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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
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......ent passed by the High Court Division submitting that the plaintiffs succeeded in proving their title and possession in the suit on the basis of inheritance as heirs of Kurban Ali. 10. It is noted on careful perusal and examination of the materials on record that the land of the suit ..Category: Property Law | Date: | Hits: 25
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......um, title deed, affidavit, power of attorney, deed of agreement and other connected documents together with original documents as collateral security. Defendants also executed promissory note, demand promissory note, letter of disbursement, letter of guarantee and other charged do..Category: Banking Law | Date: | Hits: 97
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......he state of emergency in the country should not be taken to have barred enforceability of the fundamental rights envisaged in the aforesaid Articles of the Constitution. 12. It is noted that both the writ petitioners as well as the writ respondent Nos. 4-17 are the members ..Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....ostafizur Rahman Vs. Government of Bangladesh and others, 51 DLR (AD) 40 and rectified the same in the light of the law laid down in the aforesaid case of Mizanur Rahman. 8. In the case in hand, the question of general exemption of customs duty under section 1 9 of the Customs Act is not......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....ale certificate in favour of auction purchaser petitioner on payment of outstanding amount of Tk. 2,99,50,000/- towards customs duties, VAT and other charges at the rate of 39.53% and also to hand over the vessel M.V. Vishva Kaumudi to them subject to destruction of the rice on board the sa......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....ayed the opposite party No.1 would have destroyed the case shop and made necessary change to the shop before the dispute regarding possession of the land was resolved. 17. On the other hand it was submitted on behalf of the respondent-opposite party No. 1 that the petitioner wit......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..Category: Criminal Law | Date: | Hits: 32
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....ral Tenancy Act against the petitioner and opposite party Nos. 21-22 praying for pre-emption of the land of kabala dated 30.03.1986 alleging that the suit property originally belonged to Chandra Kumar, Banomali, Ramchandra and Raimohan and it was recorded as such in the R.S. record. Rai......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ..Category: Property Law | Date: | Hits: 28
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....ith documentary evidence but the respondents did not consider the said reply of the petitioner with a malafide intention to remove him from the offence of the Union Parishad Chairman. On the other hand, from the materials on record it appears that all the members did not voluntarily sign on atte......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 32
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....iyan, learned Counsel appearing for the appellants, submitted that confiscation is a penalty and therefore the order of confiscation is hit by Article 35(1) of the Constitution. 16. On the other hand, Zahurul Islam Mukul, learned Deputy-Attorney-General, submitted that confiscation is not a pen...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..Category: Anti-Corruption Laws | Date: | Hits: 294
Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)
....03 passed by the Magistrate, 1st Class, Tangail, in Case No.88 (4) 94 88(4)94/36(4)95 under Section 145 of the Code of Criminal Procedure directing the Officer-in-Charge, Nagarpur Police Station to hand over possession of the case land of the 1st party respondent and restraining the petition......has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ..Category: Civil Law | Date: | Hits: 92
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....hat the case land originally belonged to A. M. Nasiruddin, son of A. M.A. Wadud, who sold out the same to one S.M. Sami Alam son of Late Moulovi S.M. Hossain by registered kabala dated 28-12-1965 and handed over the possession of the said property to him. S.M. Sami Alam constructed a tin-shed hous......llant hopelessly failed to prove his case, so there being no substance the appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ..Category: Tenancy Law | Date: | Hits: 155
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....lop for the purpose of setting up of their own industry. If the case land is acquired they will be thrown out on to the street. The writ respondent No.5, M/s. Molla Industrial Estate, on the other hand has 3.49 acres of land in the vicinity of the case land on the other side of Dhaka-Chittagong ......ve heard the learned lawyers for both the appellants and respondents in support of their contentions against and in favour of the impugned judgment of the High Court Division. 8. It is noted from the record that the writ respondent No. 5, Molla Industrial Estate, as the requiring bod..Category: Property Law | Date: | Hits: 42
State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)
....spondent No. 2 Jasimuddin Bulbul under section 302/34 of the Penal Code by the trial court when all the eye-witnesses consistently deposed that accused Jasimuddin Bulbul after taking the gun from the hand of his father shot at Kalu and Ashraf causing death of Kalu and injury to Ashraf Ali and the po...... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ..Category: Criminal Law | Date: | Hits: 38
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