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Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)

.... The appeal is allowed with the afore­said direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... The appeal is allowed with the afore­said direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..

Category: Employment/Service Law | Date: | Hits: 79

Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)

....cused did not get opportunity to explain the reasons for the delay in making the deposit and, as such, he did not actually misappropriate the money. Another defence case as introduced by submitting a statement under section 342 of the Code of Criminal Procedure on 22-6-1994 is that the accused could......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 90

Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

....1950 was registered and the order passed therein, filed by the parties in the Mutation Case No. 6(XIII) of 1994-95 was genuine and the other set was a forged and fabricated one and, in such uncertain state of the matter, he having had decided not to lodge any complaint as per provision of section 47......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..

Category: Criminal Law | Date: | Hits: 48

Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)

.... of the High Court Division and the said Division Bench rejected the Death Reference and allow­ed the appeals in part upon modification of sentence of death and the imprisonment for life and fine as stated hereinbefore.  8. The substantive sentence of Abdus Salam Mollah, who was sentenced to i......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..

Category: Criminal Law | Date: | Hits: 63

Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)

.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..

Category: Procedural Law | Date: | Hits: 119

Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

....lt, therefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120....... this question of pecuniary interest that whether due to pendency of a bill after execution of work done as a contractor by the elected chairman it can be said that he had pecuniary inter­est in the affairs of the Upazila Parishad. It was observed- "A bill for payment of money on account of some..

Category: Election Law | Date: | Hits: 134

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....AD) 30. It was observed: — "The main object of the 'disqualification' provision appears to be the furtherance of economic and financial interest of the State and though it has not been expressly stated in the statute it is clear from the nature of duties and responsibilities of the persons cons......s to help collection of government dues, rent and taxes. Besides, members of the Union Pari­shad are directly involved in financial transaction in the course of their official duties and running the affairs of the Union Parishad. The fact that these persons are financially handicapped by be­ing 'd..

Category: Election Law | Date: | Hits: 124

Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)

....result, therefore, these appeals are al­lowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......result, therefore, these appeals are al­lowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..

Category: Procedural Law | Date: | Hits: 84

Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)

....Corruption Act, 1947 (II of 1947), Section 5(2) Without producing the order of sanction of the government permitting to prosecute a government official and putting the order into evidence simply a statement in the charge sheet that some sort of sanction was received it can not be said that the al...... this convic­tion cannot be sustained. In the result, the appeal is allowed. The or­der of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ..

Category: Anti-Corruption Laws | Date: | Hits: 125

Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)

....nt No.3 challenging their claim of acquisition of the suit land without service of legal notices under section 5(1a) and 5(3) of the Act. The present appellants contested the suit by filing a written statement asserting that the said notices have been duly served upon the plaintiffs. By his judgment......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..

Category: Property Law | Date: | Hits: 38

Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)

....ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ..

Category: Criminal Law | Date: | Hits: 40

Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)

....of the owner were not known, the owner ceased to manage, supervise and control the said house in person and that The government, accordingly, took over the property as abandoned property. It was also stated that on the application dated 22.8.72 of one Waheed Kamal, Proprietor of Rup-Rekha, an enquir......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..

Category: Property Law | Date: | Hits: 54

Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)

....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ..

Category: Property Law | Date: | Hits: 32

Ziaul Huq and ors. Vs. Messers Business Re­sources Ltd. & ors., 1989, 18 CLC (AD)

....cience Building which has given rise to sensation and protest in the locality. 5. The plaintiffs pray for ad interim injunction restraining the defendants from proceeding with the construction and stated "if the defendants are allowed to construct any market it will spoil the residential atmosphe......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dis­missed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..

Category: Civil Law | Date: | Hits: 130

Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)

....led on 24.12.69 upon assertion that the cause of action arose on aforesaid 2.4.69. 3. Defendant No.2 (petitioner No. 2 in the leave petition) and defendants 3-5 (appellants) filed separate written statements but the suit was contest­ed by the appellants only. Their case, inter alia, is that defe......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..

Category: Procedural Law | Date: | Hits: 132

S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)

....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dis­missed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dis­missed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ..

Category: Criminal Law | Date: | Hits: 39

Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)

....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’ which is not retainable under section 20 of the S...... 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

Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)

.... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ...... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ..

Category: Criminal Law | Date: | Hits: 34

State Vs. Arman Ali and Others, 1987, 16 CLC (AD)

....to whether P.W. 1 and others had at all seen the respon­dents. Furthermore, the prosecution has failed to ad­duce any reasonable motive for the alleged offence. The only evidence is that, that also stated by P.W. 1 only in cross-examination, the deceased Motahar had assaulted Arman Ali (Respondent......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any infer­ence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..

Category: Criminal Law | Date: | Hits: 43

Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)

....o. 9 of 1981 of the Second Court of Subordinate Judge, Mymensingh. That suit was instituted by the respondent for specific perfor­mance of contract for sale of the suit property. By filing a written statement the appellant denied that there was any contract for the sale of the suit proper­ty with ......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