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Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....r declaration of title and recovery of khas possession on the self same ground of ownership. 3. The area of suit land is ½ decimal of land with a shop on the same and both the parties claim ownership over the same. Md. Safiullah, respondent no. 1 in both the appeals institute......o. 90 of 1986 was decreed declaring plaintiff's title in the suit land. These facts are not disputed. The trial Court in the judgment of Title Suit No. 90 of 1986 stated that there was local investigation of the suit land by an Advocate Commissioner to ascertain the exact location of the su..Category: Property Law | Date: | Hits: 175
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....three months more and the sentences to run consecutively. 4. The respondent Abdul Kalam preferred Criminal Appeal No. 2897 of 1999 and the High Court Division after hearing the parties allowed the said appeal, setting aside the judgment and order of conviction of the responden...... Information Report with Mohammadpur Police Station on the basis of which Mohammadpur Police Station Case No. 32 Dated 10.03.1993 was started under Sections 328/420 of the Penal Code. The police held investigation and in course of investigation found that the respondent Abul Kalam introduced himself..Category: Criminal Law | Date: | Hits: 92
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......tal and then a First Information Report was lodged, whereupon Pabna Police Station (PS) Case No. 11 dated 22-12-1991 was started. 3. Police, upon the said F. I. R took up the investigation of the case and thereafter submitted charge sheet under the aforesaid sections and tri..Category: Criminal Law | Date: | Hits: 89
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
.... "It is true the learned Magistrate did not pass necessary orders on the applications filed by the informant and the predecessor followed by him was not proper. But such omission on that part of the learnedMagistrate or the order passed by the tribunal with observation ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 81
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
.... heard hue and cry raised by P.W. 2 and came out of his house along with others and found the dead body of his father lying on Mustard field of one Muslem with grievous injuries on the head and other parts of the body. It was alleged that the informant came to know from P.W. 2 that about 23 accused-......is father striking by Lathi, Hammer and Iron-rod. The accused persons also made attempt to kill his father on previous occasion but could not do so. 3. Upon receiving F.I.R, the police took up investigation and thereafter submitted charge-sheet against 25 accused-persons including the present..Category: Criminal Law | Date: | Hits: 99
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
.... persons forcibly caught and took away fishes from his tank and accordingly Shahajuddin filed C.R. case against the aforesaid persons. The said case was, however, ended on compromise by the parties on the request of the villagers but the accused persons bore grudge in their mind against Sh......n and to feed fat grudge they killed the husband of the informant and in order to cause disappearance of the evidence of offence, they kept the dead body in the jute field. 4. The police after investigation submitted charge-sheet against the petitioners and others on 3-2-94 under section..Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....ife of the deceased was killed by one Shohel, a relation of accused Mashuq Mia. A salish was held over the matter at the residence of accused Mashuq Mia on 13.11.1992 at about 8.00 A.M. The informant party and others went to the salish at the house of accused-appellant Mashuq Mia where accused ......party. The inmates of the house of the informant raised hue and cry and other people came and saved the situation. On the above allegations the informant lodged an F.I.R. Police on completion of investigation submitted charge sheet against accused Mashuq Mia and others. The accused persons..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
....y the High Court Division in Writ Petition No. 2095 of 1999 discharging the rule issued against the judgment and order dated 9.5.1999 passed by the First Labour Court, Chittagong allowing the case in part in Complaint Case no. 14 of 1993 whereby the second party appellant was directed to pay proport...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....t of whole of customs duty and sales tax payable thereon under the said Act and ordinance, subject to the following conditions, namely: (2) Bills of entry duly filled in along with all relevant particulars, proof of value, along with such other detail as may be required by the Collector of Cus......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....C.J. Mohammad Fazlul Karim J M.A. Aziz, J Amirul Kabir Chowdhury, J M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, Government of the People's Republic Bangladesh, Sarak Bhaban, PS. Ramna, Dhaka.....Res......tending Engineer or a Board of Engineers with an officer above the rank of Superintending Engineer as its Chairman. Thereafter, the Arbitrator or the Board Arbitrators was to make an Award after such investigation as he or it might think proper and such Award was final and binding on the parties to ..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....ity to pass any of such interim order". Thereupon the Respondent Nos. 1-11 filed the writ petition seeking the relief as quoted hereinbefore. The High Court Division by the order appealed (ad interim part) upon issuing Rule passed ad interim order, which runs as: "The Respondent Nos. 1-3 are r......discussions 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: 18 BLT (AD) (2010) 486. ..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......Rule 5 of the Bangladesh Abandoned Property (Buildings in the Urban Area) Rules, 1972 for determination that the said property is not an abandoned property; that the Prescribed Authority after proper investigation held, inter alia, that the property is not an abandoned property under the provis..Category: Civil Law | Date: | Hits: 128
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....aring of the leave petition upon which leave was granted accordingly. 8. He further submits that the High Court Division committed error in holding that no contract was formed between the parties inasmuch as there was clear offer and acceptance between the parties and in case of breach o......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....w Petitions are directed against the judgment and order passed by this Division in Civil Appeal No. 45 of 1993 and Civil Appeal No. 86 of 1997. Since both the Review Petitions are between the same parties involving substantially the same facts and points of law, the same were taken up for h......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....hers.... Respondents Judgment March 12, 2005. The Constitution of Bangladesh, 1972, Article 105 Scope of interim relief in a case Substantial part of the relief in the case, while the case is pending for final decision, cannot be given by wa......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..Category: Employment/Service Law | Date: | Hits: 109
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....as Sessions Case No. 365 of 2002 and the case has been transferred to the 4th Court of the learned Additional Sessions Judge for trial and the learned Additional Sessions Judge after hearing both the parties framed charge against the accused petitioner and others under sections 302/34 of the Penal C......ort was submitted against the rest including the petitioner and that the informant filed naraji petition against the said final report and also filed an application to the Government for further investigation of the case and the learned Magistrate directed- for further investigation and Mr. Nur..Category: Criminal Law | Date: | Hits: 103
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......looted away cash from the post office killing those two staffs on duty there. The informant then lodged First Information Report at Brahmanbaria Police Station without naming any accused. During investigation police recovered from the place of occurrence a moneybag containing a scrap of pa..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....mad Fazlul Karim, J.- This appeal by leave arose out of the judgment and order dated 24th August, 2003 passed by the High Court Division in Civil Revision No. 1476 of 2003 making the rule absolute-in-part so far as it relates to finding in respect of section 42 of the Specific Relief Act and di...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
.... Act") and also prayed for calling, holding and conducting the AGM for the years 1998-2000 under the Chairmanship of a neutral and independent person and the Company Court after hearing the parties by its order dated 15.4.2002 was pleased to allow the application of the respondent after in......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 118
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....ated seniority and promotions as Assistant Commissioner of Taxes with effect from 5.8.1974 and as Deputy Commissioner of Taxes with effect from 31.10.1977 above Mr. Anawaruddin Ahmed, (the opposite party No.3 and 58 others in the Administrative Tribunal Case No.218 of 1991); that as per Rule (II)-......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
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