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Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....87. Chapala Sundari Devi vs. Wahed Ali and others 11 DLR, 376. Lawyers Involved: Jainal Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants. Ex parte- the Respondent. Â Â Â Â Â Â Â Â Â Â Civil Appeal No.72 of 2000. (From the Judgment an...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....Article 27 of the Constitution. 5. The respondents contested the case by taking a plea of limitation and principle of estoppel. 6. The Administrative Tribunal upon hearing the parties allowed the case of the appellant by its judgment and order dated 20-11-1997 holding that t......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....er in the then PCSIR he got a scholarship and went to England for higher studies leading to PhD, that while he completed his MS in England, the liberation war of Bangladesh started and he actively participated in the liberation movement as the President of the Students Action Committee in the Un......holarship to enable him to do his PhD and thereafter to be absorbed in the Government service had disappeared. The late President Ziaur Rahman having been apprised of this mischief ordered an investigation into the matter. Consequently, after due inquiry, investigation report was published ..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....n sought against the other document i.e. Heba-bil-ewaz deed made in favour of Rahela, daughter of Rativan Bibi. The trial Court also held that the suit was not maintainable since plaintiff being a party to the document did not pray for cancellation of the same but filed the suit seeking merely d......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 30
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....ing the learned trial Judge that if there is any possibility or if there is any evidence by which a further investigation is required, the trial Judge can exercise his such power to ensure an impartial trial for a fair justice." 30. In view of the aforesaid observations ......asis of the aforesaid first information report, Habigonj PS Case No. 27 dated 28-1-2005 was started under section 302 and other sections of the Penal Code against unknown accused. 3. During investigation accused Md. Joynul Abedin alias Md. Momin Ali, Md. Jamir Ali, Md. Tajul Islam and Md...Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....on of the fundamental rights of the petitioners. 3. All the above writ petitions were filed in the form of public interest litigations by women leaders, social workers and leaders of the political parties and certain other members of the civil society with important public image who have been adv......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....eferred Criminal Appeal No. 1819 of 1994 and a Division Bench of the High Court Division by the impugned judgment and order dismissed the appeal of the present appellants while allowed the same in part so far as the appeal related to accused Ayub Ali and Rabi Sheikh, thereby acquitting them of t......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
....d that there was no legal bar in allowing preemption in her favour. The pre-emptee petitioner contested the case stating, inter alia, that the case was not maintainable and it was bad for defect of parties and also was barred by limitation. His further case was that he was co-sharer in the case ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
.... Substances Act on the charge of providing the premises for preparation of bombs therein. At this stage we do not like to enter into merits of the appeal though submissions have been made by both the parties. 12. We have examined the provision of Section 32 of the Special Powers Act, 1974 which r......of law. The accused respondent being informant also lodged a first information report on 16-3-1999 in the matter and Chatak Police Station Case No. 8 dated 16-3-1999 was started which, however, after investigation ended in final report. That Chatak Police Station Case No. 11 dated 26-3-1999 was sent..Category: Criminal Law | Date: | Hits: 184
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....p; act in due compliance of the law and the Rules. 13. The provision in section 7(7) of the Ordinance providing for preparation of an electoral roll 'afresh' by the Commission is limited to particular or specific electoral area or constituency in the state of the matters as are therein an......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
....n the show cause notice it was mentioned that in case of his failure to reply to the show cause notice and to communicate as to whether he would like to be heard the matter would be disposed of ex parte. 3. The appellant replied to the show cause notice asserting that whatever he did the ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....ances it appears to us that accused Aynul Sheikh was privy to the offence of murder of the victim Abdul Gafur Sheikh. There is no evidence of any conspiracy or preplan or premeditation on the part of the two appellants or it could be proved that they inflicted any injuries upon the deceased......ess condition where he succumbed to the injuries on the following morning. Abdul Hamid Matbar, PW 1, brother of the deceased, lodged first information report with the local police station and after investigation charge-sheet was submitted against the accused Aynul Sheikh, the two appellants and ..Category: Criminal Law | Date: | Hits: 42
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....company in the form of "land and building" as item No.l but the property at Paribagh has not been included therein. Such omission is contrary to the contract for sale entered into by the parties and the petitioner is not legally bound by such malafide and illegal omission at the instan...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... amendment. The structural pillars of Parliament and Judiciary are basic and fundamental. It is inconceivaÂble that by its amending power the Parliament can deprive itself wholly or partly of the plenary legislaÂtive power over the entire Republic. The impugned amendment in ......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... two inÂjuries one on the left chest cavity and one incised wound on the left line of the abdominal cavity and informant's father P.W.4 had an injury on his chest and had another injury on the upper part of the right chest. So the father and mother of the informant had two injuries each on their pe...... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Abul Kashem and othÂers Vs. State, 1989, 18 CLC (AD)
....atullah had been sitting in his hut and discussing the case, but in his ejahar he stated that he had brought Shariatullah for the talk while he had been returning home from the bazar; he omitted this part of the story while deposÂing in court. He has admitted the defence suggestion that neither he ......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....tion of complaint in the Court of Upazila Magistrate, Banshakhali Chittagong under section 406 of the Penal Code alleging, inter alia, that as the accused came from the same locality he took him as a partner for buying and selling paddy in the month of Ashar in 1389 B.S. and gave capital to the acÂ......lly proved. It was accepted by all the three Courts below. We find no reason to inÂterfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....Lokman Ali and Pir Ali since dead being proved is sustained. In the facts and circumstance of the case, the right of private defence of life was not available to the appellants since from complainant party they had no reasonable apprehension either of imminent death or of grievous hurts…………â......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
.... Senior Advocate (S.C. Das and M.A. Wahhab Miah, Advocates with him) Instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent Nos. 1-6 and 9-10. Respondent Nos, 7, 8, 11-17: Ex-parte. Civil Appeal No. 1 of 1987. (From the Judgement and order dated 17.2.1986 passed by th......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of BanÂgladesh, 1989, 18 CLC (AD)
....ecord —For the Appellant. A.W. Bhuiyan, Additional Attorney-General, inÂstructed by A.W. Mallik, Advocate-on-Record — For the Respondent No.1. Respondent No.2: Abated. Respondent No. 3: Ex-parte. Civil Appeal No. 87 of 1984 Judgment: A.T.M. Afzal J.— In this appeal by leave, t......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
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