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Habibur Rahman alias Habu and othÂers Vs. State, 2006, 35 CLC (AD)
....ers, which are as follows. I. Because the place of occurrence has been shifted and in this respect witnesses have contradicted themselves particularly P.W.3 the informant having stated that the occurrence took place on his land while P.W. 6 stated that the occurrence took pla......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....ould not recognize any assailant P.W 1 Kazi Sakahwat Hossain husband of P.W 2 is witness as to recognition of the accused who in examination in chief deposed 8. In cross-examination he stated Ashamigon takhon onuman 33/400 hat dur cholia giachilo ebong douraite chilo. Ashamider ami p......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
....2.06.1993. The respondent No.1 as well as the respondents Nos. 2 and 3 applied for appointment as Professors in the Department of Architecture. In the advertisement required qualification was stated as Master of Architecture with 8 years teaching/professional experience of which at lea...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
.... upon reversing the judgment and decree of the trial Court sent back the suit on remand to the trial Court for disposal afresh upon affording opportunity to the defendants to file written statement as well as to allow the parties to lead evidence, if so, chose by them. 2. The sui......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 43
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....tiffs to evict them from the land in suit the plaintiffs are constrained to file the suit seeking declaration of title. 4. The suit was contested by defendant Nos.1-4 by filing written statement denying the material averments made in the plaint and stating, inter alia, that the ......er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....25,1976 obtained from successive heirs of Jitu Mondal dispossessed the plaintiff from the 'kha' schedule land. 4. The case was contested by the defendant Nos. 1 and 2 by filing written statement denying the material averments made in the plaint and stating inter alia, that Jair......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....orming three member inquiry committee for conducting an inquiry for conducting an inquiry for imposing major penalty upon the respondent and that the members of the inquiry committee did not record statements of any witness in presence of the respondent and issued memo dated 06.07.2003 askin......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....chase of the suit property the plaintiffs father was not aware of the abandoned character of the property and hence the suit. 3. The defendant Government contested the suit by filing written statement and contended that the suit property was treated by the Government as abandoned property ......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......bject to such general or special orders as the Government may from time to time, issue, the managing Director shall have the power of general superintendence and direction of the whole affairs and business of the Bank and shall exercise all powers and do all acts and things wh..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....ame was cancelled. The plaintiffs having learnt about the cancellation of the record of right on 05.02.1974 filed the suit. 3. Defendant Nos.1-4 contested the suit by filing a joint written statement and denied the material allegations made in the plaint. Their case is that Basanta Kumar ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....e order of appointment was cancelled for collateral purposes on some extraneous consideration thereby the appellant was condemned unheard, that it was not the case of the Government in the written statement that it cook decision for cancelling of the appointment of the appellant in the backgroun......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..Category: Administrative Law | Date: | Hits: 123
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....dge moved the High Court Division in revisional jurisdiction and obtained Rule in Civil Revision No. 2385 of 2001 and the High Court Division dispose of the Rule with the observation as stated hereinbefore. The leave was granted to consider the submissions that the appell......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 122
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
.... 1991 for eviction of the appellant from the property of M/s. Lazaf Commercial Corporation Ltd. at 40, Shaheed Saifuddin Khaled Road, Chittagong. 2. Facts, in short, are that the property as stated hereinbefore belongs to the Respondent No.3, M/s. Lazaf Commercial Corporation Ltd. (herein......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....factory and that the Bank could not realize the amount of the Bank draft. 4. The Respondent Nos. 1 and 2 (defendant Nos. 3 and 4) entered appearance in the suit and filed written statement denying the material averments made in the plaint. 5. Thereafter Respondent Nos. ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 129
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 102
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....hi, passed LL.B (Hon's) Examination obtaining 2nd Class 1st position upon securing 59.44% marks but he got only 32 marks in one of the papers, the 13th paper namely the Administrative Law. In that state of the matter he filed an application before the Vice Chancellor of the University on 24.10.2......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..Category: Civil Law | Date: | Hits: 97
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....ence. Thereafter, Mr. Hossain, referring to the evidence of PW 23 Bimal Kumar Das, submits that the servants of the house and the accused were meted out with inhuman torture to extort confessional statement from them but to no effect. 13. He further, submits that except removal of dead bo......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..Category: Criminal Law | Date: | Hits: 129
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....968 depriving them of their share of profit out of the annual net profit of .the appellant company from the year 1971. 4. The appellant company contested the said IRO cases by filing written statement contending, inter alia that the said IRO cases were not maintainable under section 34 of ......o which an order under sub-section (1) has been made, fails to comply therewith within the time specified therein, every director, manager or other officer responsible for the management of the affairs of the company shall, if the Government, by order, so directs, pay by way of penalty a sum..Category: Labour and Industrial Law | Date: | Hits: 95
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... abode of the accused and thus fell into error in passing an order of transfer on consideration of certain subsequent and extraneous irrelevant fact unconnected with this case and uncalled for state of mind causing disruption to entire mechanism for prosecution. 6. We have heard ...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..Category: Criminal Law | Date: | Hits: 41
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