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Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....ssain an employee of Zaman and Company on 11.09.1996 at about 3.45 P.M. was returning with his companions to Narayanganj officer with sale proceeds of cigarette and while reached Eidgah field, four persons obstructed his way and tried to snatch away key of the van which was carrying them and......d. Farhad Hossain is also an employee there P.W. 3 Kashem Jamal is Managing Director of the said company and as such the witnesses being employees/Director of the informant company are highly interested and therefore, the High Court Division committed illegality in discarding their evi......ances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 52
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....alia that the respondent No. 2 was not entitled to pay scale of Tk. 470-1135 without obtaining a second class mastership certificate, that the respondent No. 2 with the help of interested persons some how managed certain in his service book showing that he was plying a B- Type vessel an......ding inter alia that the respondent No. 2 was not entitled to pay scale of Tk. 470-1135 without obtaining a second class mastership certificate, that the respondent No. 2 with the help of interested persons some how managed certain in his service book showing that he was plying a B- Typ......ind no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ...... allowing the appeal i. e. Civil Appeal No.151 of 2000 observed "although there is a will but unless and until it is proved in accordance with law, on the face of objection raised by any interested party (herein the appellant) a Probate cannot be granted on compromise and it is not per......question and prove it by adducing evidence". There is no order as to cost. Ed. ......e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 62
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....ed assaulted Ataur Rahman Toni on his head with the pistol lying in his hand and accused respondent Obaidul Huqe assaulted Ataur Rahman Toni indiscriminately with hokey stick and other accused persons assaulted him with hockey stick causing multiple injuries and the while mother of Ataur Ra......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......oner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... and asked him not to make such abuse with filthy language for a jack fruit and .at one stage it turned into a severe altercation between them and on hearing the hue and cry, the other accused persons including the petitioners came to the place of occurrence with arms in their hands and...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......vibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....oad. At that time the informant and his brothers P.Ws. 2 and 3 on hearing alarm rushed for the rescue of their brother Hafez Shaikh Md. Abdul Wahed and when they reached at Haji Mohsin Road accused persons threw Bombs towards them. Said hafez Shaikh Md. Abdul Wahed had no other alternative but to......ed order of conviction based on the so called dying declaration is illegal and as such it is liable to be set aside. The High Court Division erred in law in relying upon the only evidence of interested witnesses in this case. Moreover, the so-called dying declaration was not recorded in ac......, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
....rder passed by the Special Tribunal No. 2 Bogra. 5. Mr. Md. Nawab Ali, the learned Advocate-on-Record for the accused petitioner submits that this case was concocted by some interested persons and no black Indian alachi was found and the alleged alachi found in the bag is very much a......gment and order passed by the Special Tribunal No. 2 Bogra. 5. Mr. Md. Nawab Ali, the learned Advocate-on-Record for the accused petitioner submits that this case was concocted by some interested persons and no black Indian alachi was found and the alleged alachi found in the bag is ......the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......cussion made above, the appeals are dismissed without any order of to costs. Ed. ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....ey did nothing, that the lower appellate Court as well as the trial Court were in error in decreeing the suit upon placing reliance on the evidence of P.Ws. 2 and 3 only because of their being aged persons instead of considering the quality of their evidence. 9. The admitted position......er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....tlement Jitu Mondal enjoyed the land so taken settlement by groring crops and that also paid rent, that Jitu Mondal died leaving 2 sons, 2 daughters, and by amicable partition amongst the said persons Jitu Mondal's son Gudar Ali relinquished his right in respect of the land of plot No. 837, ...... case of 'Istafanama' by Jairuddin. The appellants tried to establish their case of settlement through the evidence of D.W. 3. It has also been mentioned hereinbefore that he is not a disinterested witness, rather interested witness being nephew of Jitu Mondal through whom the defendan......it in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....r to protect the Government arms and ammunitions and the Government properties the Ansars opened bank fire and the miscreants started firing from all sides on the Ansars and consequently four persons were killed. But the writ petitioner respondent was not in any way connected with that......08.2002 and that he did the job peacefully and after removal of the unauthorized elements fifteen Ansars were engaged for guarding the area for safety and security and thereafter the eviction interested quarters filed a few eases with the police station and on 15.08.2002 some miscreants att......dy for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..Category: Others | Date: | Hits: 97
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....nt namely: (a) Chairman; (b) The Managing Director; (c) seven Officials; and (d) two non-officials. (2) The Chairman shall be appointed for amongst persons who are not in the service of the republic. Article 8 of P.O. 27 of 1973 was amen......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......es interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 90
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....er the submission that the actions complained of in the suit are on the face of the plaint itself in respect of two employees of the High Court Division of the Supreme Court of Bangladesh who were persons in the service of the Republic and as such from the statements of the plaint itself the sui...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ......nd this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....ia belonged to Shibnath Ghose predecessor of defendant No.1 and 2, Nemai Chandra Ghose, predecessor of defendant No.3 and Bishnupada Ghose, defendant No. 4. The plaintiff by exchange with aforesaid persons got the said property by way of exchange of his 'Ka' schedule property in India in 1949 AD.......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......res interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......ment of the appellate tribunal only either of the parties may seek remedy under writ jurisdiction and accordingly the appellant not being a party in the proceedings before the Labour Court, though interested in the result of the proceedings, has no locus standi to invoke writ jurisdiction direct......he Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 131
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
.... take delivery of the fertilizer from the Zia fertilizer factory and that also did not get the amount of the Demand draft and in that state of the matter Bank filed the suit impleading as many as 7 persons as defendants. It is seen from the materials on record that defendant No......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......g with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 129
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
....sed No. 4 and some other accused also assaulted the informant's brother Delower Hosain to murder him and similarly Fariduddin Munshi, A. Jabbar Munshi, Eshak Gazi were also assaulted by the accused persons and the police getting information came to the place of occurrence and recovered aforesaid ...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....upon Sentu with a pistol. Sentu fell down and thereafter accused Aslam Uddin alias Sahin also fired upon Sentu by a kata rifle but the same missed him. It was further alleged that the other accused persons kept their guns fixed on Sentu who died then and there. Having achieved their objective, t......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......missioner, Dhaka and another…………… …...Respondents. Judgement January 14, 2004. Lawyers Involved: Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-On-Record- For the Petitioner Not represented- Responde......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 102
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....ect for ethics and values would choose to be away from the education institutions financed by the State out of the tax papers money and by that the education institutions would be happy home of the persons who have no respect for the ethics and values of the profession. In the background ......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ...... aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......e to observe that the materials on record show things which are highly deplorable and deprecatory. The materials and the totality of the matter show how low the ethics and the values of the highest educational institution have gone and this reflects the prevailing situation in other arena also. ..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....plaintiff from the land in suit in 1979 during the pendency of Title Suit No. 626 of 1975. The law is now settled that a judgment whether inter parties or not may be conclusive evidence against all persons of its existence, date and legal effect, as distinguished from the accuracy of the decision......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......here is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ..Category: Property Law | Date: | Hits: 48
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