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Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....refore no question of review arises. In view of the above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......urisdiction, he further submits that under sub-section (2) of Section 6 of the Bangladesh Public Savants (Special) Provisions Ordinance, 1979 there being provision for filing an application for review to the appointing authority before filing the case to the Administrative Tribunal and the res..Category: Employment/Service Law | Date: | Hits: 62
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. .......e. land covered by pattan Ext.1 and 1 (ka). In the face of the documentary evidence and because of the total absence of evidence relating to possession of land excess of pattan land we are of the view that High Court Division was quite correct in dismissing the suit since plaintiff prayed for t..Category: Property Law | Date: | Hits: 24
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......suit for cancellation of the judgment and decree of the courts below in O.S No. 9 of 1975 on the basis of which the register deed was executed in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case..Category: Property Law | Date: | Hits: 28
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......y or any defect of law at any stage of the proceeding for our interference and as such we are fully in agreement with the findings and decisions arrived at by the High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed..Category: Criminal Law | Date: | Hits: 55
Alaluddin Vs. State, 2003, 32 CLC (AD)
....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ...... Criminal procedure the petitioner denied to have made any confessional statement, all the columns of the from wherein the confessional statement was recorded were not filled up and so in view of decision reported in 17 BLD 352 the confessional statement of the petitioner can not b..Category: Criminal Law | Date: | Hits: 36
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......specially when by the said gifts and solename late Fatema khatun has been divested of all her properties. 6. Mr. Mahmudul Islam, the learned counsel for the respondents, submits that in view of the admitted fact that the plaintiff having revoked the deeds of gift by registered deed of..Category: Procedural Law | Date: | Hits: 87
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......ned order dated 24.11.1993. Annexure-E void and without lawful authority because of violation of the principle of natural Justice as well as equality clause of the Constitution because in view of the order dated 8.11.1993 the respondent No.1 acquired a vested right which could not be ta..Category: Employment/Service Law | Date: | Hits: 82
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....o eye to the observation made by the High Court Division in the instant case while quashing the proceeding as the observation made by the High Court Division as quoted above appears to be erroneous. 14. On the contrary we reiterate that if any cheque is presented to the Bank twic......218. 9. We have considered the submissions and perused the materials on record. The High Court Division while quashing the instant proceeding observed: "In view of our discussions and the decisions as referred to in 51 DLR (AD) 218 and 53 DLR (AD) 111,..Category: Business or Commercial Law | Date: | Hits: 138
Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)
.... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ...... the appellant. So, it comes to that the appellant has been convicted and sentenced under section 19 (f) of the Arms Act. In the background of the facts and circumstances of the case we are of the view as the appellant has already served out sentence for more then 10 and half years i.e. he has s..Category: Criminal Law | Date: | Hits: 41
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
....al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......ths time for filing an appeal from an order of acquittal. Since period of limitation for filing an appeal against acquittal has been prescribed by the provision of the Limitation Act and as such in view of provision of Section 5 of the Limitation Act, the Court if is satisfied with the explanation..Category: Criminal Law | Date: | Hits: 109
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......ntained only the thumb impressions of alleged Nasima and Farhana even thought they were literate and so Safar Ali did not get any title by the alleged purchases made by Ext.11 series; specially in view of the specific plaint case that Safar Ali acquired the title in the suit land by sale deed No..Category: Property Law | Date: | Hits: 29
Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)
.... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ......owever, considered the submission of the learned Counsel as to the order of the High Court Division in awarding cost of Tk. 10,000/- (ten thousand) upon the plaintiff-petitioners and we are of the view that in the facts and circumstances of the case ends of justice would be met if the plaintiff-..Category: Property Law | Date: | Hits: 25
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......r whose signature the order was communicated had no lawful authority and as such it is of no legal effect." 10. It was contended on behalf of the respondent No.1 before the AAT that in view of the provision of Section 6 of the Rules of Business read with the provision at SD. No. 74 (..Category: Administrative Law | Date: | Hits: 95
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
....e court as was made in Title Appeal No. 98 of 1984 to amend the plaint was not complied with. We have already found that the direction to amend the plaint made by the appellate court was totally an erroneous one and in that view of the matter we are of the view that non compliance of the said dir......e Appeal No. 98 of 1984 to amend the plaint was not complied with. We have already found that the direction to amend the plaint made by the appellate court was totally an erroneous one and in that view of the matter we are of the view that non compliance of the said direction did in no way disen..Category: Property Law | Date: | Hits: 46
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
.... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ...... Having regarded to the above aspect of the case find substance in the contention of the learned Advocate for the petitioner, considering the submission of the learned Lawyers of the parties and in view of the facts and circumstances of the case feel that for the ends of justice and for proper a..Category: Procedural Law | Date: | Hits: 76
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
.... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......ere was total non-consideration of the evidence by the High Court Division. 6. We have gone through the judgment of the High Court Division which is the final court of fact and we are of the view that the appeal was disposed of in a very slip shod manner which requires interference. Such ..Category: Property Law | Date: | Hits: 32
Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ...... 52 of 1999]). Judgment Md. Ruhul Amin J.- This appeal, by leave upon a petition for review, is directed against the judgment and order of July 13, 1999 passed in Civil Petition for leav..Category: Employment/Service Law | Date: | Hits: 72
Narayan Chandra Sarker Vs. Abdur Rahman, 2001, 30 CLC (AD)
.... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ......ntiff has a difficult case to sustain in this Small Causes Courts suit as it involves a question of title and for that matter the plaint of the aforesaid S.C.C. Court may be returned. 2. In view of the submission made by the learned Advocate for the Respondent and in view of the provisio..Category: Procedural Law | Date: | Hits: 95
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ......e, 1969 that the Registrar had authority to decide about the validity and legality of any elected committee and further that the High Court Division failed to exercise its power of judicial review under Article 102 of the constitution in the manner required by the constitution and..Category: Labour and Industrial Law | Date: | Hits: 100
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....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. ......rification Board." 5. The Respondents have failed to show any evidence that such approval was obtained from Thakurgaon Palli Bidyut Samity and the Rural Electrification Board. In that view of the matter we hold that the impugned dismissal order was passed without lawful authority. T..Category: Employment/Service Law | Date: | Hits: 83
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