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Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246...Category: Criminal Law | Date: | Hits: 51
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......the learned Counsel for the appellant and Mr. M. Khaled Ahmed, the learned Advocate-on-Record for the respondent No.3 and perused the judgment of the High Court Division and other connected papers on record. 7. It appears from the record that the decretal amount was at Tk. 18,07,373/- and the mo......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177..Category: Civil Law | Date: | Hits: 92
Simon Singh Vs. State, 2008, 37 CLC (AD)
.... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ......occurrence, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, seized alamats by preparing seizure list, examined the witnesses and recorded their statement under Section 161 of the Code of Criminal Procedure and finally submit...... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ..Category: Criminal Law | Date: | Hits: 47
Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)
....d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ......e-on-Record and perused the connected papers including the impugned judgment. We do not find any substance of the points raised. The High Court Division upon correct assessment of the materials on record arrived at a correct decision. We, therefore find no reason to interfere with the same. ......d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ..Category: Property Law | Date: | Hits: 36
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......to time were considered by the Tribunals below then the decision in the matter would have been different. It was, therefore, prayed that an opportunity should be given to the appellant to bring on record the said relevant documents for consideration of this Court which unfortunately could n......ectively are illegal and further for a declaration that the respondent has been in the service of the N.S.I, as an officer absorbed with the entitlement of seniority on the basis of past service and all attendant benefits. The respondent's case is that he was appointed on 31.12.1976 as..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......cel/suspend a sanctioned plan for breach of any of the terms or conditions or for making any incorrect statement under which such sanction was granted. 10. It is found from the materials on record that respondent No. 4 sister of the appellants filed Title Suit No. 9 of 1993 in the Court o......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......n the appellant and about after a year the appellant filed its written statement in the suit on 19-11-1994. Issues were framed in the above suit and the peremptory hearing (PH) commenced by way of recording the oral testimony of P.W. 1 and a date was fixed for cross-examination by the defen......he appeal is allowed without any order as to costs. However, we direct the parities to take steps for expeditious disposal of the suit preferably within 6 (six) months. The requisites for the service of summons are to be put in within 7 (seven) days from the date of the receipt of the judgm..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....ied or expended time, the authority shall consider such statement together with all materials relating to the charge and if, after such consideration, the authority is of the opinion that there is good ground for proceeding against the accused for imposition of major penalty, it shall appoint an......stating, inter alia, that while serving as Bench Assistant of 2nd Court of Subordinate Judge, Khulna, he was charge sheeted on the allegations that he on his transfer failed to hand over the records of three cases to his successor at the time of making charge and he also failed to obtain t...... to follow in Rules. 6. It further appears in the present case the Enquiry Officer found the respondent guilty under Rule 3(d) (iii) of the Rules and on that basis he was dismissed from his service. Aforesaid Rule 3(d) (iii) provides as follows. "3. Grounds ..Category: Administrative Law | Date: | Hits: 94
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ...... Pakistan. After, liberation the respondent No.1 joined Gazipur Ordnance Factory and by supplying false particulars obtained two years ante-dated seniority. Subsequently after his previous service records were received from Pakistan, it was revealed that he did not participate in the war of libe......ion of Bangladesh he joined the Bangladesh Ordnance Factory at Gazipur on 16.12.71 and had he not joined the war of liberation, after expiry of his leave, he could easily go to Pakistan to join his service there; he was granted two years ante-dated seniority in recognition of his participati..Category: Administrative Law | Date: | Hits: 103
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......ment of social, religious or other customary obligations. 12. As it appears the definition of "dealer" as given in the above Order, 1981 is much wide and there is also nothing on record that the appellant was not a dealer of salt. 13. Regarding the applicability of sectio...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ..Category: Criminal Law | Date: | Hits: 70
Nizam Hazari Vs. State, 2004, 33 CLC (AD)
....cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......eal No.107 of 2001 filed by the petitioner. 2. The petitioner was prosecuted under Sections 19A and 19 (f) of the Arms Act read with Section 26 of the Special Powers Act and Special Tribunal after recording evidence convicted him under Section 19A of the Arms Act and sentenced him to suffer Rig......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ..Category: Criminal Law | Date: | Hits: 53
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....d under Section 342 of the Code of Criminal Procedure which is the mandatory requirement of law and as a result the trial has been vitiated. He further submitted that the accused petitioner No.1 in good faith attested the deed in question knowing the same to be genuine. 5. The Petitioners...... to which they pleaded not guilty and claimed to be tried. The prosecution examined as many as 5 witnesses and the defence examined none. The learned Magistrate on consideration of the evidence on record convicted the accused Abdul Latif @ Hanif executant of the questioned document and attesting......e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ..Category: Criminal Law | Date: | Hits: 47
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ...... and order dated 20.08.1996 the High Court Division allowed the appeal and directed that the suit be withdrawn and transferred to the said Division Bench for disposal and further directed that the records be brought by 24.08.1996 before that Bench by Special messenger and to list the case as a t......ith some directions and observations. 2. Short facts are that respondent Nos. 1 and 2 who were employees of the Supreme Court of Bangladesh (High Court Division) were dismissed from the services by order dated 25.07.1996 whereupon they instituted Title Suit No. 167 of 1996 in the 1st ..Category: Criminal Law | Date: | Hits: 49
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
..... Anything due and payable is a debt. In Muthupalaniapa Chettiar v. Alagamal Achi, AIR 1961 Mad. 438 at p. 442. 11. Debt is that which is due from one person to another, whether money, goods or services, that which one person is bound to pay to another or to perform for his ben......ular legislation where the definition of debt were required to be given, for example in Indian Debt Laws. 8. The word "debt" is of a large import, including not only depts. of record on judgment and debts by specialty, but also obligations arising under simple contract...... 12. In the Shorter Oxford English Dictionary, Vol. 1 page 461, it is stated inter alia as under: "Debt.- (1) That which is owed or due; anything (as money, goods, or service) which one person is under obligation to pay or render to another. (2) A liability to pay ..Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ...... that the suit properly belonged to Mojiruddin in 8 annsa share and Latifun Nessa in 4 annas share. Since before C.S. Record. Mohirun Nessa was in possession through exchange and her name was recorded correctly in C.S. Record. While Mohirunnessa was in possession as they registered on ......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ..Category: Property Law | Date: | Hits: 33
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
.... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ..................... Respondents Judgment July 31, 2004. Result: The review petition is dismissed. Lawyers Involved: H.R. Sharif, Advocate, instructed by Md. Aftab Hossain, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No. 165 of 2...... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ..Category: Property Law | Date: | Hits: 67
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......rate discussions and findings arrived at by the trial Court on the question of execution of the patta upon comparison of the signatures of defendant Nos.1 and 2 in the patta with those in the record of Miscellaneous Case No. 52 of 1986-87 filed by them and their signatures appearing in...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ..Category: Property Law | Date: | Hits: 82
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ..Category: Property Law | Date: | Hits: 74
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
.... Chandana was an unregistered one and as such as per provisions of section 107 of the Transfer of Property Act the same was valid for one year only and after the expiry of one year it does not hold good. Accordingly the terms and condition of the agreement are not binding upon the parties an......08.1961 and 28.04.1971". The High Court Division further observed that the judgment of the S.C.C. Court Judge cannot be said that the same is not "rooted in evidence and materials on record and went against weight of evidence on record." 6. Leave was granted to Conside......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ..Category: Property Law | Date: | Hits: 23
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......ng letter of intent as to one of the rest 2 phases of the contract at a rate offered by the petitioner herein was quite within its jurisdiction as because in the background of the materials on record the High court Division was convinced that respondent No.1 is entitled to letter of intent ......g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ..Category: Procedural Law | Date: | Hits: 83
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