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Bashir Mia and another Vs. State, 2009, 38 CLC (AD)

....h map with index, Exts.10 and 11 seized alamat under seizure list Ext.2 and recorded the statement of the witnesses under Section 161 of the Code of Criminal Procedure and also produced the accused persons before the Magistrate, 1st Class where both the accused persons made confessional state­......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ...... no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ..

Category: Criminal Law | Date: | Hits: 41

Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)

....e cases of teach­ers/ officers on extra-ordinary leave. Note: The representative of the Senate on a Tribunal under this Statute, shall be chosen by the Syndicate from a panel of six persons nominated by the Senate for the purpose in order of pref­erence in which the Senate ...... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismiss­ing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......Case is also Reported in: II ADC (2005) 334. ...... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismiss­ing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ..

Category: Employment/Service Law | Date: | Hits: 69

Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)

....he Agricultural Department and as such plaintiffs can not have any claim in respect of .17 acre of land, that out of 1.15 acre of land of Plot N. 685 Khemankari Devi transferred .24 acre of land to 4 persons who are the parties in the suit and as such plaintiffs by their purchase from Barada Kanta C......view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......ccordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ..

Category: Property Law | Date: | Hits: 45

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. ......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. ...... p. 592; Collector of Customs, Chittagong Vs. A Hannan, 42 DLR (AD) 167; M/s. Mohammad Brothers Vs. The Collector of Customs 16 BLD (AD) 83; Zahirul Islam Vs. National Bank Ltd. 46 (DLR) (AD) 191; Nagina Silk Mills Ltd. Vs. Income Tax Officer 15 DLR (SC) 181. Lawyers Involved: S. M. Zillul H......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. ..

Category: Trust/Waqf Law | Date: | Hits: 190

Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)

....and Altaf were arrested. They made confessional statements admitting the commission of dacoity. The criminal case, being Sessions Case No. 303 of 1983, however ended in an acquittal of the accused persons by the 1st Court of Assistant Sessions Judge, Khulna by judgment and order dated 30-3-85. A......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. ......ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Trading Corporation of Bangladesh, rep­resented by its Chairman…………..........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. ..

Category: Employment/Service Law | Date: | Hits: 69

Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)

....8.1999 and he made confessional statement implicating himself and appellants and Idris. Thereafter the Case was investigated further and supplementary charge sheet was submitted against 10 accused persons including the present two appellants under section 302/34 of the Penal Code. The trial cour......re the court regarding the occurrence. So no reliance can be placed on their evidence. Therefore, there remains only the evidence of P.W. 20, the approver witness who as submitted earlier is a very interested person and made confessional statement in one sitting in 23 cases including the present......ty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ...... 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. ..

Category: Criminal Law | Date: | Hits: 45

Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)

....id not make any claim for compensation earlier. 5. Upon the said applications the Additional Land Acquisition Officer started Misc. Case No. 4 of 1979. He signed notices for service upon the persons who had already received provisional compensation and in whose presence the matter was nec...... 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. ......J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - For the Appellant...... 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. ..

Category: Property Law | Date: | Hits: 28

Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)

....me of power failure was recorded there at 8.05  A. M. on 28.11.88. 11. The High Court Division found that the exhibits 4.5.7 and 24 referred to above were made and written to different persons by the plaintiff disclosing the date and time of the occurrence of power failure fresh from......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."  ......d shall be upon the insured."  ......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: 135

Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)

....spondent Nos. 1-5 (that is writ petitioners) and whether the advertisement for recruitment of kanungo has affected the right of the respondents in any adverse manner and whether they are aggrieved persons. 8. Mr. Fida M. Kamal, the learned Additional Attorney General appeared on behalf of...... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......n: II ADC (2005) 87. ...... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ..

Category: Civil Law | Date: | Hits: 117

Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)

....eloping 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 allotment of some land ......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. ...... 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......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. ..

Category: Property Law | Date: | Hits: 30

Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)

....fee on the value of his claimed share in the suit plot, the decree would be more effective and beneficial if the entire land of the suit plot was included in the sched­ule and all the necessary persons were impleaded as parties in the suit and thereupon a prayer was made for a separate saham ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......sts. Ed. This Case is also Reported in: II ADC (2005) 30. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..

Category: Property Law | Date: | Hits: 56

Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)

....ict Jamalpur and upon his application, Ministry of Law, Justice and Parliamentary Affairs on 2.11.1999 appointed him as Nikah Registrar for the said Goalerchar Union on temporary basis; four other persons namely Kh. Matiur Rahman, Md. Liakat Ali, Md. Shafiqul Islam and Md. Abdul Hannan were also......der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ...... aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ..

Category: Civil Law | Date: | Hits: 133

Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)

....8 series and produced 5/6 dakhilas. She categorically said that after death of Jonab Ali in the year 1978 she herself used to look after the property and erected Tin shed upon the suit land and her persons were residing there and after death of Jonab Ali his son and other defen­dants falsely ......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......estored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ..

Category: Property Law | Date: | Hits: 31

Md. Hamidur Rahman Vs. State, 2009, 38 CLC (AD)

....ence case is that of innocence and false implication at the instance of unknown enemies of the appellant. 5. The trial Court after recording evidence of 7 (seven) P.Ws. examined the accused persons under section 342 of the Code of Criminal Procedure when they stated nothing besides usual ......terial aspects of the case and arrived at a correct decision.  The petition is dismissed.         Ed. This Case is also Reported in: ......cision.  The petition is dismissed.         Ed. This Case is also Reported in: ......terial aspects of the case and arrived at a correct decision.  The petition is dismissed.         Ed. This Case is also Reported 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: ...... this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......niversity of Dhaka, received a show cause notice on 12.6.2007 from the Member Secretary of Fake Student Investigating Committee, Dhaka University to show cause as to why his admission and all other educational activities should not be cancelled on the allegation that he has obtained admission in ..

Category: Civil Law | Date: | Hits: 103

Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)

....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. ......za near Boharampur, Dohakul Mouza, chhaibari Mouza, near chhaibari Bazar unanimously. The Chairman of the Union Parishad sent the said resolution to the respondent No. 4 on 04.04.2004. One of the interested inhabitants of Baharampur village gave an undertaking of gift away 0.50 acre of property......lso Reported in: VI ADC (2009) 297. ......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

Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)

.... filed by these petitioners".   Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ......and should stand in the same footing with the ordinary litigant. The learned Additional Attorney General submits that the Government files move slowly and some times this is done at the behest of the interested party. In this connection the case of Sonar Bangla Service Station Vs. Government of the ......wed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ...... filed by these petitioners".   Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 241

Simon Singh Vs. State, 2008, 37 CLC (AD)

....ccurrence. 12. We have heard the learned Advocate for the petitioner and perused the materials available in record, the prosecution found to have proved its case by natural witnesses including the persons, who caught him at the place of occurrence including the person who sustained 'chura' blow a...... 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. ....... Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ...... 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. ..

Category: Criminal Law | Date: | Hits: 47

Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)

....the appeal to represent the appellant submitted upon meticulously placing all the relevant orders and memos of the Government that there might have been some confusion in the matter of treatment of persons who had lost their jobs due to administrative reorganization including the respondent but ......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......DC (2004) 596. ......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ..

Category: Employment/Service Law | Date: | Hits: 119

Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)

....tion of parties for a dilatory purpose. The learned trial Court rightly rejected the same by assigning appropri­ate reasons and there is no ground to interfere with the impugned order. The said persons are neither necessary nor proper parties and the Court has no jurisdiction to add them as p......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......uted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ..

Category: Others | Date: | Hits: 95