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Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)

.... pre emp­tor respondents alleged that no notice of the aforesaid case was served upon them. They came to know about the agreement, suit and sale of the disputed land on 29.3.1983 for the first time and the pre-emptee appellant in the meantime got possession of the land and struc­ture fro......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ..

Category: Property Law | Date: | Hits: 28

Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)

....ed Abdur Rahim alias Jashim Chowdhury being third son of deceased used to reside at home in the same courtyard along with his father (deceased) after coming from abroad. He went abroad two or three times but came back at short interval. Thereafter, the accused started demanding money from his fat......e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ..

Category: Criminal Law | Date: | Hits: 55

Alaluddin Vs. State, 2003, 32 CLC (AD)

.... went to the police station accompanying the maternal uncle of victim and informed about death of his daughter whereupon unnatural Death Case No.13 of 1998 dated 23.4.1998 was initiated. In the meantime the local people, being suspicious, caught the petitioner who was making contradictory stateme......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..

Category: Criminal Law | Date: | Hits: 36

Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)

....12.62 the respondent No.1 instituted O.S. No. 75 of 1963 against her lay­ing claim to a part of the said properties on the basis of the nullified deeds of gift dated 31.1.41 and 1.5.51 at that time one Abdul Mabub Sawdagar who was closely related to both the parties, offered his services for......ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ..

Category: Procedural Law | Date: | Hits: 87

Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)

....12.1978 he joined Bangladesh Power Development Board as an Assistant Engineer; he had to ten­der resignation from service under BPDB with effect from 20.7.1979 for taking job abroad as at that time there was no provision for allowing an employee to go abroad on deputation; on completion of t......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ..

Category: Employment/Service Law | Date: | Hits: 82

Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)

....ing of the case inspite of an earlier order that the cases filed against the Managing Director and the said case shall be heard together and the further sub­mission that the F.I.R. contains the time when it was lodged with the Motijheel P.S. on 17.09.1984 which has been overlooked by the Hig......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ..

Category: Criminal Law | Date: | Hits: 40

Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)

....lainant and the accused are involved in share business and being closely known to each other the complainant gave a loan of Tk. 60,000,00/- to the accused who assured to reimburse the amount in no time and later issued two cheques in favour of the complainant dated 27.08.2000 one for Tk. 45,000,......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ..

Category: Business or Commercial Law | Date: | Hits: 138

Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)

....been granted to consider the submission made on behalf of the appellant that in the facts and circumstances of the case, sentence awarded i.e. imprisonment for life, is to severe. 6. At the time of hearing of the appeal, the learned Counsel for the appellant has made his submissions on th...... reducing the sentence to the period already under gone. The appellant be set at lib­erty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ..

Category: Criminal Law | Date: | Hits: 41

Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)

.... The witness has further stated that accused Ajut Ali gave undertaking to return the mis appropriated wheat. In cross examina­tion on behalf of the appellant the witness stat­ed that at the time of incident he was a member of the Union Parishad from village Dahia and Bahadur informed him...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ..

Category: Criminal Law | Date: | Hits: 49

Dr. M.A. Mazed and others Vs. Bangladesh, rep­resented by the Solicitor, 2003, 32 CLC (AD)

....ble and if the court is satisfied with the explanation offered as to how delay occurred, then it is quite competent to condone the delay. Article 157 of the Limitation Act provides for 6 (six) months time for filing an appeal from an order of acquittal. Since period of limitation for filing an appea......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ..

Category: Criminal Law | Date: | Hits: 109

Additional Deputy Com­missioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)

....y;prised of an area of 3.09 acres and originally belonged to Yad Ali and Upon his death the same devolved upon his heirs whose names appeared in the S. A records; the heirs of Yad Ali at different time transferred different quan­tum of land to various persons and delivered possession there o......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ..

Category: Property Law | Date: | Hits: 29

Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)

....  either  in Mymensingh  or in Borguna. The respondent No. 1 challenged his transfer as Executive Engineer to Mymensingh by filing A.T Case No.182 of 1987 which was pending till the time of disposal of the Administrative Tribunal Appeal No. 20 of 1997. 4. Since the responde...... before the AAT that in view of the provision of Section 6 of the Rules of Business read with the provision at SD. No. 74 (d) of the Schedule III of the Rules of business as because appellant's pay scale was Tk. 3700-44257-prior approval of the President was nec­essary before issuance of the ..

Category: Administrative Law | Date: | Hits: 95

Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)

....e plaintiff out of the said land has prayed for recovery of possession of 4½ decimals of land possessed by the defen­dant, respondent here in. It is the case of the appellant that at the time of purchase he requested the Respondent to vacate the said 4½ decimals of land by remov...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ..

Category: Property Law | Date: | Hits: 46

Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)

....inistrator of wakf in E.C. No. 11966 being Taragonj wakf estate District Rangpur were set aside. 2. The short facts leading to this appeal are that the said wakf estate was established since time immemorial and was being managed well by the then Managing Committee till 1980. Thereafter a n......uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ..

Category: Trust/Waqf Law | Date: | Hits: 200

Narayan Chandra Sarker Vs. Abdur Rahman, 2001, 30 CLC (AD)

....t filed an application praying for return­ing the plaint of S.C.C Suit No. 2 of 1989 in the Court of Senior Assistant Judge, Sadar, Dinajpur on the ground mentioned in this application. At the time of hearing of this appeal it come out that the plaintiff has a difficult case to sustain in th...... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ..

Category: Procedural Law | Date: | Hits: 95

Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)

....aving been acquitted of the charge made against him he under section 3 of the Public servants (Dismissal On conviction) Ordinance, 1985 is entitled to be reinstated to his original post held at the time of suspension and (dismissal order that is Assistant General Manager (General Service) of Tha......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ..

Category: Employment/Service Law | Date: | Hits: 83

Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)

....r words ¼ area of No. 4 Saltia Union parishad was made part of Gafargaon Municipality and there by said area ceased to be the area of No. 4 Saltia Union Parishad. The Respondent No. 1 at the time of creation of the Gafargaon Municipality was act­ing as the Nikah Registrar of No. 4 Sa......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: 1 ADC (2004) 190. ..

Category: Civil Law | Date: | Hits: 95

State Vs. Abdus Satter and others, 2004, 33 CLC (AD)

....nder sections 148/149/325/326/302/114 of the penal Code. They are waiting for trial in Sessions case No.120 of 1993, before the Court of 3rd Additional Sessions Judge, Dhaka. 5. In the meantime 7 witness were exam­ined in the case and thereafter on 14.05.1998 when S.M. Zillur Rahman ......the Respondents on bail in the interest of justice, the trial court will be compe­tent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ..

Category: Criminal Law | Date: | Hits: 35

State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)

....Magura on 2.10.1986 at 12-30 P.M. Police upon investigation submitted charge sheet against 12 accused out of whom two convicts accused Tuku Biswas and Fashiur Rahman Mola remained absconding at the time of trial. Upon trial respondent No.1 was con­victed under section 396/34 of the Penal Code......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ..

Category: Criminal Law | Date: | Hits: 49

Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)

....n the parties. As a result the matter was referred to sole Arbitrator Mr. Justice Moksumul Hakim for arbitration as per terms of the contract. Justice Hakim proceeded with the arbitration for some time but then he declined to continue and accordingly Mr. Md. Moksudur Rahman was appointed an Arbi......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..

Category: Civil Law | Date: | Hits: 89