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Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....ent to testify before the Court as contemplated by section 118 of the Evidence Act, 1872. Accordingly their evidence were recorded by the Court. 15. P.W.4 in his evidence stated that at the time of occurrence he was a student of Class-III of Gourangabari Government Primary School. He then......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......tor for a period of 5 years on contract basis with certain terms and conditions. The plaintiff accepted the offer and joined his service on 16.03.1988. The plaintiff also challenged that before his appointment an audit was held in the office of the Defendant Company and the auditor found some co..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....rvice as Munsiff at Mymensingh Sadar on 10:2.69 and by dint of his merit and diligence he was duly promoted as Subordinate Judge and then as Additional District and Sessions Judge and he also got a time scale; while the petitioner was serving as Additional District and Sessions Judge at Jessore b......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....08 acres of land, though he was left with only 1.06 acres of land. Besides that the defendant No.1 subsequently executed some other documents in favour of defendant Nos. 8, 10 and 11 though at that time he had no longer any saleable interest in the suit property. Considering the above the trial c......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the ex parte decree but the same was dismissed on contest on March 28, 1984 and as against that defendant i.e. Government did not go on appeal. It is the definite case of the defendant that he at no time gave undertaking to the plaintiff that he would not claim the land, that in pursuant to the dec...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....ce but without any arrear salary and allowances for the period he was out of service treating the said period as an extraordinary leave. Thereafter, the appellant joined his duties; that in the meantime the Administrative Tribunal case filed by Mr. Kobad Ali was heard and upon hearing the parries......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
.... petitioner moved the High Court Division under section 561A of the Code of Criminal Procedure and obtained Rule and the proceeding was stayed in respect of the petitioner. The Tribunal, in the meantime, concluded the trial by taking evidence of 27 prosecution witnesses and convicted the other a......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....le President but unfortunately, the respondent was given no promotion on the false report that there was no vacancy on the 10% quota although there were 2 vacancies under the said quota at that time. (vi) Although the respondent was promoted to the post of Joint Secretary on 10-2-1....... Ministry of Establishment, examined the case of the respondent and has given clear opinion in its file on different dates including 12 March 1980, 22 February, 1986 and 21 January, 1997 that the appointment of the respondent as Deputy Secretary with effect from 16 December, 1971 was fully vali..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....s not acted upon, that DW 6, as independent witness, deposed that he knew Rativan Bibi and he identified the thumb impression of Rativan Bibi in the deed in question and that he was present at the time of execution of the deed in question, that DW 2 stated that he knew Rativan Bibi and he read o......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....d Rahim Boksha Bepari took fresh lease of the land by the kabuliyat dated 12-4-1939. 23. The learned Counsel for the respondent submits that since the kabuliyat dated 17-12-1927 by efflux of time became non-effective and that Rahim Boksha Bepari who took lease of the land in suit by the a...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....Ali and Abdur Rahim died in the hospital and Mr Shah AMS Kibria, Advocate Abu Zahir, Abdullah Sardar, Abdul Hossain, Siddique Ali and Feroz Ali were taken to Dhaka for better treatment. In the meantime, Mr Kibria also died. On the basis of the aforesaid first information report, Habigonj PS Case......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....nt and order dated 30-5-2005 passed upon hearing of the aforesaid writ petitions together and disposed of accordingly, discharging the Rules without any order as to costs and directing exclusion of time from 4th January, 2005 when the respondent No. 4 was restrained from holding the election till ......ongst the political parties and jote on the basis of procedure of proportional representation, section 5 thereof preparation of voter's list, section 6 declaration of schedule for election, section 7 appointment of returning officer and other sections for submission of nomination papers, scrutiny, w..Category: Constitutional Law | Date: | Hits: 221
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
....pport of such contention of the preemptor, allowed the pre-emption. 9. On perusal of the impugned judgment of the trial Court, we are afraid if at all this ground was agitated at the time of trial of the case. 10. Be that as it may, the trial Court after recording evidence ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....ion of Section 32 of the Special Powers Act, 1974 which runs as follows: "32. Offences to be cognisable and nonbailable.- Notwithstanding anything contained in the Code or in any other law for the time being in force— (a) all offences triable under this Act shall be cognisable; and (b) no......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....ers are in possession of the land as regard which the plaintiff seeking a decree for specific performance of contract, that plaintiff has created the deed by false personation, that during the lifetime of Abdur Rashid plaintiff did not disclose about the deed, that defendants for the first time ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......as deputed as Director of Central Transport Pool of the Bangladesh Secretariat Service. The service of the petitioner was placed under the Ministry of Petroleum and Mineral Resource on 3-3-1980 for appointment on deputation as Manager of respondent No.2 i.e. Titas Gas Transmission and Distributi..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....e Ordinance. From the provisions of sections 10, 11 and 13 of the Ordinance it is seen that there is no scope for the Commission while it goes for preparation of fresh voter list with the lapse of time between the parliament election held earlier and the period fixed for finalisation of the vote...... to why (i) the impugned decision to prepare a fresh electoral roll taken by the respondent No. 2, without consent of two of the three commissioners of the respondent No.1 and (ii) the impugned appointment given by the respondent No. 3 to about 2,40,000 enumerators, 70,000 supervisors, 6235 ..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
....ted direction to appear before the Medical Board of Barisal Medical College for examination of his health but he refrained from appearing before the Medical Board. The appellant was allowed 10 days time to submit his reply to the allegations in the show cause notice and that was also directed to...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....ree) years more. 6. All the three convicts unsuccessfully preferred Criminal Appeal No. 2180 of 1997 before the High Court Division. Hence are these appeals. It may be mentioned that at the time of hearing the leave petition, the petition, so far as it relates to convict Aynul Sheikh, wa......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..Category: Criminal Law | Date: | Hits: 42
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....e effect that since the said two concerns belonged to the Company and the assets and liabilities of the said two concerns could not be separated, it was necessary to obtain bids for the whole at a time and the date of submission of bid was extended upto 12th June, 1976. That the proforma-defenda...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
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