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Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)

....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......e of abetment under section 109 of the Penal Code can lawfully be applied in respect of schedule offences under the Anti-Corruption Commission Act, 2004 in appropriate cases. 12. On perusal of the record, it appears further that the trial Court issued process against the accused-petitioner and al...... the learned Advocate appearing on behalf of the accused-peti­tioner, submits that in order to constitute an offence under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004, prior service of notice on her is a pre-condition. Without asking for statement of wealth, no offence can ..

Category: Criminal Law | Date: | Hits: 100

Buxly Paints (Bang­ladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)

....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......€¦â€¦â€¦â€¦â€¦...Appellant Vs. Bangladesh…………………Respondent Judgment August 19, 1977. Result: The appeal is allowed. Lawyers Involved: Abdur Rab-II, Advocate-on-record - For the Appellant. Sultan, Hossain Khan, Deputy Attorney Ge­neral, with B.C. Roy Chowdh......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266...

Category: Property Law | Date: | Hits: 79

Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)

..... Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......error in taking the view that the alleged forcible entry into the butt belonging to the appellant did not constitute criminal trespass, inasmuch as this finding cannot be justified on the evidence on record. Appa­rently, this finding is based on considera­tion of the CS Khatian Exhibit C where­in....... Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262...

Category: Criminal Law | Date: | Hits: 94

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......n respect of a Government servant concerned. It the case has been referred to by any Government agency then under rule 7 (1) the Board shall direct the agency to appear before the Board with relevant records and witnesses. Sub-rule (2) provides that the Board shall examine the records and witnesses ...... 2. The appellant filed a writ petition challenging an order of dismissal passed on 26.11.73. Facts giving rise to the proceeding are as follows: The appellant was holding a civil post in the services of the Republic as a Civil Engineer. He completed his 55 years of age on 31.1.73. He applie..

Category: Employment/Service Law | Date: | Hits: 107

Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)

....gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......to the Arms Expert. In view of the palpable defect in the prosecution case the order of conviction and sentence was wholly illegal. The learned Judges of the High Court Division on examination of the record arrived at the finding that the alleged recovery of the pistol from the possession of the app......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310...

Category: Criminal Law | Date: | Hits: 91

Bangladesh Biman Corpo­ration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)

....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ...... Badrul Balder Chowdhury J.- These two appeals by special leave arise out of an Order passed by the High Court Division in Writ Petition No.479 and 538 of 1978 declaring that the termination of the services of the Respondents have been made without lawful authority and are of no legal effect. L..

Category: Employment/Service Law | Date: | Hits: 123

New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......e land in favour of a different person namely, M/s. Union Agency Ltd. under a registered deed of relinquishment. A mutation case, being case No.2/1 of 1950-51, was filed by M/s. Union Agency Ltd. for recording its name as owner in possession of the land. After not­ices were served upon parties conc......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303...

Category: Property Law | Date: | Hits: 87

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

....ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ......ct Registry, it became clear that deed No.30 dated 22.04.1864 is indeed a Waqf deed written in Persian and appears at pages 63-67 of Volume No.1 of 1864. The deed is contained within the volume which records Wills and the par­ticular deed No.30 is a deed of Wakfnamah dated 22.04.1864 which was regi......section shall be the average market value according to the disposi­tion of properties of a similar description and with similar advantages in the vicinity during the five years preceding the date of service of notice under clause (a) of sub-section (4) of this section: Provided further that in a..

Category: Property Law | Date: | Hits: 106

Md. Jalal Hossain Mollah Vs. Md. Azizur Rahman and others, 2012, 41 CLC (AD)

..../- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordant with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 430. ....../- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordant with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 430. ....../- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordant with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 430. ..

Category: Procedural Law | Date: | Hits: 81

M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)

....ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ..

