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State Vs. Abu Musa @ Musaya @Shapir Bap & ors, 2001, 30 CLC (AD)
.... and on this very account the leave petition must be rejected. Upon evidence on record a different conclusion might be arrived at from those upon which the High Court Division acquitted the accused persons and on such ground this Division did not interfere. &......ed persons. This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81. ...... Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81. ......ed persons. This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81. ..Category: Business or Commercial Law | Date: | Hits: 99
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... or altering streets. Providing open spaces for purposes of ventilation or recreation, demolishing or construction buildings, acquiring land for the aforesaid purposes and for the re-housing of persons displaced by the execution of improvement schemes and otherwise as hereinafter appearing.&...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ......53 DLR (AD) (2001) 79. ...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ..Category: Property Law | Date: | Hits: 56
Mustafa Zamil Ahmed Vs. Governor of Bangladesh Bank and others, 2001, 30 CLC (AD)
.... allegation made by the Assistant Manager, Security, Bangladesh Biman that valuable Bank securities were stolen from the strong room of the cargo godown of theirs, the Cantonment police arrested 6 persons including the petitioner and recovered travellers cheque valued US dollars 5,93,000.00 equi......it is of criminal nature. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 66. ......bsp; Mahmudul Amin Choudhury J &n......it is of criminal nature. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 66. ..Category: Business or Commercial Law | Date: | Hits: 83
State Vs. Shahjahan, 2001, 30 CLC (AD)
.... as soon as Mahfuz entered inside the hut accused Akbar caught hold of his hair by one hand and pressed his mouth by the other hand and thereupon ordered Shahjahan to kill Mahfuz and other accused persons caught hold of Mahfuz and then accused Shahjahan struck him by a double edged dagger in his......ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ......oner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ......ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ..Category: Criminal Law | Date: | Hits: 55
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....hman). 2. The prosecution case, in short, is that Shiriu Kona Biswas lodged a first information report on 18-9-1995 at 22-15 hours at Motbaria Police Station against 8 accused persons on the allegations that on 9-8-1995 at about 11-00 AM she went to Barisal BM College to pr...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......sp; Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ..Category: Criminal Law | Date: | Hits: 72
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....ty list of the said three shops in canceling maintaining of previously existing combined seniority list and thereby upon depriving petitioners of the secured right of being promoted to Pay Group V persons junior to them have been promoted to Pay Group V. 11. As against the ......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......Case is also Reported in: 53 DLR (AD) (2001)31. ......gulation 12 is relevant and the same is: 12. Promotion.- (1) An employee of the Corporation will be eligible for promotion to a higher vacant post provided he possesses the requisite educational, technical and other qualifications required for such higher post and is considered fi..Category: Employment/Service Law | Date: | Hits: 63
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ......ection 21 of the Ordinance and that the report of Delimitating Officer which was sent to the Ministry Local Government and Co-operative was arbitrary and that it was prepared at the instance of me interested quarters. 5. The Rules issued in Writ Petitions were contested by t...... Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Miah Lutfi Hossain Kasru and others...........................o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ..Category: Election Law | Date: | Hits: 111
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......6, 41, 47 DLR (AD) (1995) 167 ......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ..Category: Constitutional Law | Date: | Hits: 182
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....f his head and put it downward and accused Golap gave a blow on his back. Then accused Golap gave 8/9 more Dao blows on him and at that time he fell down and feigned as if he was dead and the accused persons went away According to this witness, the occurrence took place about 200 yards from his hous......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......ved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..Category: Criminal Law | Date: | Hits: 49
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....azette Notification dated 1.3.87 the Government constituted a 4‑Member Enquiry Committee (a) to determine the reasons of the incident that took place on the 19th February, 1987; (b) to identify the persons responsible for the incident and (c) to enquire into any other matter which the Committee th......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138...... Ed. This case is also reported in: 47 DLR (AD) (1995) 138......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....e ruling party to introduce a bill to the Parliament for amending the Constitution to provide for holding general elections to Parliament under neutral, non‑partisan government comprising nominated persons; Q. And Whereas on 23rd February, 1995 the Speaker informed the House that in his view e......eaded by the Acting President Mr. Justice Shahabuddin Ahmed who was the then Chief Justice, the Parliament is functioning without all the opposition members. Is it Parliamentary democracy? We are all interested in building a better country for ourselves and for our children. Are we not forgetting th......ed in: 47 DLR (AD) (1995) 111. ...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
.... status of the enquiry officer or member of the committee, as the case may be, should be higher than the accused. (4) At that enquiry oral evidence shall be heard and recorded and the persons charged shall be entitled to cross‑examine the witness to give evidence in person ......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......Abul Kalam.............................................Respondent Judgment August 18th, 1994, Lawyers Involved: Md. Abu Tarique, Advocate instructed by Sharifuddin Chaklader, Advocate- on- Record -For the Appellant. A Rab Chowdhu......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....6 of the Criminal Procedure Code. The said case is Sessions Case No. 29 of 1990 under various sections of the Penal Code including section 302. 2. Appellants before us are the accused‑persons in that sessions case. Hearing of the case was last adjourned to 6 July 1994 for examinatio......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......igh Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....er the name of 'Elahi Timber' at Biswanath Bazar with a view to Like forcible possession thereof and in course of the occurrence there the accused opened gun fire which resulted in the death of two persons, namely, Mahabbat Ali and Jamshed Ali. This First Information Report gave rise to GR Case ......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......gainst them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ..Category: Criminal Law | Date: | Hits: 57
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....ers (Ext.1 series) that the appellant regarded him as the best of his friends and he expressed full confidence in him. In these circumstance’s, there is no scope for any doubt that these two persons had by fraud or by taking undue advantage got the agreement executed at a grossly inadequat......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......out, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....ccessor‑in‑ interest of Aswini Kumar Dhar. 3. Defendant No. 5, Golap Mani, contested the suit asserting, inter alia, that the plaintiffs obtained their documents from fictitious persons; that she was one of the auction ‑purchasers; that the compromise decree was legal an......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ...... Vs. Abdul Awal Mia and others.....................................................Respondents Judgment June 15th, 1994. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahabubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advoc......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....ath. A donor may die earlier than the donee. Again, it runs through the veins of Muslim Jurisprudence that every transaction should be definite and clearly ascertainable. This is why, gifts to unborn persons, gifts in futuro and gift of Musha have been held to be invalid. Rather, in their anxiety to......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ....... Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
State Vs. MA Malik, 1995, 24 CLC (AD)
.... against the respondent and his relations alleging that it transpired shortly after their marriage that the respondent was a greedy man of loose moral character. At the instigation by other accused persons he put pressure upon her to bring dowry of Taka one crore from her father and started thre......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......nterfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ......ment: Mustafa Kamal J : The petitioner describing itself as defendant No.3 as a party interested in Admiralty Suit No.20 of 1994 filed an application on 31.8.94 for recording the right ......R (AD) (1995) 31 ......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....r 150 bighas of land of tile layout plan. The company allotted 130 plots to intending purchasers and committed allotment of another 413 plots to die public. Another 140 plots had been allotted to the persons who entered into contract for sale of their land to the company. When the company was deeply......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......on the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
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