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Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)

....n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ......n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ..

Category: Property Law | Date: | Hits: 63

Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)

....ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below.  No order as to cost.  Ed. ......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below.  No order as to cost.  Ed. ..

Category: Property Law | Date: | Hits: 56

Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)

....;dent No. 3 to manage the mosque and Waqf Estate.  8. The respondent No. 3 filed an appli­cation before the High Court Division for vacating the order of stay and the High Court Division discharged the Rule with the finding "We therefore, come to the conclu­sion that this writ pet......bsp; 16.  Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law.  Ed. ..

Category: Property Law | Date: | Hits: 57

Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)

....nch of the High Court Division in Criminal Miscellaneous Case No. 2179 of 1994 discharging the Rule. 2. The facts leading to the leave peti­tion, in short, are that the petitioner was officer-in-charge of Nashratpur Local Supply Depot Adamdighi, Police Station in the District-Bogra. Adamdighi P......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dis­missed. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 94

State Vs. Abul Kalam, 2006, 35 CLC (AD)

....ve to appeal against the judgment and order dated 23.10.2000 passed by the High Court Division in Criminal Appeal No. 2897 of 1999 allowing the appeal thereby acquitting the accused respondent of the charge under Sections 328 and 420 of the Penal Code.  2. The facts disclosed in the leav......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ..

Category: Criminal Law | Date: | Hits: 92

Panna Biswas Vs. State, 2006, 35 CLC (AD)

....odged, 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 trial was held in his absence and after the trial the ......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 ..

Category: Criminal Law | Date: | Hits: 89

Enamul Haque Vs. The State, 2006, 35 CLC (AD)

....brother Shuheb snatched away the money while informant tried to obstruct the accused persons terrorized him by showing pistol and that upon the said F. I. R police investigated the case and submitted charge sheet against the petitioner and oth­ers under sections 143/ 341/ 326/ 307/ 379 of the Pe......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)

.... 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 petitioners under sec­tions 302/34......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accord­ingly this petition for leave to appeal is dis­missed.  Ed. ..

Category: Criminal Law | Date: | Hits: 99

Ali Akbor Khan Vs. State, 2006, 35 CLC (AD)

....gainst the order dated 22nd June, 1997 of the 2nd Court of Additional Sessions Judge, Dhaka in Sessions Case No. 25 of 1997 rejecting an application filed under section 265C of the Cr.P.C. seeking discharge of the accused-petitioner. After rejecting the application filed under section 265C of the Cr......ntitled to be discharged from the charge framed against him.  6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed.  Ed. ..

Category: Criminal Law | Date: | Hits: 90

Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)

.... 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 sections 302/201/34 of the Penal Cod......uld not be proved beyond all reasonable doubt.  The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for.   Ed ..

Category: Criminal Law | Date: | Hits: 121

Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)

....e 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 were placed on trial be......sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ..

Category: Criminal Law | Date: | Hits: 95

Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)

....c. and schedule-C for an amount of Tk. 1,97,000/- together with Tiffin allowance with effect from 1954. The respondent could not prove that he is enti­tled to any such bonus or overtime or tiffin charges as alleged in schedules B and C to his petition before the Labour Court. We have called for ...... 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

Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)

....ithout any order as  to  costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above.  Ed. ......ithout any order as  to  costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above.  Ed. ..

Category: Property Law | Date: | Hits: 43

M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

....1:- Settlement of disputes: All dispute of any kind whatsoever arising out of, or connected with the contract shall be referred to the Addle. C.E. for settlement. If either the Engineer / Engineer-in-charge or the contractor be dissatisfied with the decision of the Addl. C/E. on any mat­ter on d...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ..

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)

....er of injunction to the writ petitioners. It was also the contention that in the background of the facts that another Division Bench of the High Court Division by the Judgment on November 24, 1998 discharged the Rule in writ petition No. 647 of 1998 on the very question of determina­tion of seniori......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. ......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. ..

Category: Civil Law | Date: | Hits: 128

Abdul Malek and oth­ers Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)

.... of the  lower appellate court the defendants preferred revisional application and  obtained Rule. The learned  Single Judge of the High Court Division upon hearing the parties discharged the Rule.  9.  Mr. Syed Ziaul Karim, the learned Advocate, appearing for the appe......, felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ..

Category: Property Law | Date: | Hits: 73

Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)

....petition cognizance was taken by the learned Magistrate First Class, Munshigonj under Sections 447/427/379/34 of the Penal Code. Thereafter, by order dated 2-5-2001 the learned Magistrate framed charge against the accused petitioner under Section 379 of the Penal Code. Against the order of fram......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our inter­ference.   Accordingly, this petition is dis­missed.  Ed. ..

Category: Procedural Law | Date: | Hits: 104

Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)

....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same.  Accordingly, the leave petition is dis­missed.   Ed. ......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same.  Accordingly, the leave petition is dis­missed.   Ed. ..

Category: Property Law | Date: | Hits: 66

Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)

.... to the Government, that the authority being not satisfied with the reply constituted enquiry committee and the committee submitted its report with the findings that the writ-petitioner was guilty of charges brought against him.  4.  It may be mentioned the writ petition­er went......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