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Ass. Custo­dian, Enemy Pro­perty (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)

....) Present: FKMA Munim CJ Badrul Haider Chowdhury J    Shahabuddin Ahmed J  Chowdhury ATM Masud J Syed Md. Mohsen Ali J Assistant Custo­dian, Enemy Pro­perty (L & B), Tangail............................Appe......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......s Judgment June 20, 1983. For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were the rele­vant materials for consideration.....(9) Within the scope of secti..

Category: Property Law | Date: | Hits: 28

Bangladesh Agricul­tural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)

....Khan, Darwan of BADC, Movement Office, Narayanganj submitted to him an application containing allegations under sections 377/442/384/368 of the Penal Code against the General Manager, Supply, BADC, Assistant Manager, Movement BADC and Movement Officer, BADC, Narayanganj. Plaintiff-respondent for......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......anj submitted to him an application containing allegations under sections 377/442/384/368 of the Penal Code against the General Manager, Supply, BADC, Assistant Manager, Movement BADC and Movement Officer, BADC, Narayanganj. Plaintiff-respondent forwarded a photo copy of the application to the C..

Category: Employment/Service Law | Date: | Hits: 63

Abdus Salam Mas­ter alias Salam and another Vs. The State, 1983, 12 CLC (AD)

....cate (Jamiruddin Sircar and M.A. Wahab Miah, Advocates with him), instruct­ed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. Moksudur Rahman, Deputy Attorney-General, B. Hossain, Assistant Attorney-General, instructed by Shahabuddin Ahmed, Advocate-on-Record—For the Respondent......find anything to interfere with the order of the High Court Division refusing to quash the proceed­ings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......he Code of Criminal Procedure, 1898 (V of 1898), Section 202 Witness’s statement before the Magistrate holding enquiry under section 202 may implicate persons not named before the Investigation Officer. Magistrate taking cognizance of the case on the report made under section 202 Cr.P.C. i..

Category: Criminal Law | Date: | Hits: 79

Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)

....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ....... 88 of 1973. 2. It was a suit for specific performance of contract and recovery of possession from the defendant No. 1 Aziza Bibi. The Govern­ment of Bangladesh and the Sub-Divisional Officer, Sadar (South), Mymensingh were impleaded as defendant Nos. 2 and 3. The plaintiff filed a ..

Category: Property Law | Date: | Hits: 30

Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)

..... 263 of 1972 refusing to interfere with an order of acquittal passed by the Sess­ions Judge, Bogra, in Criminal Appeal No. 22 of 1971 setting aside the order of conviction of the respondents by the Assistant Sessions Judge, Bogra, in Sessions Case No. 25 of 1970. Leave was granted to consider t...... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......onths after the death of Asiruddin, but showing exe­cution of his document 4/5 days earlier of the aforesaid three kabalas. 3. The petitioner filed an application to the District Anti-Corruption Officer and sub­sequently the present case was started against the respondents in which police subm..

Category: Anti-Corruption Laws | Date: | Hits: 112

Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)

....nbsp;       Section Officer”   4. He was posted as Chief Inspector of Food at Netrakona by an order dated 6.9.67. Subsequently he was posted as Assistant Rationing Officer under the Controller of Rationing, Dacca. 5. According to the a......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception.   The petition for leave to appeal is accor­dingly dismissed." ...... appointed temporarily to the East Pakis­tan Civil Service (Executive) Class II by the notification No G A VIII-205/61-1260 dated 30th December, 1961. It runs as follows: "The Officers named below are appointed temporarily to the East Pakis­tan Civil Service (Executive)..

Category: Employment/Service Law | Date: | Hits: 105

Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)

....6 D.L.R.(SC) 17; Abdul Quader Chowdhury V. The State, 28 DLR (AD) 39.  Lawyers Involved:   Md. Aftab Hossain, Advocate-on-Record —For the appellants.   B. Hossain, Assistant Attorney General ins­tructed by A. W. Mallik, Advocate-on-Record —For Respondent No. 2.......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed.  Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 14. ......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed.  Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 14. ..

Category: Criminal Law | Date: | Hits: 146

Abdul Quddus Vs. The State, 1991, 20 CLC (AD)

.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......an Ara @ Mina which was not corroborated and substantiated by any independent disinterested witness, that the High Court Division did not give sufficient importance to the, evidence of the Medical Officer which was inconsistent with the oral evidence of this eye witness with regard to the allege..

Category: Criminal Law | Date: | Hits: 58

AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)

....on No. 246 of 1986 making the Rule absolute and dismissing the suit upon setting aside the concurrent decision of the Courts below. 2. Plaintiffs instituted the aforesaid suit in the Court of the Assistant Judge, Sadar Upazila, Kushtia on the averments, inter alia, that the suit premises belonge......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...

