School for more than 20 years. 5. The trial Court decreed the suit in prelimi&s......d was acquired in the said L.A. Case, yet, the D.I.T. abandoned the claim except .2909 acre of land consumed for the road. Once the land is acquired it vests in the government through the requiring body and it does not matter whether it is use or not and the question of abandonment is unknown to..Category: Property Law | Date: | Hits: 40
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......ecision reported in 50 DLR 411 wherein it was held that the implementation of such a decree passed by a competent court is the constitutional obligation of the present petitioner which is a statutory body and therefore, we do not find any substance in the submission of learned Advocate. 8. In th..Category: Employment/Service Law | Date: | Hits: 181
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......of the matter, "impracticability" relates to the internal mechanism of the Company and not to any external influence brought about by legally sanctioned conditions imposed by a regulatory body constituted under the law and so, in an application for condonation of delay in holding Annual..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....ords and claimed to be tried according to law of Allah. Accused Sultan Khan (since acquitted) pleaded absolute innocence and claimed to be tried. 24. Mr. Md Siddique Hossain a Senior Advocate of local Bar was appointed as State defence lawyer to represent all accused as they did not appoint any....... This is all the more necessary and required in view of the fundamental right guaranteed to them as enshrined under Article 31 of the Constitution that no action detrimental to the life, liberty and body shall be taken against any citizen except in accordance with law. Article 31 of the Constitutio..Category: Criminal Law | Date: | Hits: 213
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....rder ……………………………………….. (ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority has been done or taken without lawful authority and is of no legal effect; or ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......ather and he died at once. He also denied the defence suggestion that the accused persons have been falsely implicated in this case. PW 10 Dr. Lutfor Rahman held post mortem examination on the dead body of deceased Babujan Chowkidar and extracted the iron made chal consisting of three kata fro..Category: Criminal Law | Date: | Hits: 117
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....de on the part of the Returning Officer in changing the polling stations, that the Returning Officer did not alone take the decision to change the polling stations but he acted on the advice of the local administration including the Deputy Commissioner, the Superintendent of Police and the Nir......ssary. 9. In the three instant cases, the change of the polling stations is found to have been made by the local administration on the ground of security—a fact which has not been disputed by anybody. In the previous election held on 10 February 1988, polling was stopped in these stations due t..Category: Election Law | Date: | Hits: 163
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......as per his own statement is a literate man and being a commander of Liberation War is well conversant with the use of various arms and knowing the result of such fatal blow in the vital part of the body, he committed gruesome murder of 2 young men and attempted on third who however narrowly escape..Category: Criminal Law | Date: | Hits: 65
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..Category: Criminal Law | Date: | Hits: 52
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......t.1 but the Ext.3 reveals the conduct of the heirs of Tofazzal Hossain after his death and that it is also not known what was the nature of the ex-parte rent decree, that discrepancies in the body of the kabala and the schedule thereof (Ext.1) sufficiently indicates that Izzatullah Chowdhur..Category: Property Law | Date: | Hits: 67
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....ll as the learned Additional Metropolitan Sessions Judge, committed an error in not relying upon her statement made in the said suit. 8. Lastly he submits that the first Receiver namely the local Ward Commissioner in this report having stated that he has taken possession of the prope......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
.... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ......st Information Report was lodged on 13.03.2000. There was no acceptable explanation for the delay. 8. It transpires that the victim did not raise any protest nor complained to any body even when she was shifted from one place to another place in bus and other transport and was ..Category: Criminal Law | Date: | Hits: 34
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....tub Aziz along with accused Sheikh Lala Babu and that on the basis of the aforesaid letter of credit (L/C), 4100 Metric Tons Eagle Brand Grey Portland Cement was imported which was sold in the local market at a sum of TK. 1,47,60,000/- thereby the accused earned net profit of TK. 12,12,436.......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....ciation, Savar to which the plaintiff was attached as Rural Development Officer; that to the utter surprise of the plaintiff he was placed under suspension with effect from 27.7.1983; that the local head of administration, the Upazila Nirbahi Officer, Savar by a letter dated 4.8.1983 reques...... the order of dismissal passed by the defendants and not by the Government. The learned Advocate submits that the impugned decision is the result of a misconception that the defendant, a statutory body, cannot support its disciplinary action against their employee because of an alleged Governmen..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......k in strict compliance with the terms and conditions set by Bangladesh Bank and other regulatory authority only. Respondent No. 3 was not given any authority to make any monitory transaction with any body in connection with the share capital and the alleged letter of authority dated 06.06.2000 was n..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....in. The petitioner company applied to the District Adjutant of Ansars and V.D.P. (respondent No.10 to the writ petition) for deployment of Ansars and on the recommendation of officer-in-charge of local police station, 12 armed Ansar personnel were deployed and the company paid the respondent N......r the law (East Bengal Emergency) Requisition of Property Act, 1948 (East Bengal Act XIII of 1948) the government has no authority to release the property in favour of either the original owner or anybody else. The Government may also use such land for similar other public purpose. 10. It appears..Category: Property Law | Date: | Hits: 91
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....ssion of a country made pipe gun 11" in size and another pipe gun was found in possession of co-accused Ohidul Alam and a knife from the accused Babul in the premises of Tarun Shangha, a local club in village Isapur, Police Station-Daudkandi in the District of Comilla and a First Infor......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 55
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....op, that they found another 27 barrels and some other empty barrels in Ali Akbar's shop and also found Abul Hossain a close man of Ali Akbar, sleeping in the shop, that on getting information, the local chairman, arrived there and the helper of the truck confessed the guilt in presence of a......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 23
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
.....07.1999/24.7.1999 a large number of policemen entered into the rooms of the residents of Nimtali and Tanbazar, Narayanganj who were working as sex workers and informed the residents that the local Member of the Parliament and the Deputy Commissioner along with Superintendent of Police and ......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......udgment and decree passed by the Courts below. 7. Leave was obtained to consider the submission that under section 3(2) of the Cadet College Ordinance, 1964 Pabna Cadet College being a body corporate capable of "sue and to be sued" in its own name, the High Court Division e..Category: Employment/Service Law | Date: | Hits: 113
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