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Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... Revision No. 4924 of 1991 discharging the Rule. 2. The predecessor of the deceased pre-emptor Amirun Nahar instituted Miscellaneous Case No. 193 of 1972 before the learned Munsif (now Assistant Judge) Lakshmipur under section 96 of the State Acquisition and Tenancy Act against the ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......explosion two persons, namely, Abdul Kalam Babul and Arif Haider died and respondent No. 2 Abu Lais Chowdhury was injured and the materials used for making bombs were seized from there and thereafter Officer-in-charge of Chatak Police Station lodged an first information report with the said police s..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....8 of the 3rd Court of Subordinate Judge (now Joint District Judge), Mymensingh in Other Class Appeal No. 202 of 1997 reversing the judgment and decree dated June 8, 1997 of the Court of Senior Assistant Judge, Haluaghat, Mymensingh in Other Class Suit No. 53 of 1995 decreeing the same. The ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....f-Compliance was filed by the Election Commission-the appellant. 35. The decision to prepare fresh electoral roll and appointment of Enumerators, Supervisors, Registration Officers and Assistant Registration Officers was challenged in both the writ petitions. The writ petitioners sta......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......2006. Cases Referred To- Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and PUCL and others vs Electoral Registration Officer (1995) 3 SCC 101. Lawyers Involved: TH Khan, Senior Advocate and Khandker Mah..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ged the Rule obtained impugned order of compulsory retirement dated July 30, 1994. 2. Facts, relevant for the disposal of the appeal are that the appellant while serving as Senior Scientific Officer at the Coconut Research Centre, Rahmatpur, Barisal was served with the show cause notice d..Category: Employment/Service Law | Date: | Hits: 92
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....182 of 1999 (sat) under sections 183/186/188 of the Penal Code pending before the learned Magistrate, 1st Class, Satkhira. 2. Kazi Alamgir Kabir, a process server of the Court of the Senior Assistant Judge, Sadar, Satkhira, on 4-4-1999 submitted report before the learned Senior Assistant ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ady there. 521. Six different decisions, three from Chittagong Bench, and one each from Rangpur, Comilla and Jessore Benches were referred to the Full Bench for deciding the extent of powers of an Assistant Judge who is deemed to be an Additional Sessions Judge under the proviso to sub-section (3......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......nistrator. Section 3 provided that" the Chief Justice and other Judges of the Supreme Court shall be appointed by the Chief Martial Law Administrator from Advocates of the Supreme Court or Judicial Officers". 315. By Proclamation Order No. 11 of 1982, published in the Gazette Extraordinary date..Category: Constitutional Law | Date: | Hits: 1934
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......tions. The allegation of abduction was challenged by them as a ''cock and bull' story. The learned Additional Sessions Judge on consideration of the evidence of 14 witnesses including the Medical Officer who held autopsy on the dead body of Halima Khatun, rejected the defence plea and held the a..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
.... or of grievous hurts………………….(10 & 12) Lawyers Involved: Md. Abdul Malek, Senior Advocate, instructed by Md. Sajjadul Hug, Advocate-on-Record — For the Appellants. B. Hossain, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record— For the Respondent. ......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......y the party of Budhai. The assailants then took away the harvested paddy and left the place. Bazlur Rahman who was still alive was being carried to his house but died on the way. At about 5 P.M., the Officer-in-Charge of Itna P.S. having got information of murder came to the house of P.W.1 and found..Category: Criminal Law | Date: | Hits: 49
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
.... by leave is from the judgment and order dated 8 April 1987 passed by the Writ Bench of the High Court Division, Dhaka discharging the rule in Writ petition No. l20 of l985. 2. The appellant, an Assistant Engineer (Civil) in the employment of the erstwhile Dhaka Improvement Trust (now designa......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......There was thus no malafide as alleged. The respondent stated that the allegation as to A.C.R was not correct and the appellant was duly informed of the adverse remarks made by the counter-signing Officer. The respondent stated that in a departmental proceeding the appellant was found guilty of..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....The appeal is allowed………………..(11 & 12) Lawyers Involved: A.J. Mohammad Ali, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. B. Hossain, Assistant Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondent......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..Category: Criminal Law | Date: | Hits: 59
