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Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)

....of 1999 discharging the Rule. 2. Short facts are that plaintiff Nos.1 and 2 and their father purchased holding No. 99 of Nawabpur Road, Dhaka in the year 1973 and at that time one Younus Chandana was the tenant in the suit premises and he accepted the plain­tiffs as his landlord. Yo......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ..

Category: Property Law | Date: | Hits: 23

Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)

....late Division (Civil) Present: Mainur Reza Chowdhury J Syed JR Mudassir Husain J Anu Miah and others ..................Appellants Vs. Gauranga Chandra Sharma and others ..........Respondents Judgment April 17, 2002. Cases...... 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. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)

....r of the land is also different one being a por­tion of the pond while the other is a bite land by the side of a canal and from being chunk of land possession of a small fraction was allegedly hand over without there being any actual meas­urement P.Ws 2 and 4 having said that there was i......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..

Category: Property Law | Date: | Hits: 44

Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)

....king the Rule absolute. 2. Short facts are that the plaintiff filed Title Suit No. 21 of 1984 praying for a decree for specific performance of contract stating, inter alia, that one Suresh Chandra Sen (now deceased), the predecessor of respondent No. 3 who was the owner of the suit land e......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. ..

Category: Property Law | Date: | Hits: 31

Tariqul Islam Vs. State, 2002, 31 CLC (AD)

....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......id appeals, arising out the same facts, are that one Mohammad Abbul Aziz, the Sub-inspector of police of Kotwali Police Station, Jessore, Lodged an F.I.R. on 7-3-1999 stating that 2 (two) powerful bombs were blasted at 1.15 A. M. on 7-3-1999 on the two sides of the stage set up in Jessore Town H..

Category: Criminal Law | Date: | Hits: 47

Alaluddin Vs. State, 2003, 32 CLC (AD)

.... exchange of words between him and the victim in the fateful night, ends of justice will sufficiently be met if the sentence of death is commuted to one of life imprisonment. 6. On the other hand, the learned Deputy Attorney General appearing for the State con­tended before the High Co......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..

Category: Criminal Law | Date: | Hits: 36

Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)

....CJ Mahmudul Amin Coudhury J Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Azizul Huq alias Md. A. Aziz and others ...............Appellants Vs. Sree Purna Chandra Das alias Sree Purna Chandra Dhupi and another...............Respondents Judgment ...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ..

Category: Property Law | Date: | Hits: 32

State Vs. Abdus Satter and others, 2004, 33 CLC (AD)

....ccused, but enclosed with the F.I.R. a Photostat copy of a written statement of Sahiduzzaman, in which he stated that accused Respondent No.2 Md. Abdur Rahman attacked him and struck on his abdomen, hand and head with broken handle of a chair causing frac­tures on his head for which he was tre......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. ..

Category: Criminal Law | Date: | Hits: 35

Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)

....ria and Associates Ltd. 46 DLR (AD) 97. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sharifuddin chaklader, Advocate-on-Record-For the appel­lant. Khandker Mahbubuddin Ahmed, Senior Advocate (Ozair Farooq, Senior Advocate with him) instructed by M......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. ..

Category: Civil Law | Date: | Hits: 89

Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)

....ayer of the respon­dents challenging the sale deed dated 9.11.1989 W. P No. 4127 of 1992 challenging the self same deed is barred by the principles of con­structive res judicata. 7. On the other hand learned Advocate for the respondents relying on the gift deed, C. S. and S. A. khatinas rent re......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149...

Category: Tenancy Law | Date: | Hits: 148

Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)

....rom Indian and Pakistani Jurisdictions allowing pro forma pro­motion. These are all decisions based on appro­priate rules or circulars of respective foreign governments, inapplicable to the case in hand. The nearest that Mr. Shamsuddin Ahmed could lay his hands on is an office Memorandum of Cabine......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. ..

Category: Administrative Law | Date: | Hits: 138

Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)

....held that Defendant petitioner did not adduce any evidence to prove his other contentions made in the case under Order 9 Rule 13 the Code of Civil Procedure. The trial court of appeal on the other hand, allowed the appeal holding that the tax receipts Ext. A series were not proved in evidence ac......egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ..

Category: Procedural Law | Date: | Hits: 84

Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)

....injury or there was fracture or dislocation of bone etc. bringing it within the ambit of section 320 of the Penal Code. It is submitted that P. W. 3 claimed that he sustained injury in the left hand and was in hos­pital for 7 days, it is also claimed that the med­ical evidence has no...... 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. ..

Category: Criminal Law | Date: | Hits: 78

Arun Karmakar Vs. State, 2002, 31 CLC (AD)

....er ……………....Respondents Judgment February 3, 2002. Result: The appeal is allowed. Cases Referred to- Wahed Ali Dewan Vs. The State and others, 46 DLR (AD) 10; Sree Mangla Chandra Nandi Vs. Bangladesh, 17 BLD (AD) 33, Jharna Rani Saha Vs. Khondker Zayedul Haque, 52 DLR (AD......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..

Category: Criminal Law | Date: | Hits: 34

Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)

....d that the plaintiffs are entitled to get back possession under section 144 of the Code. 5. Rokanuddin Mahmud, learned Counsel appearing on behalf of plaintiff-respondent No. 1 on the other hand submits that the notice dated 29.12.1976 was issued by the appellants directing the plaintiffs......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ..

Category: Property Law | Date: | Hits: 31

Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)

....e of land situated at S. A. plot No. 774 of Khatian No. 1192 S. A. Khatian No. 2392 and S. A. Dag No. 5953, Hal Khatian No. 2393/3 of Mouza Shahar Dhaka. The respondent No. 1 assured that he would hand over vacant possession of the land and execute a sale deed on receiving balance of considerati......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ..

Category: Criminal Law | Date: | Hits: 45

Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)

....d from the P.W.2, P.W.1, Saker Ali opposed the accused No.1. Then the accused No.1 went to his house and again came with the other co-accuseds. Accused Emadul dealt an axe blow to P.W.1 aiming his hand in order to kill him. The blow hit the jaw of the P.W.1 Saker Ali and he fell down on the grou......tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 260. ..

Category: Criminal Law | Date: | Hits: 38

Misir Ali and another Vs. State, 2007, 36 CLC (AD)

....shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ..

Category: Criminal Law | Date: | Hits: 36

Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)

....le and possession of the suit land in favour of the plaintiffs which is not supported by the evidence and materials on record occa­sioning failure of justice. 9. Farid Ahmed on the other hand sup­ports the impugned judgment passed by the High Court Division submitting that the pla......fers legal infirmity and is liable to be set aside. The appeal is therefore allowed with­out any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ..

Category: Property Law | Date: | Hits: 25

Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)

.... enforcement of fundamental rights under Articles 27.29 and 31 of the Constitution was suspended in view of the state of emergency existing in the country. 11. M. Amirul Islam on the other hand with reference to and emphasis on the preamble, fundamental  principles of state policy a......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ..

Category: Employment/Service Law | Date: | Hits: 122