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Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ...... judgment, while Naimuddin Ahmed, J delivered the majority judgment and Md Hamidul Haque, J delivered a separate concurring judgment. 7. During the pendency of the three writ petitions four other persons prayed for being added as petitioners in Writ Petition No. 3193 of 1992 (Civil Appeal No. 15..Category: Constitutional Law | Date: | Hits: 185
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......ng with others on 11-9-89 at about 8-00 AM being armed with deadly weapons by forming an unlawful assembly came to cut away jute from the land of deceased Hatem Sikder who tried to resist the accused persons. At this accused Abdul Mannan Sikder dealt a katra blow on the right side of the chest of de..Category: Procedural Law | Date: | Hits: 157
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ...... Result: The petition is dismissed. The Evidence Act, 1872 (I of 1872), Section 45 It has been rightly found by the High Court Division that it was unsafe to proceed against the accused persons on uncorroborated opinion of handwriting and finger print expert………………………...Category: Procedural Law | Date: | Hits: 120
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......e Parishad. The resolutions which have been relied upon by the learned Advocate for the appellant are clearly not adequate enough to read in them a power authorising the Director General to dismiss a person appointed by the Parishad. Although we do not appreciate the manner of expression used by the..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......e spare parts and provisions and rendered laundry service to the vessel, defendant No.1 which has not been denied by the principal defendants and the present suit being an action in rem as well as in personam defendant Nos. 1 to 5 are liable to satisfy the claim of the plaintiff and a bank guarantee..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......vidence of other witnesses who testified about the presence of that witness cannot be discarded for non-seizure of blood-stained wearing apparel of that witness specially when presence of the accused person and their participation in the occurrence was established in the cross-examination of the wit..Category: Criminal Law | Date: | Hits: 108
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......riod of validity was arbitrary and malafide which had no nexus with the objective to be achieved. II. Because the limit of the expiry of the validity of the selected persons in 1997 was arbitrarily fixed first upto 31.12.98 and then upto 30.6.99 without any sanction..Category: Administrative Law | Date: | Hits: 130
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......ted by Ananda but the trial Court on evidence found that all persons concerned wrote in the Muktinama with the same pen and ink whereas the body of the same shows otherwise and would lead a prudent person to believe that it is a fabricated document. The trial Court also believed that during the mi..Category: Procedural Law | Date: | Hits: 112
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......ional jurisdiction under section 115(1) of the Code of Civil Procedure having no power to clarify any order passed by the executive, the said Division Bench erred in making observation that the person or persons to whom the letter was sent should have filed an application in the said civil rev..Category: Property Law | Date: | Hits: 57
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......th Pistol, Dagger and Knife restrained the car and accused Lai Miah after delivering knife blow to the informant's brother Shuheb snatched away the money while informant tried to obstruct the accused persons terrorized him by showing pistol and that upon the said F. I. R police investigated the case..Category: Criminal Law | Date: | Hits: 81
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......jid, Manik, Jinnah, Taran, Ayatali, Tara pramanik, Wahed Ali Sheikh, Sakander Sarker and Shahed demanded subscription of Tk. 30,000/- from Shahajuddin Bepari and he refused to pay and for which those persons forcibly caught and took away fishes from his tank and accordingly Shahajuddin filed C...Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......lish accused Mashuq Mia refused to settle the dispute over killing of duck but was insisting to settle up dispute regarding last Union Parishad election matter. At the hostile attitude of the accused persons the informant and his sons rushed to their dwelling house and took shelter in their respecti..Category: Criminal Law | Date: | Hits: 95
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......ice and also sought for an order of stay of the operation of the notification dated 23.12.1998 promoting some ASP's to the Post of Additional SPs and the Notification dated 14.12.1998 promoting the persons whose names appear in the said notification to the post of Assistant Superintendent of polic..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......nd thereafter he went to Pakistan in November 1971 and returned to Bangladesh in August 1976. Abandoned property has been defined in Article 2(1) of P.O. 16 of 1972 wherein it has been said that if a person ceased to occupy, or manage in person his property the same is an abandoned property. Ad..Category: Civil Law | Date: | Hits: 128
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......mpanies Act, 1994 (hereinafter called "the Act") and also prayed for calling, holding and conducting the AGM for the years 1998-2000 under the Chairmanship of a neutral and independent person and the Company Court after hearing the parties by its order dated 15.4.2002 was pleased to a..Category: Business or Commercial Law | Date: | Hits: 118
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......, 2005. Result: The appeal is allowed. Case Referred to- Abdul Motalab Mian Vs. Secretary, Establishment Division and others, 1982 BLD 144. Lawyers Involved: Nurul Hoque Miah in person- For the Appellant. Fida M. Kamal, Additional Attorney General- For the Respondent. C..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......of the shop. The appellant asked him to wait till disposal of the merchandise in the shop and he accepted the said assurance of the appellant since at the relevant time the appellant was one of the persons in the management of the Society. He waited for having the possession of the shop, but the..Category: Procedural Law | Date: | Hits: 111
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
....n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......Respondents sought for declaration, (a) that the defendant Nos. 1 and 2 i.e. appellant and the defendant-Respondent no. 20 have no authority to sell the land described in schedule 4 Ga to the private person, (b) that the plaintiffs are entitled to get the land released in their favour, and (c) that ..Category: Limitation Law | Date: | Hits: 189
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
.... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ......n Sheikh and Jaber Sheikh caught hold of the hands of Abdul Gafur and then convict Aynul Sheikh dealt a spade blow on the head of Abdul Gafur who fell down on the ground and thereafter other accused persons (since acquitted) dealt lathi and mugur blows indiscriminately on the person of the victim c..Category: Criminal Law | Date: | Hits: 97
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