Category: Tenancy Law | Date: | Hits: 101

Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)

.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ...... the notice was received by the learned Advocate for the Contractor. The Contractor or his representative did not attend the arbitration proceeding on 18.7.88. As the District Anti­ Corruption Officer seized all the papers in this connection the appellants also could not proceed with the arb..

Category: Others | Date: | Hits: 88

Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)

....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......ny lawful authority and of no legal effect. 2. The respondent's case is that since his joining the service of the Council on 5th December 1980 he has been discharging his duties as Research Officer in the Development Project of Food, Science and Technology Division of the Council's labora..

Category: Employment/Service Law | Date: | Hits: 125

State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)

....ur PS and sent there. The case was investigated partly by PW 22 and then PW 23 SI Rawshan Islam after completing investigation submitted charge‑sheet on 25.6.79 13. PW 17 Dr. Jamiruddin Ahmed, Assistant Surgeon, Faridpur Jail Hospital held autopsy on the dead body of Khairul Alam at 1‑30 PM...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... and one younger but before the police they said that they had seen only two boys in all. PW 11, Shahjahan Bepari stated that he saw the boys at about 4‑00 or 4‑30 PM but before the Investigating Officer he stated that he had seen the boys at 6‑00 PM. PW 12 Sekandar Ali stated in his evidence ..

Category: Criminal Law | Date: | Hits: 38

Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)

.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......ne of the reasons the fact that the second party disclaimed any connection with CS plot No. 533 or SA plot No. 1548 or RS plot No. 2630 in his written statement. The case land was attached and the Officer‑in‑Charge of Tejgaon police station was appointed the receiver thereof. &n..

Category: Criminal Law | Date: | Hits: 54

Muzaffar Ali and other Vs. Government of Bangla­desh and another, 1991, 20 CLC (AD)

....first category of cases (in which the appellants case falls) when the Deputy Commissioner was satisfied about the genuineness of the exchange, he would furnish a certificate to that effect and the Assistant Custodian (L & B) would, on the basis of such certificate of genuineness, give effect......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......lause 4(t), provides that the ADC (Rev.) may, with the previous approval of the Government transfer or otherwise dispose of any vested property either by himself or through the Sub‑divisional Officer in whose jurisdiction the property is situated. These are the provisions upon which the Hi..

Category: Property Law | Date: | Hits: 36

Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)

....sed by a Single Judge of the High Court Division, Chittagong Bench, in revision upholding the concurrent decision of the Courts below decreeing the suit being OS No. 85 of 1975 of the 5th Court of Assistant Judge Sadar Chittagong. 2 One Abul Bashar, predecessor-in-interest of the responde...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..

Category: Civil Law | Date: | Hits: 99

Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)

.... passed by a Single Judge of the High Court Division in revision which has already run out its time. 2. Plaintiff-respondent Nos. 1-6 instituted Other Suit No. 71 of 1987 in the 5th Court of Assistant Judge, Chittagong on 8-8-87 for permanent injunction impleading the appellants as defend......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ..

Category: Civil Law | Date: | Hits: 91

The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)

....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......n. In this case the prosecution exhibited it to prove that the information was made falsely. The respondent did not get any opportunity to cross‑examine the maker of the statement. PW 15 the Police Officer who recorded Ext. 6 on the basis of the verbal statement of the accused Majibur Rahman merel..

Category: Criminal Law | Date: | Hits: 49

Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)

....was filed by the re­spondent before us. 2. The respondent, Mohammad Sanaullah, was first appointed as an ordinary employee in the Nishat Jute Mills Ltd. in 1962 and he was promoted to the post of Assistant Production Officer on 1 July 1982. While he was serving as such in this Mill the Cor­pora......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......spondent before us. 2. The respondent, Mohammad Sanaullah, was first appointed as an ordinary employee in the Nishat Jute Mills Ltd. in 1962 and he was promoted to the post of Assistant Production Officer on 1 July 1982. While he was serving as such in this Mill the Cor­poration, by an order dat..

Category: Employment/Service Law | Date: | Hits: 143

Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)

....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......ecognized the respondents as the assailants of Sham­ser Ali, from the place of occurrence Shamser Ali was taken to Islampur Thana Dispensary for treat­ment. There Doctor S.A. Wahab (P.W.13) Medical Officer of the Dispensary recorded a statement of Shamser Ali Amin at about 9-00 p.m. In this stateÂ..

Category: Criminal Law | Date: | Hits: 53

Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)

....et-aside…………………(9&10) Lawyers Involved: Khondker Mahbub Hossain, Advocate, Supreme Court, instructed by Syed Sakhawat Ali, Advocate-on-Record, — For the Appellants. B.Hossain, Assistant Attorney-General, instruct­ed by Nowab Ali, Advocate-on-Record, — For the Respondent. ......s set aside and they are acquit­ted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......s set aside and they are acquit­ted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291..

Category: Criminal Law | Date: | Hits: 53