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Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......;ing that accused Monowar dealt fala blow to wards Ebadat which entered into Ms left side of entered into the left side of Ms chest resulting in instant death of both Ebadud and Ansar. In the above facts and circumstances and supporting specific evidence of distinct overt acts of these conde..Category: Criminal Law | Date: | Hits: 35
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ......nd Order dated 9-1-1986 passed by the High Court Division, Barisal Sessions, Barisal in Criminal Appeal No. 5 of 1983) Judgment Shahabuddin Ahmed CJ.- This appeal by the State calls in question an order of the High Court Division in appeal acquitting the accused, respondent Nuru Mira......espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ..Category: Criminal Law | Date: | Hits: 44
Abdus Sobhan Vs. Faruque Ahmed @ Sunan and others, 2004, 33 CLC (AD)
....d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......l for hearing inspite of the fact that the respondents moved the High Court Division repeatedly for early hearing of the appeal. 6. We have considered the submissions made at the Bar. In the facts and circumstances we are of the view that ends of justice would best be met if the appeal is ..Category: Criminal Law | Date: | Hits: 29
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......er dated April 11, 1994 passed by the Administrative Appellate Tribunal in Appeal No. 43 of 1989). Judgment ATM Afzal CJ.- This appeal, among other, raises a very serious and important question, whether a Tribunal established under a law can sit on judgment over a decision of the Hi......ely could not be placed before the Appellate Tribunal due to inadvertence, the Appellate Tribunal was required to hear the appeal on merit in any case and (4) that having regard to the special facts of the case i.e., the writ petition was filed before section 6A was incorporated in the ..Category: Administrative Law | Date: | Hits: 110
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......transfer of a portion of the tank and homestead was effected by a deed of exchange and not be sale. 4. The learned Assistant Judge, Luxmipur, dismissed the case holding that the transfer in question was by way of ewaz and not by sale and that the Miscellaneous case was also barred by limi......the judgment of the learned Single Judge of the High Court Division. 9. It appears from the judgment and order of the learned Single Judge that he held" no oral evidence contrary to the facts recorded in the deed in question is admissible in evidence" and the evidence adduce..Category: Property Law | Date: | Hits: 66
Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)
....e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ...... Order dated 29.4.1998 passed by the High Court Division in Writ Petition No.2016 of 1993) Judgment MA Aziz J.- This appeal by leave by the Second Party Star Jute Mills Ltd. Calls in question the judgment and order dated 29.4.1998 passed by the High Court Division discharging the r......e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ..Category: Labour and Industrial Law | Date: | Hits: 251
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ...... deeds on payment of ad valorem Court fees. 5. In the appeal that was tiled by the plaintiff the appellate Court found that the signatures of the plaintiff in the disputed kabalas are not in question. It was rather admitted that he signed the deeds but did not know that those were sale de......fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ..Category: Property Law | Date: | Hits: 34
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
.... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ...... disclosed the alleged offence and that there is no abuse of process in the proceeding. 5. He further submits that the High Court Division committed error in holding that the notice in question was issued upon the respondent after the expiry of 15 days as required under the provision......shing the proceeding of C.R. Case No. 4321 (A) of 2000 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka under Section 138 of the Negotiable Instruments Act, 1881. 2. The facts, in brief, are that the appellant filed a petition of complaint on 11.12.2000 in the Cou..Category: Criminal Law | Date: | Hits: 42
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ...... 1998 making the Rule absolute and thereby granting bail to the 7 accused respondents in Sessions Case No. 120 of 1993 pending in the Court of 3rd Additional Sessions Judge, Dhaka. 2. Short facts are that on July 9,1992 at about 8/9 A.M the members and supporters of rival unions of employ..Category: Criminal Law | Date: | Hits: 44
State Vs. Kamal Uddin @ Pichchi Kamal, 2005, 34 CLC (AD)
.... of the discussion made above we do not find any substance in the appeal the appeal is, therefore dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 788. ...... of the discussion made above we do not find any substance in the appeal the appeal is, therefore dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 788. ......the rule absolute thereby allowing bail to the respondent in Sessions Case No. 365 of 2002 arising out of Muradnagar RS. Case No. 4 dated 08.03.2002 under Sections 302/34 of the penal Code. 2. The facts, in brief, are that one Enamul Huq as informant lodged a First Information Report with Muradna..Category: Criminal Law | Date: | Hits: 47
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......aving been sent for obtaining opinion of the Hand Writing Expert and the report of the Hand Writing Expert as awaiting and that adjudication of issue as to genuineness of the deed in question as is pending before the Court of Assistant Judge, the proceeding of the C.R. Case be......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ..Category: Criminal Law | Date: | Hits: 50