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
.... and the appeal is dismissed………………(2 & 4) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—for the Appellants. B. Hossain, Assistant Attorney-General, instructed by M. Nowab All, Advocate-on-Record—for the Respondent No......ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127..Category: Criminal Law | Date: | Hits: 45
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....89) 124......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......nominated member. The Chairman and the elected members shall be elected by the direct election on the basis of adult franchise; until such time the Chairman enters upon his office the Upazila Nirbahi Officer or .any other person nominated by the Government shall act as Chairman. Then comes sectio..Category: Election Law | Date: | Hits: 128
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
.... was actually issued for Taka 3,000/- only against cash receipt, but on the body of the C.D.R. the sum of Taka 3,000/- was altered to Taka 30.000/- both in figures and words,, by the appellant, the Assistant Accountant of Sonali Bank, Sirajganj Branch, in collusion with the contractor. After inves...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112......nk, Sirajganj for construction of a flood shelter at Chala under Belkushi Police Station, Sirajganj. For the contractor's failure to complete the work the security was forfeited by the Sub-Divisional Officer, Sirajganj. When the C.D.R. was presented to the Agrani Bank, Sirajganj for encashment it wa..Category: Criminal Law | Date: | Hits: 53
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ning the defendants from disturbing his full possession. 3. Two sets of defendants contested the suit by filing separate written statements. Defendants Nos. 1-3 are Additional Deputy Commissioner, Assistant Custodian, Vested Property, Comilla and Sub-Divisional Officer; in this appeal they are re......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......o sets of defendants contested the suit by filing separate written statements. Defendants Nos. 1-3 are Additional Deputy Commissioner, Assistant Custodian, Vested Property, Comilla and Sub-Divisional Officer; in this appeal they are respondent Nos. 7, 8 and 9. Their case is that in the auction-s..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....din Ahmed J MH Rahman J Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy Commissioner, Revenue, Noakhali & Assistant Custodian of Vested and Non-Resident Property & others…………….. Respondents (I......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ...... 2. Plaintiffs-appellants filed the said suit for declaration of their title to the suit land as they found their title clouded by a Notice dated 18 April 1978 served upon them by the Sub-Divisional Officer, Feni, treating the suit land as Vested and Non-Resident Property and asking them to surrend..Category: Procedural Law | Date: | Hits: 146
Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......ction which was held on 10th February, 1988. After the poll was taken in 3 centres a dispute arose regarding the counting of votes in one centre, namely, South Charbarali Primary School Centre. The Presiding Officer submitted a report showing that the petitioner had got 296 votes in that Centre;......h was held on 10th February, 1988. After the poll was taken in 3 centres a dispute arose regarding the counting of votes in one centre, namely, South Charbarali Primary School Centre. The Presiding Officer submitted a report showing that the petitioner had got 296 votes in that Centre; but by a ..Category: Election Law | Date: | Hits: 110
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....d, held and conducted by the Election Commission in accordance with the rules, and such rules may provide for all or any of the following matters:— (a) the appointment of Returning Officers, Assistant Returning Officers, Presiding Officers and Polling Officers for the conduct of election,......lection Commission in accordance with the rules, and such rules may provide for all or any of the following matters:— (a) the appointment of Returning Officers, Assistant Returning Officers, Presiding Officers and Polling Officers for the conduct of election, and powers and duties of such......0 of 1988) Vs. Mujibul Huq & Others………Respondents (In Civil Appeal No. 40 of 1988) Mozammel Hossain Khan..........Appellant (In Civil Appeal No. 38 of 1988) Vs. The Returning Officer & Upazila Education Officer, Kishoreganj, Nilphamari & Others. ………Respondents ..Category: Election Law | Date: | Hits: 165