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Saidur Rahman Vs. State, 2001, 30 CLC (HCD)

....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......of the defence. Since the appellant was found absconding at the time of trial examination under section 342 of the Code of Criminal Procedure could not be done. Then after considering the evidence on record the trial Court found the appellant guilty under section 4(2) (Ka) of Act 26 of 1957 and sent......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ..

Category: Criminal Law | Date: | Hits: 83

MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)

....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......1 with a direction for stay of further proceedings of Other Execution Case No. 3 of 1997 till disposal of the application for temporary injunction made in Partition Suit No. 153 of 1999. The order is recorded in above Civil Order No. 5742 of 2001. 7. It is further stated that pursuant to the orde......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..

Category: Civil Law | Date: | Hits: 125

Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)

....ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ......case property belongs to the petitioners and respondent No.31 whose predecessor purchased the same by registered kabala No.1153 dated 31.03.1986 from the heirs of one Meser Mahaler, the original C.S. recorded tenant, but respondent No. 2 claimed the said property to be the property of the waqf Estat......ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ..

Category: Trust/Waqf Law | Date: | Hits: 183

Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)

.... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ...... the Bangladesh Rifles (Special Provisions) Ordinance, 1976. It appears from said sheet of paper that the Sector Commander, an officer of the rank of the Colonel, on consideration of the materials on record recommended for discharging the writ petitioner from service on 15.07.1996 and thereafter in ......y to the writ petition), which are stated to be the order dismissing the petitioner and the order rejecting the appeal respectively. The writ petitioner, a member of the Bangladesh Rifles, joined his service as a Sepoy on 15.01.1976 and in due course got promotions, lastly as Havilder. He was in ser..

Category: Employment/Service Law | Date: | Hits: 80

Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)

....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505...

Category: Property Law | Date: | Hits: 28

Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)

....se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500.......as possession. 3. Defendant-petitioner contested the said suit by filing written statement denying the material allegations made in the plaint. The short fact of the defendant's case is that, C.S. recorded tenant of the suit land including other lands was one Nanda Bhuiyan who died leaving 3 sons......se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500...

Category: Property Law | Date: | Hits: 20

Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......ami­cable family settlement Girish Chandra Nomo got .32 acres of land in Dag No.235. Girish Chandra died leaving behind his only son Nogendra Nomo as his only heir who got the said property and S.A. record was prepared in his name. Thereafter, Nogendra transferred .05 acres of land out of .32 acres......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707...

Category: Property Law | Date: | Hits: 42

Md. Siddiqur Rahman Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)

....ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653.......o­motion, he cannot be transferred. 5. We have heard the learned Advocate of the petitioner, the judgment and order dated 29.04.2008 passed by the High Court Division and other papers kept in the record. 6. It appears that the petitioner was origi­nally appointed as a typist-cum-lower divisi......ng thereafter, the Government in pursuance of an Order dated 22.09.2002, made under rule 7 of the Rules, appointed him as the Administrative Officer of Faridpur Zilla Parishad. Apparently, during his service he was transferred from Barisal to the office of Dhaka Zilla Parishad. While serving as the ..

Category: Employment/Service Law | Date: | Hits: 71

Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)

.... preparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651.......ased the entire suit C.S. Plot No.95 of an area of 1.32 acres including other lands from Bashiruddin and Syeda Banu by registered kabala dated 3rd Falgoon, 1323 B.S. and the same pur­chased land was recorded in his name in C.S. khatian No.35 and 36 and while Safar Ali was possessing the said land h...... preparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651...

Category: Property Law | Date: | Hits: 30

Commissioner of Tax Vs. Chowdhury Apparels (Pvt.) Ltd., 2001, 30 CLC (HCD)

....question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483....... tribunal was justified in not giving any finding on the order of the Commissioner of Taxes (Appeals) on this point? Heard the learned Advocates of both the sides and also perused the materials on record. 4. Mr. Sarder Jinnat Ali, the Assistant Attorney-General appearing for the department sub......question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483...