Category: Procedural Law | Date: | Hits: 75

Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)

....the departmental proceeding against this peti­tioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......the departmental proceeding against this peti­tioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......e of the petitioner on contest. 2. The present respondent Md. Khorshed Ali Talukder filed the above mentioned Administrative Tribunal Case No.47 of 2002. His case, in short, was that he joined the service as Sub-divisional Agriculture Officer on 22.07.1970. That while he was serving as Principal ..

Category: Administrative Law | Date: | Hits: 263

Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)

....urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......ment and order of the High Court Division the heirs of original pre-emptee Lal Miah have filed this civil petition for leave to appeal. 10. We have heard Mr. N. I. Bhuiyan, the learned advocate-on-record for the peti­tioners and Mr. Zainul Abedin, the learned advocate-on-record for the responden......urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ..

Category: Property Law | Date: | Hits: 98

Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)

....ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196....... 3. The police produced the petitioner before the Court of learned Chief Metropolitan Magistrate who sent the petitioner to the custody on 10.9.2004. The police took up the case for investigation and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Having......ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196...

Category: Criminal Law | Date: | Hits: 92

Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)

....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......; that the people of the locality were afraid of him and nobody dared to speak against him and that some days before also he along with his gang, created reign of terror at Magurkhali Bazar which was recorded in a General Diary in the respective police station; that the accused Kartick gave the info......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ..

Category: Criminal Law | Date: | Hits: 143

Most. Sufia Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....itle Suit No.48 of 1986 are hereby affirmed. Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 130. ......eacefully. It has been further alleged that she paid the rent to the ex-landlord who executed the rent receipt year to year in her favour. But during the S.A operation she could not get the suit land recorded in her name which has been erroneously recorded in the name of the Government (defendant No......itle Suit No.48 of 1986 are hereby affirmed. Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 130. ..

Category: Property Law | Date: | Hits: 82

Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)

....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......and concern as before and that the claim of the plaintiffs is false and defendant prayed for the dismissal of the Suit. 4. The learned trial Court on consideration of the evidence and materials on record by his Judgment and decree dated 30.09.1997 dismissed the suit. As against that the plaintiff......ng huge amount of money from his own fund and that even after death of her, Santo Kumar Kuri was authorised to perform all religious and spiritual function etc. and that she being satisfied with such services of Santo Kumar Kuri out of her own accord she gifted the suit land in favour of Santo Kumar..

Category: Civil Law | Date: | Hits: 103

Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)

....e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......a police station against the appellants on 14.11.2007 bringing allegations of keeping expired medicines of different brand and items in their respective pharmacies for the purpose of sale. The police recorded the case and after investigation submitted charge sheet on 15.2.2008 against the appellants......e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 99

Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)

....ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......ion and by the judgment and order dated 27.07.1979 the High Court Division sent back the case to the appellate court below with a direction to dispose of the appeal on merit, but after receipt of the records by the lower appellate court the records of both the Title Appeal No.38 of 1971 and the conn......ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400...

Category: Property Law | Date: | Hits: 75

Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)

....at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......d. It appears that both the appellate court below and the High Court Division have deeply considered this allegation of the contesting defendant No.31 and on meticulous examination of the evidence on record and facts and circumstances found that there was no evidence at all to prove that the decree ......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394...

Category: Property Law | Date: | Hits: 72

Muktarpur Matashajibi Samabaya Samity Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....d of the High Court Division, be communicat­ed to the Chief Judicial Magistrate, Sunamganj for taking action as per direc­tion made above. Ed. This Case is also Reported in: 9 ADC (2012) 390. ......e. He further submits that it is apparent from the copy of the lease deed, produced by the petitioner in support of his claim, that his lease seemingly for the years 1416-1420BS is on the face of the record a for­gery where the figure "20" has been insert­ed in a small gap in between the figure "à......d of the High Court Division, be communicat­ed to the Chief Judicial Magistrate, Sunamganj for taking action as per direc­tion made above. Ed. This Case is also Reported in: 9 ADC (2012) 390. ..

Category: Property Law | Date: | Hits: 90