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Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....ppellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......aving been acquitted of the charge made against him he under section 3 of the Public servants (Dismissal On conviction) Ordinance, 1985 is entitled to be reinstated to his original post held at the time of suspension and (dismissal order that is Assistant General Manager (General Service) of Tha......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ..Category: Employment/Service Law | Date: | Hits: 83
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ......r words ¼ area of No. 4 Saltia Union parishad was made part of Gafargaon Municipality and there by said area ceased to be the area of No. 4 Saltia Union Parishad. The Respondent No. 1 at the time of creation of the Gafargaon Municipality was acting as the Nikah Registrar of No. 4 Sa......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: 1 ADC (2004) 190. ......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: 1 ADC (2004) 190. ..Category: Civil Law | Date: | Hits: 95
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
.... interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......nder sections 148/149/325/326/302/114 of the penal Code. They are waiting for trial in Sessions case No.120 of 1993, before the Court of 3rd Additional Sessions Judge, Dhaka. 5. In the meantime 7 witness were examined in the case and thereafter on 14.05.1998 when S.M. Zillur Rahman ......the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....eanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......Magura on 2.10.1986 at 12-30 P.M. Police upon investigation submitted charge sheet against 12 accused out of whom two convicts accused Tuku Biswas and Fashiur Rahman Mola remained absconding at the time of trial. Upon trial respondent No.1 was convicted under section 396/34 of the Penal Code......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....l and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......n the parties. As a result the matter was referred to sole Arbitrator Mr. Justice Moksumul Hakim for arbitration as per terms of the contract. Justice Hakim proceeded with the arbitration for some time but then he declined to continue and accordingly Mr. Md. Moksudur Rahman was appointed an Arbi......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....;out 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. ......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. ......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)
....th 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.......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.......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)
....e 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. ......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. ......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)
.... 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. ......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. ......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)
...., 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. ......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. ...... 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)
....t 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. ......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. ......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)
....spondent 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. ......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......red in brief as the rules, would not be taken against him for negligence of duties and misconduct due to his failure to attain the target with reared to reception of system loss and increasing recovery of revenue. The appellant replied to the said letter on 30 June, 1994 denying the allegati...... 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)
....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. ......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. ......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)
....lready 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. ......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. ...... 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)
.... 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. ......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. ......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)
....l 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. ......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. ......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)
....de 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. ......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. ......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)
....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. ......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. ......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)
....te, 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. ...... 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......f brick was removed from the place of occurrence, that there is absolutely nothing in the evidence on record that on November 2, 1990 the appellants removed any piece of brick from the stack, that recovery of 1166 pieces of bricks on 16.11.1990 form the house of the appellants with the inscripti......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)
....e impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ......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. ......are that the appellant a citizen of Bangladesh is a leading businessman of Mymensingh. For his safety, security and protection he obtained licenses from the concerned authority to possess fire arms, a .22 bore revolver No. 1616892 with 20 rounds of live cartridges and a .22 bore rifle No. 35..Category: Criminal Law | Date: | Hits: 40