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Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)

.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. .......Appellant Vs. Mst. Saleha Khatun and others ................Respondents Judgment July 31, 2006. Result: The appeal is allowed. Lawyers Involved: M. A. Azim, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant Sk. Razaque Ali, Senior A...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 42

BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)

....fication for making an order of remand as prayed for which will be a cere­mony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......lain­tiff he was placed under suspension with effect from 27.7.1983; that the local head of administration, the Upazila Nirbahi Officer, Savar by a letter dated 4.8.1983 requested the Director General of B.R.D.B. to withdraw the plaintiffs suspension as his service perform­ance was satis......fication for making an order of remand as prayed for which will be a cere­mony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 73

Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......rcibly detained the petitioner, an acutely heart patient in the hotel lobby of the Pan pacif­ic Sonargaon Hotel. 7. That the said event gave rise to multiple criminal proceedings including Ramna Police Station G.D. No. 1611 dated 19.6.2001 under section 342/384/506 of the Bangladesh Penal Code...

Category: Banking Law | Date: | Hits: 185

Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)

....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......d: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Syed Mahbubur Rahman. Advocate-on-Record-For the Appellant (In Civil Appeal Nos. 62-63 of 2005). Fida M. Kamal, Additional Attorney General (A. H. M. Mushfiqur Rahman, Deputy Attorney General with him) instructed by Ahsanullah Patwa......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..

Category: Property Law | Date: | Hits: 91

Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)

....ince been dismissed by a Single Judge of the High Court Division by the impugned judgment and order dated 17 June, 1996. 4. The case started upon an FIR dated 3.11.87 lodged by the Assistant Inspector, Bureau of Anti Corruption, Barisal stating that accused (1) Sekander Ali Howlader (2) Ab......ssain, Senior Advocate, (both the appeals)(Mohammad Ziauddin Ahmed, Advocate, with him), instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants B. Hossain, Deputy Attorney  General (both the appeals), instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Responden...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)

....t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be dis­charged from the bail bond. Ed. ......gment August 1, 2006 Lawyers Involved: Shamsul Huda Manik, Advocate instructed by Md. A/tab Hossain, Advocate-on-Record-For the Appellant Golam Kibria, Deputy Attorney General, (Khandker Gulzar Hossain, Deputy Attorney General with him) instructed by Mrs. Sufia Khatu......charge of forging, in collusion with each other, deed of sale No. 5971 dated 30.12.1978 with a view to grab the case land (81/2 decimals) of Plot No.2827 of Khatian No.353 of mouza Bendabari under Police Station-Kotwalipara, District-Gopalganj belonging to Md. Chand Miah P.W.1. 3.The lear..

Category: Criminal Law | Date: | Hits: 31

Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)

....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......gun 11" in size and another pipe gun was found in pos­session of co-accused Ohidul Alam and a knife from the accused Babul in the premises of Tarun Shangha, a local club in village Isapur, Police Station-Daudkandi in the District of Comilla and a First Information Report was lodged to th..

Category: Criminal Law | Date: | Hits: 55

Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)

....intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......uffer rigorous impris­onment for a period of 6 months. 2. The prosecution case, in short, is that the informant Md. Fazlur Rahman Mia, son of late Masem Ali Mia, of village Kalichandpur, Police Station and District Rajbari with the help of Mr. Abdul Hashem Sarder, the Chairman of Alipu..

Category: Criminal Law | Date: | Hits: 23

Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)

.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......at the writ petitioner joined the service of Bangladesh Shipping Corporation (shortly BSC) as Probation Officer in 1979. He was confirmed as Assistant Manager in 1980 and was promoted as Assistant General Manager on 02.04.1988. Thereafter, he completed 9 (nine) months training in Netherland and ...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 91

Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)

....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dis­missed without any order as to costs. Ed. ......cretary for the Enforcement of Human Rights (BSEHR) and others....Respondents Judgment August 8, 2004 Lawyers Involved: Abdur Razaque Khan, learned Additional Attorney General, instructed by Sajjadul Huq, Advocate-on-Record—For the Appellants. Sigma Huda......nts of Nimtali and Tanbazar, Narayanganj who were working as sex workers and informed the residents that the local Member of the Parliament and the Deputy Commissioner along with Superintendent of Police and other Officers were waiting at the Narayanganj Sadar Police Station and desired to meet ..