Category: Fiscal/Taxation Law | Date: | Hits: 86

Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)

....he result, the Rules issued in Civil Re­vision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......n the Office file together with a list of employees have been marked Exhibit 'C and 'D' and Exhibits '£' and 'F' in the two suits respectively. The learned Munsif on consideration of the evidence on record found that the plaintiffs were not workers and as such the suits were maintainable, the termi...... Bank Karmachari Union—the for­mer being a member of the Executive Body and the latter being a Vice-President. The suits were for dec­laration that the order dated 17.9.81 of termination of their services were mala fide, without jurisdiction il­legal and void as well as for permanent injunction..

Category: Employment/Service Law | Date: | Hits: 76

Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)

.... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No or­der as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84.......w and the learned Court below was wrong in dismissing the Misc. Case No. 81 of 1983. He fur­ther submits that the Court's finding as to service of summons was the result of misreading of evidence on record. The learned Advocate for the petitioner drawing my attention to the statement of D.W.2 Kabir...... away from his house at Ramu Bazar from dawn to dusk and as such the summons shown to have been served by hanging on refusal to accept the same by the petitioner was not at all de­livered to him for service. The petitioner further stat­ed that he came to know about the ex-parte order for the first..

Category: Property Law | Date: | Hits: 29

Angur Vs. State, 1988, 17 CLC (HCD)

....e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66....... against three accused persons including the present appellant. 4. Out of the 3 accused persons, appellant An­gur Mia village Dighir Par P.S. Bajitpur made a confessional statement which was duly recorded by a Magistrate under section 164 of the Code of Crimi­nal Procedure. 5. As the case is......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66...

Category: Criminal Law | Date: | Hits: 42

Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)

....untariness of the confession. In so doing he must put questions to the accused with a view to finding out the real object of the confession, whether it is made out of repentance or for any other such good reason or whether it is the result of torture or tutoring by somebody or whether it has been ca......nation was a plea of innocence. The further de­fence of the appellant was that his confessional state­ment was a product of physical torture by the police. 4. On consideration of the evidence on record the trial Judge noticed that excepting the confession­al statement marked Ext. 5 series ther......passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62...

Category: Criminal Law | Date: | Hits: 31

Abdul Mukit Chowdhury Vs. The Chief Election Com­missioner & others, 1988, 17 CLC (HCD)

....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......n or challenging the election of a declared candidate. In a proceeding of this nature disputed questions of fact will not, of course be gone into and it is only where it is shown upon the face of the record itself that the officer of the au­thority concerned has failed to discharge his duty that a ......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57...

Category: Election Law | Date: | Hits: 119

Md. Jahangir Alam Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)

....e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649.......e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649.......e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649...

Category: Civil Law | Date: | Hits: 76

Abdul Khaleque Vs. Md. Nazim Uddin and another, 2010, 39 CLC (AD)

....ner is permitted to add addi­tional grounds. The order of stay granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 647.......ner is permitted to add addi­tional grounds. The order of stay granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 647.......ner is permitted to add addi­tional grounds. The order of stay granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 647...

Category: Property Law | Date: | Hits: 33

Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)

....wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644.......tioners have pre­ferred this petition for leave to appeal. 6. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 7. It appears that the High Court Division found that the application under Order 7 Rule ......wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644...

Category: Procedural Law | Date: | Hits: 81

Md. Nurul Islam Vs. Artho Rin Adalat and others, 2010, 39 CLC (AD)

....he circumstances, we find no substance in the submission of the learned Advocate for the petitioner. As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642.......he circumstances, we find no substance in the submission of the learned Advocate for the petitioner. As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642.......he circumstances, we find no substance in the submission of the learned Advocate for the petitioner. As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642...

Category: Civil Law | Date: | Hits: 115

Government of Bangladesh and others Vs. Md. Alauddin, 2010, 39 CLC (AD)

....of compul­sory retirement as illegal. Under such circumstances, this petition does not merit consideration and is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 641.......of compul­sory retirement as illegal. Under such circumstances, this petition does not merit consideration and is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 641.......e that on the allegations of mis­conduct, a departmental proceeding was started against the respondent, a police officer and ultimately by an order dated 10.05.2001, he was compulsorily retired from service. 3. This order dated 10.05.2001, was chal­lenged before the Administrative Tribunal, Tri..

Category: Administrative Law | Date: | Hits: 201