MD, Foundation Engineer Shatu Ltd. Vs. Civil Engineer (RHD) Sarak Bahban, 2001, 30 CLC (AD)
.... those dated 3.7.1995 passed by the First Court of Subordinate Judge, Dhaka, in Miscellaneous Case no. 16of 1995 are restored. Ed. This Case is also Reported in: II ADC (2005) 782. ......pellant with regard to the rates of the works actually done and certified by the respondent. Therefore, it was not at all necessary for the Arbitrator to make physical verification of the works in question. The High Court Division missed this vital aspect of the case and unconsciously thoug...... those dated 3.7.1995 passed by the First Court of Subordinate Judge, Dhaka, in Miscellaneous Case no. 16of 1995 are restored. Ed. This Case is also Reported in: II ADC (2005) 782. ..Category: Civil Law | Date: | Hits: 98
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ...... appeal from judgment and order dated 26 July 1992 passed by the High Court Division in Writ petition No. 51 of 1990 (renumbered as W. P. No. 1404 of 1991) discharging the Rule. 2. The same question being involved in both the appeals, namely, the vires of the Mujibnagar Employees (Conditio......ate of Haryana reported in AIR 1981 SC 561 the Court considered the proviso to Article 309 of the Constitution which is similar to our provision under consideration and it was observed in the facts of that case that" "The Government thus steps in when the..Category: Employment/Service Law | Date: | Hits: 106
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
.... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ......no help to the learned Counsel in support of his aforesaid submission. The learned Counsel has also referred us to a case report in AIR 1978 (SC) 694. This case has no relevancy since there in question of withdrawal of prospective resignation came up for consideration, but the instant ......urt Division in Writ Petition No. 3855 of 1998 declaring acceptance of resignation of the writ petitioner to have been made without lawful authority and is of no legal effect. 2. Short facts are that respondent joined in the service of Bangladesh Biman, herein after in brief the Bima..Category: Employment/Service Law | Date: | Hits: 95
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......mount of total TK.3,50,000.00. Out of the said amount they purchased turmeric of TK.3,39,916.00 and the accused gave receipt of taking TK. 2,99,000.00. In the meantime the accused sold the goods in question and the accused No.1 informed that total capital and profit of the complainant stands to a......on for Leave to Appeal is directed against the judgment and order dated 09.04.2005 passed by the High Court Division Criminal Miscellaneous Case No.8 122 of 2002 discharging the Rule. 2. The facts of the case are that on 24.05.2000 the respondent No.1 as complainant filed a petition o..Category: Criminal Law | Date: | Hits: 41
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......e No.3904 of 1998 convicting the petitioner under Section 138 of the Negotiable Instrument Act and sentencing him to suffer imprisonment for 1 (one) year with fine of Tk. 18,90,000/-. 2. The facts, in short, are that this application for review has not been filed on discovery of new f..Category: Criminal Law | Date: | Hits: 50
Dr. Md. Abdul Jalil Sarder Vs. Selina Akhter, 2008, 37 CLC (AD)
.... Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 427. ...... Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 427. ......is petition for leave to appeal is directed against the judgment and order dated 02.02.2006 passed by the High Court Division in Civil Revision No.2196 of 1990 discharging the Rule. 2. Short facts are that the plaintiff instituted Other Class Suit No.45 of 1986 in the Court of Assista..Category: Family Law | Date: | Hits: 169
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ...... the admittedly the suit land is graveyard and the contesting defendant admitted that some family members of the plaintiffs were buried in that graveyard. It appears that in the suit the pertinent question is that the suit land relates to which Taluk. It appears from the report of an advocate co......e Appeal No.312 of 1999 affirming those dated 19.10.1999 passed by the Senior Assistant Judge, Additional Court, Sadar, Sylhet in Title Suit No. 50 of 1997 dismissing the suit. 2. The short facts of the case are that the plaintiffs instituted Title Suit No. 216 of 1985 in the First Court ..Category: Property Law | Date: | Hits: 31
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......istration of the deed. As per his admission he was aged about 28 years on 09.05.1995. So, in any view of the matter the suit is barred by limitation. But the appellate Court failed to consider the question of limitation as per law and hence the impugned judgment and decree are not sustainable in......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ..Category: Property Law | Date: | Hits: 30
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ......lling. Thereafter said Asraf Hossain Minar being a Director of Bangladesh Paribahan (Pvt) Ltd. set up his brother that is the plaintiff to create some false documents and instituted the money suit in question and in the said suit filed an application for the attachment of the two buses imported at t...... on payment of all duties and taxes and to sell and to keep out of the sale proceeds of TK.43, 00,000.00 in fixed deposit to the credit of the trial Court till final decision of the suit. 2. The facts of the case, in short, are that the plaintiff-appellant is a Banking Company incorporated unde..Category: Business or Commercial Law | Date: | Hits: 142
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