Category: Constitutional Law | Date: | Hits: 150

Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)

.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... to Appeal No. 298 of 1994); Md. Arfan Ali Vs. Sonali Bank and others (Civil Petition for Leave to Appeal No. 26 of 1992. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate- on-Record-For the Appellants Mohammad Nazrul Is...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 113

Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)

....ective Branch of the police. In the meantime there were two further orders dated 5.11.2001 and 26.11.2001 by the learned Chief Metropolitan Magistrate, Dhaka and in compliance with those orders the Inspector of Police, Detective Branch, Dhaka Metropolitan Police again submitted a report stating ...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accor­dance with Rules. Ed. ...... the concerned police station to investigate into the matter and submit a report by order dated 18.10.2001. In accordance with the said order dated 18.10.2001 the Additional Deputy Commissioner of Police (Detective) Prosecution, Dhaka Metropolitan Police, Dhaka investigated into the case and sub..

Category: Criminal Law | Date: | Hits: 31

State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)

....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......ip;...Appellant Vs Delwar Hossain Talukder.......................Respondent Judgment May 26, 2003. Lawyers Involved: Abdur Razzak Khan, Additional Attorney General (Faisal H. Khan, A. A. G. with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record-......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ..

Category: Criminal Law | Date: | Hits: 68

Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)

....al remedy and no use­ful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......wyers Involved: Mainul Hosein, Advocate (Md. Joynal Abedin, Advocate with him) Instructed by Md. Aftab Hossain, Advocate-on- Record-For the appellant. A.W.Bhuiyan Additional Attorney General, instructed By Mr. B. Hossain, Advocate-on –Record-For respon­dent Nos. 1-3 ......al remedy and no use­ful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)

.... 10. The respondents are liberty to men­tion the matter fixed for hearing in the chamber. The petitioners are directed to pre­pare paper book within 6 (six) months. Ed. ......in the said seniority list the writ petitioners have been placed on the top of the list who also appeared before Padannoti Nitimala committee to consider their promotion from the post of Assistant General manager to the post of Deputy General manager and from the posts of Senior principal office...... 10. The respondents are liberty to men­tion the matter fixed for hearing in the chamber. The petitioners are directed to pre­pare paper book within 6 (six) months. Ed. ..

Category: Employment/Service Law | Date: | Hits: 81

Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)

....ody was that of the daughter of the condemned prisoner Mukter Hossain. On the basis of the written application initially an GD Case No. 14 of 1995 was registered with the Ghior Police Station. Sub-Inspector Zaminur Rahman visited the place of occurrence, prepared the inquest report of the dead b......sent in the house when the occurrence took place……….(7)  Lawyers Involved: A B M Bayezid, Advocate—For the Appellant. A Rouf, Deputy Attorney General—For the State-Respondent. Jail Appeal No. 1 of 2006. (From the judgm......al affirming the conviction and capital sentence awarded under section 302 of the Penal Code. 2. The short fact is that on 18-7-1995 one Monowara Begum (PW 6) lodged information with Ghior Police Station that a body of a female child was floating on the water in a nearby bamboo bush on t..

Category: Criminal Law | Date: | Hits: 71

State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)

....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......ate vs. Ful Mia, (2000) 5 BLC (AD) 41; Abdul Karim vs. State and another, (1981) 1 BLD (AD) 200; Abdur Rashid vs. the State, 27 DLR (AD) 1. Lawyers Involved: Mohammad Ali Akand, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate- on-Record- For the appellant. Abdul Jabbar......4 of the Penal Code to which they pleaded innocence and claimed to be tried. 10. Prosecution in all examined 13 witnesses. Of them P.W.5 at the relevant time was the Officer-in-Charge of Malendaha Police Station and recorded the FIR on the oral statement of the informant (P.W.I), P.W.7 was the Up..

Category: Criminal Law | Date: | Hits: 44

Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)

....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ling upon the respondents to show cause as to why the respondent Nos.1 to 3 should not be directed to appoint the petitioner M. Rafiul Karim son of late Bazlul Karim Chowdhury of Village-Barakhain, Police Station-Anwara, District-Chittagong as Mutawalli of the Ershad Ali Chowdhury Waqf Estate E...

Category: Trust/Waqf Law | Date: | Hits: 199

Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)

....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 36

State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)

....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ..........................Petitioner Vs. Joinal Fakir & another.........Respondents Judgment November 28, 2007 Lawyers Involved: Abdur Rouf, Deputy Attorney General. Instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner    ...... Uddin died on way to Ullapara Hospital. P.W.5, Md. Sirajul Haque was taken to Sirajganj Sadar Hospital for treatment. Thereafter, P.W.1 went to the police station and lodged F.I.R. 3.  Police on completion of investigation submitted charge sheet in the case. During trial the accused..

Category: Criminal Law | Date: | Hits: 36