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State Vs. Mofizuddin and other, 2005, 34 CLC (AD)

....n also found that the confessional statement of accused Mafizuddin was not true and voluntary as he was not produced before the Magistrate who recorded the confessional statement within reasonable time after his arrest and the manner of occurrence as given in the confessional statement is not co......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. ..

Category: Criminal Law | Date: | Hits: 40

Abul Khair Vs. State, 2005, 34 CLC (AD)

.... 19 of 1989. The High Court Division heard the Death Reference and the above appeal analogously and during hearing found that the defence lawyer appointed by the government was not given sufficient time as well as opportunity to enable him to prepare for the cross-examination of the witnesses an......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..

Category: Criminal Law | Date: | Hits: 52

Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)

....war Saha and others never auction purchased the suit land and they also never took delivery of Khas possession through Court. His further case is that he has been possessing the suit land from the time of his grandfather and they were never evicted from the suit land by the landlords. 5. ......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ..

Category: Property Law | Date: | Hits: 35

Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)

.... Waqf property no material was placed before the Administrator of Waqfs that tenancy of the appellants having had been terminated they are illegally staying in the property of the Waqf Estate. At the time of hearing of the appeal no material has been brought on record to show that the tenancy of the......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..

Category: Trust/Waqf Law | Date: | Hits: 228

Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)

....ling written statement. They denied the material allegations made in the plaint and contended, inter alia, that the interest of plaintiffs' predecessors extinguished 40/43 years ago during their life time and the defendants acquired title and possession in the suit land. The further case of the defe......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 26

Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

....spondent No.8) being his relation has been enjoying a portion of the land in suit as lisencee, that in the year 1968 when law and order situation in the locality deteriorated he left the area for the time being and could not take care of the property, that defendant Nos. 1 and 2 having no right, tit......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..

Category: Tenancy Law | Date: | Hits: 194

Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)

....he appellant No.1 and that the appellant being added as defendant No. 4 on 24.11.1996 the suit itself was decreed on 22.1.1997 without allowing the added defendant that is the appellant two months time in view of non-issuance of any notice under section 80(1) of the Code of Civil Procedure by th......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..

Category: Property Law | Date: | Hits: 40

K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)

....accordingly he was duly retired from service and so there were no legal requirements for giving him any show cause notice and that Additional Superintendent of Police (North) Mymensingh on several times sent latter to the petitioner for giving necessary information and papers vide reference No. ...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ..

Category: Employment/Service Law | Date: | Hits: 82

Kamruzzaman Vs. State, 1990, 19 CLC (AD)

....whether sec­tion 339C of the Code of Criminal Procedure, brief­ly the "Code", shall apply to the trial of the appel­lant under the Special Powers Act, 1974, briefly the "Act". 339C has specified a time within which trial by a Court of Session or a Magistrate shall be con­cluded failing which "fu......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ..

Category: Criminal Law | Date: | Hits: 58

Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)

....the petitioners for settlement of the outstanding dues of the Bank that there was an arbitrariness in the whole proceeding which not only destroyed the enter­prise of the petitioners but at the same time failed to achieve the interest of the Bank itself and that the pe­titioners had not been given......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..

Category: Banking Law | Date: | Hits: 94

Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)

....aku set out from his house in village Damodar PS Fultala on his motor-cycle and went to the sawmill of the ap­pellant at Phulbari gate within Daulatpur PS There the deceased had chats for quite some time and then his partner Humayun took him to his house at Kha­lishpur at about 7 p.m. There also h......he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..

Category: Criminal Law | Date: | Hits: 44

Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)

....the above Miscellaneous Case No. 3128 of 2001 and the High Court Division, by order dated 1.7.2001, allowed the said prayer observating that the complainant petitioner will assist the State at the time of hearing of the Rule; then on 17.7.2001, the complainant pe­titioner, filed an applicati...... learned counsel could not point at any illegal­ity or infirmity in the decision of the High Court Division so as to call for any interfer­ence. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)

....defendants went on appeal. The appellate Court on scrutiny of the Power of Attorney and the Exchange deed (certified copy) found those not genuine. It may be mentioned the plaintiff at no point of time filed the original Exchange deed before the Deputy Commissioner to whom application was filed ......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 38

Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)

....tted that in view of the first schedule to the Arbitration Act which mandated that the Arbitrator/Arbitrators shall make the award within 6 months after entering on the refer­ence or within the time extended by the Court and admittedly the award has been passed beyond the period of time witho......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ..

Category: Property Law | Date: | Hits: 41

Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)

....ffect from 1987; that he reached the highest slab of the scale in 1982; that according to the provisions of memorandum number MF/FD(IMP)3-l(G)/83/12 dated 23.01.1985 he become eli­gible to get time scale and one annual incre­ment each year; that officers junior to the plaintiff were give.......07.1990, 15.05.1991, 18.08.1991 and 09.05.1992 and made some other correspondences, which were also not responded to; that on promotion to the post of Senior Principal Officer he was placed in the scale of Tk. 1850-2375 on the National Pay Scale with effect from 1987; that he reached the highes..

Category: Employment/Service Law | Date: | Hits: 136

A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)

....second show cause notice was served on 3.11.1993 and the petitioner sub­mitted written explanation and denied the charges leveled against him. He took part in the enquiry proceeding but at the time of en­quiry, he found that several other officers were present in the room of the enquiry ...... book is dispensed with as prayed for. The petitioner is permitted to add ad­ditional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ..

Category: Employment/Service Law | Date: | Hits: 91

Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)

....e the Respon­dent No.1 filed the instant application for rec­tification of the Share Register in respect of the second allotment of 12,000 shares made in his favour and that the Respondent No.1 sometime in July, 1997 verbally agreed to transfer his entire share-holding in the Com­pany in favour o......the materials on record arrived at a correct decision and there is no cogent reason to in­terfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: | Hits: 109

Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....cordingly one Abdul Khaleque was appointed as Advocate Commissioner and writ was issued to that effect on that date and the Advocate Commissioner submitted his report on 20.02.2002. But in the meantime the plain­tiff-respondents filed an petition on 10.02.2001 under section 151 of the Code o......xed by the trial court. The trial court thereafter would dispose of the suit in accor­dance with law. The appeal is accordingly allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 31

Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)

.... that a case of recount­ing is to be established from the stage of counting of ballot papers but in the instant case no such case has been made out and the case of recounting was for the first time made out before the Tribunal and as such the Tribunal was not justified in recounting the ball...... stay granted earlier shall con­tinue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ..

Category: Election Law | Date: | Hits: 111

Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)

....long after 18 years of regis­tration of exchange deed in favour of the plaintiff in India. All the courts further held that the plaintiffs could not show the P.W.1 went to India at the relevant time as he said he had no passport at that time. His contention is that he travelled India at the ......ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 59