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State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....easonable and manifestly wrong but it is also manifestly perverse. Unless such a finding can be made on the basis of materials on record the order of acquittal should not be interfered. The Appeal is dismissed……….(20 & 21) Lawyers Involved: Abdur Razaque Khan, Additional Attorn..Category: Criminal Law | Date: | Hits: 67
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....rivileges of service Regulation of 1968, the Regulation of 1990 is derogation of his interest, which is not permissible. Such finding of the High Court Division has been confirmed and the Appeal is dismissed…………..(8 & 10) Lawyers Involved: MA ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....isdiction of the Administrative Appellate Tribunal in altering the major penalty of dismissal from service to the reduction in rank of the respondent. The Appeal has no merit and it is accordingly dismissed………….(13 & 14) Case Referred To: Governmen..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....cial Tribunal on the finding that the vessel was arrested beyond the territorial waters of Bangladesh acquitted the accused persons and the appeal preferred by the appellant against that order was dismissed. Leave was granted to consider the submissions as under: "The learned A..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....ople's Republic of Bangladesh & ors.......................Petitioners Vs. Khashru Miah.......................Respondent Judgment January 11, 2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Co..Category: Property Law | Date: | Hits: 77
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
....has been disposed of on merit. This is not permissible under article 105 of the Constitution. The Appellate Division cannot re-hear the matter on merit already disposed of. The review petitions are dismissed. Lawyers Involved: ASM Khalequzzaman, Advocate-on-Record—For the ..Category: Business or Commercial Law | Date: | Hits: 88
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....J Daulat Ahmed…………………..Petitioner Vs. Md. Shafiqul Islam Chowdhury & others.... ............Respondents Judgment November 30, 2005. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXI, rule 1, Order XII, rule (1)..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....pellant's appeal accepted the reference in respect of the appellant and upon allowing the appeals of two other condemned prisoners rejected the reference in respect of them. The said Division also dismissed the appeals of the appellant and that allowed the appeals of the two other condemned pris..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....e Suit No. 123 of 1990 for a declaration of title and for a declaration that the suit property was not an enemy property. The trial Court first decided Title Suit No. 123 of 1990 and that suit was dismissed, then the Title Suit No. 14 of 1991 was decided and that suit was dismissed mainly on the..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....st which respondent No. 2 filed Miscellaneous Case No. 187 of 1979 for setting aside the said ex parte decree before the Subordinate Judge, 1st Court, Dhaka who after hearing, by order dated 26-12-80 dismissed the case. Thereafter, the appellant filed Title Execution Case No. 1 of 1981 before learne..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....rt and the respondent on the ground of Illness prayed for time to file his reply to the second show cause notice but no time was allowed and thereafter the petitioner No. 2 by order dated 14-12-87 dismissed him from service and being aggrieved he preferred appeal to the petitioner No. 1 which wa..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....hury J ASI Md. Ayub Ali Sardar and another.................Petitioners Vs. State........................Respondent Judgment August 29, 2005. Result: The criminal petition is dismissed. The Penal Code, 1860 (XLV of 1860), sections 197 & 302 The Code of Criminal Pr..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
.... Muzammel Hoq as a tenant of one Advocate Osman Gani who in collusion with the plaintiff filed the suit only to harass the defendants and under the facts and circumstances the suit is liable to be dismissed with costs. 4. The trial Court decreed the suit and on appeal the same was affir..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... has been miscarriage of justice and the next submission that, Article 135(1) of the Constitution provides that "No person who holds any civil post in the service of the Republic shall be dismissed or removed or reduced in rank by an authority subordinate to that by which he was appoin..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
.... an acquittal is called for when the evidence against the accused is unimpeachable. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
....o have either enlarged the petitioners on bail or ordered for an expeditious hearing of the appeal. 3. On this submission we do not like to interfere with the impugned order. The petition is dismissed. The petitioners may, however, renew their prayer for bail or for an early hearing of th..Category: Criminal Law | Date: | Hits: 50
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....al government institutions, but the Ordinance abolished a local government namely the Upazila Parishad. The learned Judges of the High Court Division, for different reasons, some of which are common, dismissed all the petitions, but issued the Certificate since the matter is of public importance inv..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....mpanies Act upon which alone submission was made have no relevance at all in the facts of the case, the impugned judgment cannot be interfered with. In the result, therefore, the appeal is dismissed with cost. Latifur Rahman..Category: Business or Commercial Law | Date: | Hits: 124
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....illegal or perverse. There is no compelling reason to interfere with the impugned order of acquittal, more so, when the State has not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil a..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....o why he should not be committed for contempt of Court for publishing and making comments in the Bangladesh Observer dated February 20,1987, under the caption, "Around the Courts, Damage suit dismissed after 25 years" in connection with a judgment delivered on January 20, 1987 by the l..Category: Criminal Law | Date: | Hits: 141