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Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
.... was that they took lease of the suit land from the Jamindar and relied on pattannama exhibit 1, Amin's report exhibit 2, Dakhila Exhibit 3 series, Kabuliyats Ext. 4 and 5 in support of their case. Government contested the suit and filed written statement stating that the suit land is ‘beel’ w...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ..Category: Property Law | Date: | Hits: 35
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....e medical certificate, to appear before the Court and prove the medical certificate. On the same day i.e. 13.9.1983 another application was filed for time on the ground that Dr. Saiful Islam, a Government employee, had net been granted leave by his employer and hence he could not come to depos......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....acquittal. In all 11 (eleven) persons including the appellants were on trial on the aforesaid charge before the Additional Sessions Judge, 1st Court, Chittagong and all of them were acquitted. Then Government took an appeal, No.1 of 1985 under section 417(1) of the Code of Criminal Procedure aga...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....this appeal by special leave the only question for consideration is whether the appellant's trial by the Divisional Special Judge, Rajshahi, was vitiated in the alleged absence of any sanction by the Government under section 6 of the Criminal Law Amendment Act, 1958. 2. The appellant was Jute Ext......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....e First Appellate Court. 2. Material facts of the case are that the plaintiff-appellant took settlement of 2.73 acres of land in several plots of S.A. Khatian No. 162 of Mouza Haybatpur from the Government in P.S. Case No. 889 of 1965-66. The order of settlement was, however, cancelled on 10.......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..Category: Property Law | Date: | Hits: 29
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... the Returning Officer has been done without lawful authority and is of no legal effect and declaring further that the appellant is disqualified within the meaning of section 7 (2) (g) of the Local Government (Union Parishads) Ordinance, 1983 (hereafter referred to as the Ordinance) and as such ...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....shu Mia. 7. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the appellant has tried to argue that the Magistrate ought to have looked into the various processes by which the decision of the Government was arrived at. We think that, that is not the function of the Magistrate. The Magistrate......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....31 DLR (AD) (1979) 127.......nterview before the East Pakistan Public Service Commission which selected him for appointment to the East Pakistan Civil Service (Executive Class II). Then he was appointed temporarily to the said service. Thereafter he was placed at the disposal of the Revenue Department for employment as Circle..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....elling reasons calling for an action under this rule, apart from other question of jurisdiction. 9. If I turn to facts as have transpired from the materials on record, I find that the Respondent, Government of Bangladesh entered into a contract of carriage of wheat from foreign countries to Ba......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....ng certain pucca constructions, and on payment of rents along with his co-sharer tenants to the landlord and thereafter to the Government after the acquisition of the rent-receiving interest by the Government. Preparation of record of rights was started under the provisions of the East Bengal St......is not a co-sharer in the holding and the notice served upon him would not operate as an estoppel against them. 4. The trial court found that the appellant is not a co-sharer in holding and the service of notice on the appellant will not operate as estoppel against them and accordingly dismi..Category: Property Law | Date: | Hits: 33
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ...... of lien imposed by the employer upon Respondent No.2 was illegal and mala fide and pursuant to such findings, directed her reinstatement in her former post with full back wages and continuity in service. The petitioner having moved the High Court in writ jurisdiction against the said order of t..Category: Labour and Industrial Law | Date: | Hits: 77
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......b-section (1), (2) and (5) are quoted below:- “96(1). If a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may within four months of the service of the notice given under section 89 or, if no notice has been served under section 89, with..Category: Property Law | Date: | Hits: 32
Md. Golam Rabbani and another Vs. Hon’ble Judges of the High Court Division & anr, 1978, 7 CLC (AD)
.... judgment was made shall only be mentioned in the petition. It will be for the Court to decide to whom the notice will be served. In this view the name of the Respondent No.1 is struck off. Since Government has been made a party on its prayer for adding it in the proceeding its name as Responden...... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 87. ..Category: Others | Date: | Hits: 84
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....l Bin Matnur………..Respondent (In Criminal Appeal No. 7 of 1978) Judgment March 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and others V......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....luddin Hossain CJ
Fazle Munim J
Ruhul Islam J
KM Subhan J
Kazi Mokarram Hossain……..……Petitioner
Vs.
Secretary, Ministry of Cabinet Affairs, Establishment Division, Government of Bangladesh & others……………Respondents
Judgment
March 9, 1978.
......sproportionate to his income and recommended the Government for his dismissal and in pursuance of that recommendation of the First Screening Board the Government dismissed the petitioner from his service on 26-6-75. Against the order of dismissal the petitioner filed an application before the Re..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....ellate Division (Criminal) Present: Syed ABM Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Latif Mirza..............Appellant Vs. Government of Bangladesh and other..............Respondents Judgment September 2, 1977. ......969 (SC) 14. 10. We now turn to the leave order on the four points set out above. First, two points may be dealt with together as they are dependent on each other. Order of detention precedes the service of the order of detention, and so the second point comes first, and the first second. ..Category: Constitutional Law | Date: | Hits: 408
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....ation of delay that in any view of the matter, the delay in presenting the memorandum of appeal was sufficiently explained, but the learned Judges on an erroneous view that the petitioner being the Government was asking for an extended period of limitation. It was conceded by the appellant befor......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
....tlement are illegal, void, ineffective and without jurisdiction. 2. The short fact relevant for our purpose is that plot No. 99 had been an abandoned ditch and the said plot belonged to the Government khas Khatian No.1; that the plaintiff applied to the local revenue authority for getting...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
.... ......ated 25.02.1988 and 05.04.1988 passed by the Ministry of Establishment and Directorate of National Security Intelligence respectively and for declaration that the present respondent has been in the service of the N.S.I, as an officer absorbed therein with the entitlement of seniority on the basis..Category: Administrative Law | Date: | Hits: 111
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
.... No. 1891 of 1998 dismissing the appeal. 2. Prosecution case, in brief, is that on 01.12.1996 while victim Sohel, Zaved and Hashed as usual were going to their school known as Gouranga Bari Government Primary School at about 12.00 O'clock and reached near Gouranga Bari Anderson Road, thr......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
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