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Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ...... with fine instead of maximum of two years along with fine, the highest punishment provided for under section 471 being two years of imprisonment, and also considering the circumstance on record, the period of sentence reduced to the period already undergone and remitting the sentence of fine……â..Category: Anti-Corruption Laws | Date: | Hits: 71
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ......nal District Judge, Jessore, however, found that the parts was not executed by Pagal Rishi and it was never acted upon and that the plaintiffs had never possessed the suit land at any time within a period of 12 years of filing of the suit while the defendants had been in possession of the dispute..Category: Property Law | Date: | Hits: 49
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......priority of nomination. Respondent No. 1 is directly linked with the 12th, 13th and 14th Bohmong Chiefs who were his paternal grandfather, father and paternal uncle respectively covering a continuous period from 1923-1996. The appellant was senior in age to the 14th Bohmong Chief and was born on the..Category: Civil Law | Date: | Hits: 203
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ...... second show cause notice was issued to him. The reply not being satisfactory respondent No.3, by his order dated 23 February 1988, retired him compulsorily taking a lenient view considering the long period of his service. This was done in consultation with the Public Service Commission; Respondent ..Category: Administrative Law | Date: | Hits: 145
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
....e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ...... 1 of the agreement stipulates that on the basis of data to be submitted by the appellant, the respondent company would prepare 2,000 telephone and 1,000 telex bills on an experimental basis within a period of two months by using the computer of the Atomic Energy Commission and the contract between ..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....pointed by this Court to examine parties and the children, and take other relevant evidence relating to the present conditions of the children, and to submit a report to this Hon’ble Court by a stipulated date, and further or in the alternative, if the parties so agree, to appoint an agency ......riting to Abdul Jalil her present address and notify any change of residential address in future. 41. The father will have the right to visit the children at a conveniently agreed time, place and period on not more than three occasions in a week. The mother will have right to visit the eldest so..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
.... this agreement also speaks of handing over of possession to the plaintiff. In paragraph 5 there is a reference to the second agreement which was in confirmation of the first agreement wherein it was stipulated that the deed will be registered within six months after obtaining the necessary certific......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......n place of an order made by Tribunal No. 1 constituted under Bangladesh Bar Council debarring respondent No. 1 Mr. Khawja Abdul Gani, Advocate from practicing the profession of law before court for a period of five years for gross professional and other misconduct. 2. Mrs. Rowshan Ara Zabin respo..Category: Others | Date: | Hits: 105
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....session to the plaintiffs of the cultivable portion of the homestead. The defendant, however, refused to execute and register the kabala deed on receipt of the balance amount within Aswin, 1385 BS as stipulated in the oral agreement. 3. Defendant No. 1 denies the alleged contract and the payment......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ..Category: Property Law | Date: | Hits: 88
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......tion that the High Court Division exercises provided there is urgency in the matter. Pecuniary and other jurisdictions dividing the jurisdiction of single and division benches during the non-vacation period is obliterated during the vacation. The Single Vacation Judge is the repository of all manner..Category: Procedural Law | Date: | Hits: 138
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ...... not appointed by the Parishad but by some other authority of the Academy. As far as the Rules of 1985 is concerned it is true that it was merely adopted to deal with the employees during the interim period pending framing of its own Rules by the Academy under the Shilpakala Academy Act. In applying..Category: Employment/Service Law | Date: | Hits: 145
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......DLR 379 submitted that by the amendment in paragraph 8 of the election petition new facts have been introduced changing the nature and character of the election ion which is not permissible after the period of citation for filing the election petition. She also submitted that amended prayer portion ..Category: Election Law | Date: | Hits: 109
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ...... occasionally by procuring wood, by grazing cattle and by plucking cassian leaves they posses the suit land but the defendants categorical assertion is that they possess the suit land for a long period by constructing dwelling huts and residing therein. 16. P.W.1, who is plaintiff ..Category: Property Law | Date: | Hits: 76
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....s a very valuable right, could not be wiped out on the plea of expiry of the period validity. The learned Counsel further submitted that while selecting the appellant and others, in 1998, it was stipulated that they would be promoted against vacancies occurring upto 31.12.1999 and if the list w...... Court Division failed to appreciate the nature of the right which had accrued to the petitioner that could not be denied or defeated without reasonable reasons and the plea of the expiry of the period of validity was arbitrary and malafide which had no nexus with the objectiv..Category: Administrative Law | Date: | Hits: 130
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......ion in revisional jurisdiction and obtained a Rule being Civil Revision No. 1207 of 1999 against the judgment and decree passed in other Appeal No. 30 of 1994 and also obtained an order of stay for a period of 6(six) months. The respondent Nos. 3 and 4 also filed Civil Revision No. 1259 of 1999 agai..Category: Property Law | Date: | Hits: 57
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......orous Imprisonment for 5(five) years. 4. The petitioner being aggrieved by the aforesaid judgment of the Tribunal did not file any appeal before the High Court Division and after the statutory period of limitation he filed an application under section 561A of the Code of Criminal Procedu..Category: Criminal Law | Date: | Hits: 89
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......nd found that in case of reduction of the post and pay scale of an Employee Rule 58 of the Regulation applies according to which imposition of a penalty of reduction in rank may be made for specified period. But in the order complained of no such period being mentioned it could no be sustained in la..Category: Anti-Corruption Laws | Date: | Hits: 83
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ......unishable under Sections 302/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life and also to pay a fine of Tk. 2,000/- each in default to suffer R. I. for a period of 2 years more as passed by the learned Additional Sessions Judge, 3rd Court, Rajshahi, in s..Category: Criminal Law | Date: | Hits: 99
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......r section 304 Part-1 of the Penal Code and sentenced him to suffer rigorous imprisonment for 10 years and to a pay fine of Tk. 3000/-in default to suffer rigorous imprisonment for a further period of three months. The appellant and others preferred Criminal Appeal No. 2777 of 1998 before t..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ......ear bonus. It could not be conceived that a company of the appellants standard would leave the unpaid overtime due or the respondent shall also keep the same due for such an inordinate long period and there is nothing on recede that the respondent even claimed those amount so long. From th..Category: Labour and Industrial Law | Date: | Hits: 130
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