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Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and oth­ers, 2004, 33 CLC (AD)

....Ain against the person who has/hade availed the facility or has facilitated one to avail the facility as in section 2(kha) of the Ain and failed to discharge the obligation with in stipu­lated time as per undertaking given at the time of availing one or more of the species as in Section 2(kh...... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ..

Category: Civil Law | Date: | Hits: 121

Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)

....e the Administrative Tribunal both the parties adduced evidence and the Tribunal on consideration of the same by judgment dated 18.2.1995 dismissed the case on two counts, firstly that the case is time barred and secondly that no illegality has been committed in passing the order of compulsory r......late Tribunal as afore­said as hereby deleted and the appeal is accord­ingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ..

Category: Administrative Law | Date: | Hits: 103

Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)

....f the prescribed authority inside the port of arrival or at the customs sta­tion but the convicts did not do so. They tried to leave the customs area without making declara­tion and at that time they were apprehended. 4. The learned Counsel for the petitioner submits that as the p....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ..

Category: Criminal Law | Date: | Hits: 61

Mridul Baul Minto and another Vs. Serajul Islam Babul and others, 2002, 31 CLC (AD)

.... bail to the Respondent No.1 herein. Respondent No.1 is the person with whom appellant No. 2's daugh­ter, Respondent No. 2 herein, left the house of her parents. The High Court Division at the time of granting anticipatory bail to the Respondent made direction to the effect that Respondent N...... allow the Respondent No. 2 to live with the Respondent No. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ..

Category: Criminal Law | Date: | Hits: 64

Tariqul Islam Vs. State, 2002, 31 CLC (AD)

....was mentioned in the said F.I.R nor any one was arrested by the police on duty there from the place of occurrence immediately thereafter. 5. The cases was investigated by the police for sometime, thereafter the case was transferred to Criminal Investigation Department (CID) for investigat......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ..

Category: Criminal Law | Date: | Hits: 47

Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)

.... Notification dated 31.12.1989 by which the provision of review was included in sub-section (2) of section 6 i.e. after the dismissal of the respondent from service on 3.12.1989. Thereafter at the time of dismissal the review provision was not there for the appellant to avail it. 9. Moreo......refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ..

Category: Employment/Service Law | Date: | Hits: 62

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......n; on completion of the term of service abroad he returned to Bangladesh and applied for rein­statement in the service of BPDB with a prayer for maintaining his seniority from the date of first appointment; in its 356th meeting date 4.10.1987 (Annexure B) the Board of BPDB decided that he wou..

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......hile was hold­ing the post of sub Divisional engineer he left the said organization and joined on 1st December, 1966 as District Engineer in Noakhali Zilla Parishad on the basis of a letter of appointment issued under the signature of the secretary, Basic democracies and Local govern­men..

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