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Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
.... Khondkar Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Appellant. Abdur Razzaque Khan, Additional Attorney-General, (Faisal H Khan, Assistant Attorney-General with him) instructed by Sajjadul Huq, Advocate-on-Record—For the ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......isoner and two others. 6. Prosecution in all examined 21 witnesses including the official witness PW 19 Magistrate, who recorded the confessional statement of the appellant, PW 20 Medical Officer, who held autopsy of the dead body of the victim and PW 21 is the Investigating Officer. PW..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....aid execution case and executed and registered the deed of sale being No.9921 dated 13-4-81 in favour of the appellant. The appellant thereafter prayed for mutation of the property in his name to the Assistant Commissioner, Settlement Directorate of Housing and Urban Development. On 30-11-83, a high......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......red survey team of the Ministry of Public Works after survey of the house made a report with the remark that the property might not be treated as an abandoned property. Thereafter, the Administrative Officer, Mohammadpur Housing Estate sent a report dated 10-10-84 to the Assistant Commissioner, Sett..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......aker Khairul Kabir ........................Respondent Judgment April 10th, 2005. The Government Servant (Discipline and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good ground for proceeding against the accused is a v..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....ther accused were not found guilty and were thus acquitted. 6. The High Court Division heard Death Reference No. 23 of 1999 along with Criminal Appeal No. 1336 of 1999 preferred by the petitioner Assistant Sub-Inspector Md. Ayub Ali Sarder and Criminal Appeal No. 1424 of 2000 filed by accused pe......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13....... accordingly, Bauphal PS Case No. 7 dated 22-9-1999 was started against the accused under sections 447/148/149/323/302 of the Penal Code. In the meantime, an inquiry took place by the Upazila Nirbahi Officer on the allegation of firing made by the police personnel. Be that as it may, police after in..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
.... the judgment and decree dated 30-6-1996 of the Additional District Judge, First Court, Kishoreganj in Other Class Appeal No. 20 of 1995 dismissing the appeal affirming those dated 5-1-1995 of the Assistant Judge, Bajitpur, Kishoregonj in Other Class Suit No. 88 of 1986 decreeing the suit. ......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......objection certificate for establishment of a cinema hall in the suit plot; that thereafter the Deputy Commissioner, respondent No. 15, sent the matter for enquiry and report to the Upazila Nirbahi Officer, Bajitpur who after holding enquiry submitted report and then the Deputy Commissioner, Kish..Category: Property Law | Date: | Hits: 69
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ook cognizance of the offence and forwarded the case to the Court of Sessions, Mymensingh, where it was numbered as Sessions Trial Case No. 882 of 1991 and was then transferred to the 1st Court of Assistant Sessions Judge for disposal. The learned Assistant Sessions Judge got these Sale‑De......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... Baset Majumder, Advocate on-Record - For the Petitioner (In Civil Petition No. 118 of 1992). Aminul Huq, Attorney-General and AW Bhuiyan, Additional Attorney-General, (Obaidur Rahman Mustafa, Assistant Attorney-General, with them), instructed by B Hossain, Advocate-on-Record -For the Respond...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......ich resulted in litigation that continued for years. During the period of supersession Government took over functions of a local body and managed them through their officers, such as Sub‑divisional Officers, District Magistrates or Commissioners. Hardly any chance was given for these bodies to gro..Category: Constitutional Law | Date: | Hits: 655
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....an order of acquittal passed by the High Court Division in appeal. 2. The petitioner made an application on 19.12.1980 to the District Anti‑Corruption Bureau, Dhaka whereupon an Assistant Inspector made a preliminary enquiry and then lodged a FIR on 29.12.81 at Tongibari PS. T......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......ssistant Inspector made a preliminary enquiry and then lodged a FIR on 29.12.81 at Tongibari PS. The allegation briefly was that Faiz Ali, Sub‑Registrar, Tongibari, Abdul Jalil, Thana Revenue Officer, Tongibari, Mofazzal Hossain, Assistant Tahsilder, Betka Tahsil Office, respondent Nos. 1 ..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....I Farooqui, MA Wahab Miah, Advocates with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Shamsul Alam, Deputy Attorney- General, (Sharifuddin Chaklader, Assistant Attorney-General with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respon......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......as the designated Arbitrator. As the Vice‑Chancellor failed to arbitrate in the matter the contractor-appellant obtained the appointment of Engineer Alhaj Md. Aflatoon, then the Chief Establishment Officer (East), Bangladesh Railway, Chittagong as the sole Arbitrator on an application before the l..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......ation of Tk. 9 lakhs provided the transfer of the plot with construction thereon was approved of by the then DIT. Consequently, respondent No. 4 submitted an application dated 3.9.85 to the Estates Officer, former DIT, praying for permission for transfer of the said plot to the appellant with bu..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......l criminal acts. As to accused Mantu, in whose case trial Court's finding was reversed, basis for reversal was a discrepancy between ocular evidence of the witnesses and the opinion of the Medical Officer who held autopsy on the dead body of Tara. Leave was granted by us to consider whether the ..Category: Criminal Law | Date: | Hits: 93
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
.... tenancy not being heritable. 2. The predecessor of the respondents as plaintiff‑landlord obtained an ex parte decree on 14.7.84 in SCC Suit No. 13 of 1983 of the Court of Small Causes and First Assistant Judge, Dhaka for eviction of the predecessor of the appellants as tenant. The decree was e......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ..Category: Tenancy Law | Date: | Hits: 90
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....ers) Welfare Foundation Order, 1972 (President's Order No. 94 of 1972). 2. On 25th June, 1977 the respondent was appointed as a typist by the Chairman of the Trust. He was promoted to the post of Assistant Accountant on 2nd February, 1984. His service was terminated by an order dated 26th Octobe...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ..Category: Employment/Service Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......advice was given to all authorities concerned to strictly follow the Government Rules while making enquiries under the said Rules. It shows that under rule 10(8) of the said Rules, an Enquiry Officer shall give only his finding whether the accused is guilty or not guilty and shall not make ..Category: Employment/Service Law | Date: | Hits: 67
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....sp; Shahabuddin Ahmed CJ.- In this appeal by special leave, Defendants, Managing Director of Rupali Bank and others are the appellants. Plaintiff, an Assistant Cashier of this Bank is the main respondent, (No. 1). The matter arises from a suit filed......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......nment (Union Parishad) Ordinance, 1983, ousted, by necessary implication, the civil Court's jurisdiction to entertain a suit for declaration that the rejection of nomination papers by the Returning Officer was invalid, in view of the fact that a separate forum- Election Tribunal‑was cr..Category: Administrative Law | Date: | Hits: 130
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
....igned the land under the decree to the appellants retaining other portion to themselves. After the disposal of the Second Appeal in the aforesaid suit, the case record was transmitted to the Court of Assistant Judge, Chaunarughat and it was renumbered as Title Suit No. 49 of 1988. Thereafter the app...... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ...... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 175
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
.....2.1989 made the Rule absolute and directed the release of the detenu at once; that the said order was communicated on 20.2.89 to the appellant and others but a fresh order of detention passed by the Assistant Secretary (Security) of the Ministry of Home Affairs was served upon the detenu on 20.2.89......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed.......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed...
Category: Criminal Law | Date: | Hits: 88
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