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Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....ocuments on the last day of hearing without giving opportunity to the writ petitioners to controvert the same and that High Court Division based its judgment on a document which was not at all party of the record. 8. The appeals, both in support of and opposition to, were argued ...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ..Category: Property Law | Date: | Hits: 27
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
....2 to June, 1993 due to negligence of the writ petitioner target for reduction of system loss and realization of revenue could not be attained and that the said failure was a misconduct on the part of the writ petitioner, that writ petitioner's contention that because of not having suff...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ..Category: Employment/Service Law | Date: | Hits: 69
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....us remedy is available to the writ petitioners they can not invoke the writ Jurisdiction. It is further submitted that Article 52 of the Dhaka University Order, 1973 provides that an aggrieved party may also prefer appeal to the Chancellor who may cause the matter inquired into by an inquir......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ..Category: Civil Law | Date: | Hits: 98
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
.... Judgment May 20, 2002. Result: The appeal is dismissed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A When a conviction and sentence is passed against a particular accused by the Special Tribunal upon consideration of the evidence on record and if no ap......t and demanded Tk. 2000/- as till and threatened the informant to kill in case he died not pay the money and upon that allegation the Pallabi P.S. Case No. 6(5)/94 was started. 3. The police after investigation submitted charge sheet on 19.07.94 against the petitioner and two others. The accused ..Category: Criminal Law | Date: | Hits: 47
Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)
....991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......he FIR stated that delay occurred since there was ‘সালিস’ in the village for the settlement of the dispute. The investigating agency on completion of investigation submitted charge-sheet against the appellants under Sections 323, 379 and 411 of the ..Category: Criminal Law | Date: | Hits: 34
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....elonged to Israt Reba Mohammad Zunaid and Shamim Ara Rafique who proposed to sell the property to the plaintiff and accordingly on 05.10.1991 an agreement was executed between the parties and subsequently, the executors refusing to executed the deed of sale the plaintiff appell......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ..Category: Property Law | Date: | Hits: 40
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....nal Code read with section 138 of the Negotiable Instrument Act. In this case there is initial intention to deceive. The informant as it appears from the FIR and the charge sheet was induced to part with Tk. 6,65,000/- and in such view of the fact it can not be said that no offence is disclo......long with the FIR and the charge sheet. In the FIR the accused petitioner though prayed for compensation of Tk. 25,00,000/- including the principal amount of Tk. 6,65,000/- but the police after investigation submitted charge sheet against the accused petitioner under section 406/420 of ..Category: Criminal Law | Date: | Hits: 45
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
....-respondents preferred aforementioned appeals before the High Court Division and the learned Judges of the High Court Division in consideration of the evidence on record as well as hearing the parties through their engaged lawyers found that the prosecution failed to prove the ch......ort with Mirzapur Police Station against accused Atwar Mallick, Amjad Ali, Biju and Abdur Rahim Sheikh, which was recorded as Mirzapur Police station Case No. 1(4) of 1985. 4. Police took up investigation, visited the place of occurrence, prepared sketch map with separate index of the pla..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)
....cluding the petitioner under Section 25B (1) (a) of the Special Powers Act, 1974 on 27.10.2003. 4. The case ultimately went before the Special Tribunal No.7, Dhaka who after hearing the parties framed charge against the accused persons and others under Section 25B (1) (a) and (......uadanga, at that time residing at 62/5, Shantinagar, Second Floor Dhaka. He sent the arrested accused persons to Ramna Police station and lodged First Information Report. 3. The police after investigation submitted a charge sheet against six persons including the petitioner under Sec..Category: Criminal Law | Date: | Hits: 37
Misir Ali and another Vs. State, 2007, 36 CLC (AD)
....e under Section 25B (2) of the Special Powers Act, 1974 and maintained the sentence. 6. It appears that both the Special Tribunal and the High Court Division considered the evidence of P.Ws. particularly P.Ws.1,4,6 and 7 who corroborate each other about recovery of Indian contraband goods...... the Customs Act read with Section 4(b) of the Explosive Substances Act and under section 25B of the Special powers Act, 1974. He took up investigation of the case and after completion of the investigation submitted charge sheet against the convict appellants under section 156(8) of the Cus..Category: Criminal Law | Date: | Hits: 36
State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)
....ealt a dagger blow on the back of the deceased with the blunt side of the dagger when the deceased fell down on the ground. Thereafter other respondents dealt severe dagger blows at different parts of the body of the deceased as a result head of the deceased was almost severed from the body......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ..Category: Criminal Law | Date: | Hits: 84
Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)
....ntly submitted an application for adjournment of the peremptory hearing but that application was not moved. That application was rejected and the defendants were directed to get ready to take part in the hearing. The defendants failed to participate in the hearing and ultimately the da......any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ..Category: Property Law | Date: | Hits: 22
Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....he aforesaid 2 union parishad are in existence for last hundred years and the inhabitable of those villages continued as voters of Union Parishads as a political unit. By the impugned order only a part of six villages have been included in the Pourashava leaving and keeping the remaining area as...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ..Category: Property Law | Date: | Hits: 22
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
....e suit land belonged to Kurban Ali who took loan from Karam Ali Sheikh but the loan remained unpaid. Kurban Ali died without payment of loan. Hence Karam Sheikh filed money suit and obtained an ex parte decree against the heirs of Kurban Ali on 8.1.1923. On 23.9.1923 in execution of the said dec......fers legal infirmity and is liable to be set aside. The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ..Category: Property Law | Date: | Hits: 25
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
....er, Baron Nessa Bibi who executed and registered a kabala on behalf of the minor sons on 19.02.1947 in favour of the plaintiffs and delivered possession. In this kabala, due to mistake on the part of the scribe, plot No. 845 was written in place of plot No. 854. Ajiron Nessa orally gifted h......ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ..Category: Property Law | Date: | Hits: 21
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....the workable capacity, the defendants requested the plaintiff bank for further importation of machinery under BMRE but the plaintiff refused the proposal. It is a contractual obligation in the part of the plaintiff bank to extend financial assistance as and when the defendant’s fa......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. ..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....o. 2 Gurbaksh Lal Sarin, son of Lala Lachhman Dass. Respondent No. 1 Mst Razia Begum is the daughter of Lala Lachhman Dass. In 1940, she embraced Islam and married Dr. Zahiruddin Alvi. At the time of partition, Dr. Zahiruddin Alvi was posted at Larkana as District Health Officer. His mother-in-law a......sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ..Category: Property Law | Date: | Hits: 28
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....Prior to the appointment of the writ petitioners in 1998 the President in consultation with the Public Service Commission promulgated the Bangladesh Civil Service (General Education) Training and Departmental Examination for probationer Rules, 1992 vide SRO No. 7-Ain/92 published in the Ban......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ..Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....importer is only entitled to a vested right to be assessed as per the SRO prevalent at the time of opening of the Letter of Credit which provided for exemption of the rate of custom duty either in part or in full as per section 19 of the Customs Act and not in respect of any SRO issued under sec......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
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
.... open for his enjoyment of light and air. This is unjust, too much and illegal in a land hungry country. This writ petition is vexation and arrogant." 5. Upon hearing the learned Counsel for the parties we have ourselves directed the respondent to earmark the Gulshan lake with proposed road and......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ..Category: Property Law | Date: | Hits: 36
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