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Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)

....writ peti­tioner respondents submits that a property which has been requisitioned as far back as in 1959/60 for the purpose of permanent acquisi­tion cannot by kept hanging for such a long time when it involves a right to property of a person as contemplated under Article 42 of the Const......the appeal is allowed with­out any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ..

Category: Property Law | Date: | Hits: 29

Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)

....eave was granted to consider the same. To meet the objection of the learned advocate of the writ petitioner respondents that they were not plaintiffs in T.S. No.36 of 1955 learned Attorney prayed for time and time was allowed to him to produce the certified copy of the plaint and or relevant page of......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149...

Category: Tenancy Law | Date: | Hits: 148

Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)

....eview petition was reject­ed by Memo, dated 13-1-94. The respondent was then posted to the Finance Division as Senior Assistant secretary which was equiva­lent to the position he was holding at the time of his removal. The respondent's batch mates numbering 25 were holding the post of Joint Secret......wing arrear salary to the respondent is affirmed and the order allowing pro forma pro­motion to him is disallowed.    Ed. This Case is also Reported in: 1 ADC (2004) 144. ..

Category: Administrative Law | Date: | Hits: 138

Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)

....uties and taxes livable on the said consignment on the basis of the enhanced tariff value introduced by the notifi­cation dated 10.3.90. Nothing was, however, done in the matter and in the meantime differ­ent chambers of commerce and Industry sub­mitted representations to respondent ......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ..

Category: Fiscal/Taxation Law | Date: | Hits: 199

Shamsu Miah and oth­ers Vs. Government of Bangladesh, 2002, 31 CLC (AD)

....e respondents No.1 that signatures appearing in the papers relating to the allotment were denied by the concerned officials upon affirming affi­davit before the Notary Public. 5. At the time of hearing of the writ peti­tions it was submitted from the side of the respective writ p...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ..

Category: Property Law | Date: | Hits: 27

Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)

....that Ibrahim left the profession. The petitioner on 05.05.1990 learnt that the suit was decreed ex parte on 23.08.1999. The further case of the petitioner was that he was sick at the rel­evant time and as such could not appear and contest the suit. It appears that the trial court disbelieved......egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ..

Category: Procedural Law | Date: | Hits: 84

Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)

....ntend to award would be compulsory retirement and lastly it was con­tended that since enquiry proceeding in the light of the provision of Rule 143(4) of the Rules was not completed with in the time specified in the rule i.e. with in the period of 3 months from the date of framing of the char...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ..

Category: Employment/Service Law | Date: | Hits: 69

Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)

....the date of service of service thereon. The Court appeal below, however, concurred with the finding as to limitation but illegally relied upon the statement of the learned Advocate in Court at the time of argument together with the fact that the respondent No.1 had filed an application under ord......appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ..

Category: Property Law | Date: | Hits: 30

Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)

....nd others came to Latif’s father-in-law's house and ordered Latif to follow them. Seeing this Shaheed informed the villagers who came for the rescue of the victim and a fight started. At that time appellant Sohrab dealt a Sore blow on the nabal of Rafique causing bleeding injury and appella...... peri­od of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ..

Category: Criminal Law | Date: | Hits: 78

Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)

....unced to be held by notification dated 25.6.1997 and Graduates of Dhaka University were asked to be enrolled by 31st July, 1997. By successive notifica­tions the present appellants extended the time of registration of Graduates as voters without showing any reason whatsoever. Respondent No.1 ......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ..

Category: Civil Law | Date: | Hits: 98

Arun Karmakar Vs. State, 2002, 31 CLC (AD)

....ending before such court-martial or Commissioners respectively' (e) that a prisoner within limits be removed from one custody to another for the purpose of trial; and (2) The Supreme Court from time to time, frame rules to regulate the procedure in cases under this section; (3) Nothing in t......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..

Category: Criminal Law | Date: | Hits: 34

Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)

....judgment and according to law the con­nected appeal itself was to be filed within 30 days. 4. According to the appellant, since the trial was held in his absence he could not prefer the appeal in time as prescribed by the Special Law and as such after arrest procuring the copy of the judg­ment ......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ..

Category: Criminal Law | Date: | Hits: 47

Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)

....d 29.12.1976 is illegal and of no legal effect. It was also declared that possession of the suit land from the plaintiffs cannot be recov­ered except in due process of law. But in the mean­time though the original suit was dismissed on 22.8.1989 the contesting defendants dispossessed the......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ..

Category: Property Law | Date: | Hits: 31

Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)

.... the settlement of the dispute. The investigating agency on comple­tion of investigation submitted charge-sheet against the appellants under Sections 323, 379 and 411 of the Penal Code. At the time of trial the appellants were called upon to answer the charges under Sections 323, 379 and 411......991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ..

Category: Criminal Law | Date: | Hits: 34

Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)

....er's house and further that in the service rupture particu­lars and addresses of the witnesses in whose pres­ence show cause notice was said to have been affixed at the gate with date and time were not given and that they do not have any physical exis­tence and that there never liv......tridges which were seized by the impugned list to the petitioner immediately. Ed.         This Case is also Reported in: 1 ADC (2004) 13. ..

Category: Criminal Law | Date: | Hits: 40

State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)

.... interrogation the accused per­sons disclosed that one Ainuddin is the owner of the Hundi business who hails from Village-Gobindapur under Police Station-Alamdanga, District-Chuadanga, at that time residing at 62/5, Shantinagar, Second Floor Dhaka. He sent the arrested accused persons to Ram......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ..

Category: Criminal Law | Date: | Hits: 37

Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)

....Kaliganj stating, inter alia, on 26.02.1988 at 10.00A.M. he was plucking tamarind from the tamarind tree standing on his own land. P.W.2, Sufia Khatun was collecting those from the ground. At that time P.W.1 Saker Ali (an injured witness) was plucking Khesari Kalai from a nearly plot of land. Th......tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 260. ..

Category: Criminal Law | Date: | Hits: 38

Misir Ali and another Vs. State, 2007, 36 CLC (AD)

....shy;duced by appellant No.2, Dud Miah an employee of the appellant No.1 from the shop. The High Court Division as well as the Special Tribunal held that P.Ws.2, 3 and 5 were actually present at the time when the Indian goods were recovered from the shop of the convict appellant No.1 but did not ......shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ..

Category: Criminal Law | Date: | Hits: 36

State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)

.... 2. The short fact leading to this petition is that on 20.4.1988 at about 8:45 A.M. the informant along with 3 other persons was coming to their shop at Bheramara Bazar by bi-cycle. At that time deceased Fazlul Hoque overtook them near the house of one Abdul Mondal on the Fakirabad Ram Kr......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ..

Category: Criminal Law | Date: | Hits: 84

M. Tofazzal Ahmed Vs. Jashim Uddin Haydar Faruque, 2007, 36 CLC (AD)

....passed in an appeal, preferred from an order of the Waqf Administrator, Dhaka, under Section 47 of the Waqf Ordinance. The order con­tained an order for handing over the office within specified time and the memo of appeal was rejected by the Court of appeal for non-compliance of the order as......ate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ..

Category: Trust/Waqf Law | Date: | Hits: 210