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Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......sed have since been dismissed by a Single Judge of the High Court Division by the impugned judgment and order dated 17 June, 1996. 4. The case started upon an FIR dated 3.11.87 lodged by the Assistant Inspector, Bureau of Anti Corruption, Barisal stating that accused (1) Sekander Ali Howla..Category: Criminal Law | Date: | Hits: 44
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......e of-imprisonment for a period of 5 years and to pay a fine of TK. 5,000/-, in default, to suffer rigorous imprisonment 6 months more modifying the judgment and order dated 12.8.1997 passed by the Assistant Sessions Judge, Rajbari in Sessions Case No. 27 of 1996 (arising out of Rajbari P.S. Case..Category: Criminal Law | Date: | Hits: 23
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......99 making the Rule absolute. 2. Short facts are that the writ petitioner joined the service of Bangladesh Shipping Corporation (shortly BSC) as Probation Officer in 1979. He was confirmed as Assistant Manager in 1980 and was promoted as Assistant General Manager on 02.04.1988. Thereafter, ..Category: Employment/Service Law | Date: | Hits: 91
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......afide requirement. Thus, we do not find any reason to uphold the judgment and order of the learned Single Judge and accordingly we set aside the same and restore those of the learned S.C.C. Judge and Assistant Judge and decree the suit". 20. Fact of the aforesaid case is that landlord instituted ..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ......shy;tending that in both the suits the subject matter and the parties being almost same and issues 'being substantially same the subsequent suit is required to be stayed. But the learned Assistant Judge rejected the petition by order dated 16.8.1993. 4.The petitioner as against t..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......the same. The appeal was filed against the judgment and decree dated September 21, 1993 (inadvertently in the leave granting order it has been written September 4, 1993) of the Court of Senior Assistant Judge, Sadar, Pabna in Other Class Suit No. 28 of 1993 decreeing the same with costs. ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, 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. ......e light of an order passed in Civil Revision No. 1207 of 1999. The Civil revision was pending at the relevant time. 3. Respondent Nos.2 and 3 filed Other Suit No. 280 of 1987 in the Court of Assistant Judge, Chittagong (subsequently renumbered as Other Suit No. 25 of 1992) seeking declarat..Category: Trust/Waqf Law | Date: | Hits: 190
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
.... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ......t list and in the said seniority list the writ petitioners have been placed on the top of the list who also appeared before Padannoti Nitimala committee to consider their promotion from the post of Assistant General manager to the post of Deputy General manager and from the posts of Senior princ..Category: Employment/Service Law | Date: | Hits: 81
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......gle Bench of the High Court Division in Civil Revision No. 2633 of 2004 making the Rule absolute. 2. Short facts are that the petitioner filed Election Petition Case No. 3 of 2003 in the Court of Assistant Judge, Muladi, District-Barisal and Election Tribunal for declaration that the election of..Category: Election Law | Date: | Hits: 162
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ......ent and order dated 26.06,2004 passed by the High Court Division in Civil Revision No. 2103 of 1992 making the Rule absolute reversing the judgment and decree dated 30.04.1992 passed by the Senior Assistant Judge, Nalitabari in Other Class Suit No. 90 of 1991. 2. The respondent No.1 as pl..Category: Property Law | Date: | Hits: 51
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......etitioners are senior to the opposite party Nos. 4-11 in the post of Senior Accountant under the T & T Board and they are entitled to be considered for promotion to the post of Accounts Officer/Assistant Director (Acctts) prior to the opposite party Nos. 4-11 who are junior to them in the ser..Category: Administrative Law | Date: | Hits: 125
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......ench of the High Court Division in Civil Revision No.3857 of 1998 making the Rule absolute. 2. Short facts are that the petitioner instituted Title Suit No. 12 of 1994 in the Court of Senior Assistant Judge, Faridpur Sadar for declaration of his title and recovery of khas possession and al..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......6 passed by the learned Subordinate Judge (now Joint District Judge), 2nd Court, Jessore in Title Appeal No .24 of 1995 allowing the appeal upon reversing the judgment and decree passed by learned Assistant Judge, Chougancha, District-Jessore in Title Suit No.57 of 1987(subsequently re-numbered ..Category: Property Law | Date: | Hits: 39
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... out of judgment and order dated 26m April, 2004 passed by this Division in Civil Appeal No.21 of 1999. 2. The petitioners as plaintiffs filed Other Class Suit No.593 of 1984 in the Court of Assistant Judge, Kendua for declaration of title and also for recovery of possession in part by ame..Category: Property Law | Date: | Hits: 46
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......5 passed by a Single Bench of the High Court Division in Civil Revision No. 2898 of 1999 making the Rule absolute. 2. The petitioner filed Title Suit No. 41 of 1986 in the Court of learned Assistant Judge, Sadar, Jessore praying for permanent injunction and also for eviction of the defe..Category: Property Law | Date: | Hits: 37
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......e determination of which a separate forum has been created by a special law, namely the Local Government (Union Parishad) Ordinance, 1983, briefly the UP Ordinance. All the courts below namely, the Assistant Judge, the Additional District Judge and a Single Judge of the High Court Division answere..Category: Election Law | Date: | Hits: 173
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......alist of the Centre, who was first to examine her and also with the injuries found on her dead body by P W 16, who held autopsy on it at Sher-e-Bangla Medical College Hospital on 11-12-83. P W 15, an Assistant Sub-Inspector of Police, who held inquest on the dead body before he sent it for post-mort..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......tice of this rule was served upon the Ministry of Public Works and Urban Development of the Government of Bangladesh being impleaded as respondent No.1 and although Mr. Qazi Shafiuddin, the learned Assistant Attorney-General, has entered appearance and filed power on behalf of the Ministry, accord..Category: Property Law | Date: | Hits: 32
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......50 of 1992 condoning the delay in filing the appeal and thereupon making order for registration of the appeal. The appeal was filed against the judgment and decree dated 14.8.1991 of the 1st Court of Assistant Judge, Dhaka in Title Suit No. 133 of 1991. The suit was filed seeking declaration that th..Category: Limitation Law | Date: | Hits: 205
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
.... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......though the said Oliur Rahman was a fictitious person and in the account the amount deposited was manipulated to Tk. 35,100/- writing figure '35' before 100 in the ledger book signed by Majibul Hoque, Assistant Post Master and the petitioner as a ledger clerk and on 09.01.1980 on further fictitious p..Category: Criminal Law | Date: | Hits: 50