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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. ...... 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. ......hury CJ.- This application is taken up for hearing to day but the Respondent filed an application praying for returning the plaint of S.C.C Suit No. 2 of 1989 in the Court of Senior Assistant Judge, Sadar, Dinajpur on the ground mentioned in this application. At the time of hearing of this ..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. ......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 election by ways of secret ballot. Respondent Nos. 5 and 6 challenging the legality and propriety of the latter dated 02.01.2000 filed Title Suit No.10 of 2000 in the 2nd Court of Assistant Judge, Dhaka. The respondent Nos. 5 and 6 who were plaintiffs in the suit were examined as P.W.s 1 ..Category: Labour and Industrial Law | Date: | Hits: 100
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....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: 1 ADC (2004)184. ......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: 1 ADC (2004)184. ......l Miscellaneous Case No.2608 of 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 supp..Category: Criminal Law | Date: | Hits: 35
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ...... to death and other accused were convicted and sentenced to 3 years and to pay fine of Tk. 1,000/- in default to suffer rigorous imprisonment for 3 months each. 2. The learned Sessions Judge accordingly send the death reference No. 10 of 1988 (Death Reference No. 13 of 1991 (Dhaka) a..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ...... against judgment and decree dated 31.5.1999 passed by a Division Bench of the High Court Division in First Appeal No.30 of 1999 upholding the judgment and decree passed by the learned Subordinate Judge, 4th Court, Dhaka in Title Suit No.122 of 1998 making the award dated 3.11.1994 of the Arbitr..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......ers have not been bestowed with any legal right for release of the case property from requisition. The writ petitioners have filed title suit No. 188 of 1992 in the 1st Court of Assistant Judge, Dhaka and Title suit No. 96 of 1993in the 2nd Court of subordinate Judge, Dhaka in respect ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....oth the appeals). Vs. Shamsuddin Ahmed.....................Respondent (In both the appeals). Judgment July, 2003. Cases Referred to- Pakistan vs. M/S A. B. Issacs, 22 DLR (SC) 371; Divisional superintendent, P.W.P. Karachi vs. Bashir Ahmad, PLD 1973(SC) 589. Lawyers Involved:&n......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......f Health and Family Planning he was removed from service by a Memo. Dated 29-7-74 under P. O. No. 9 of 1972 which the challenged in title Suit No. 123 (a) of 1978 of the 1st Court of Subordinate Judge, Dhaka and obtained a decree declaring the said order as illegal. The government appellant's..Category: Administrative Law | Date: | Hits: 138
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
....fferent examinations as required under the departmental rules and was then posted at the Environment and Forest Ministry. Thereafter the writ petitioner respondent was appointed to act as Sub-Divisional Forest Officer. A gradation list was prepared and his position was numbered as 107 but h...... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ...... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ..Category: Administrative Law | Date: | Hits: 95
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ...... No.10 of 1989 by discharging the Rule issued in Civil Revision No. 56 of 1992. 2. The facts, in brief are that the appellant as plaintiff filed the aforesaid suit in the Court of Assistant Judge, at Gouripur Upazilla for permanent injunction against the defendant respondent stating, inte..Category: Property Law | Date: | Hits: 23
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......ch of the High Court Division in Civil Revision No. 3023 of 1994 making the Rule absolute and there by setting aside the judgment and order dated 16.08.1984 passed by the learned Addition district Judge, 4th Court, Comilla in Miscellaneous Appeal No. 85 of 1992 reversing the judgment and order d..Category: Procedural Law | Date: | Hits: 84
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......g the rule absolute setting aside those dated 20.6.1993 of the Court of appeal below passed in Miscellaneous Appeal No.12 of 1989 affirming those dated 28.2.1989 passed by the Court of Subordinate Judge, Narsingdi in Preemption Miscellaneous Case No.28 of 1985. 2. The facts leading to the..Category: Property Law | Date: | Hits: 30
Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)
.... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ...... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ......ve is against judgment and order dated 4.5.1999 passed by the High Court Division in criminal Appeal No. 1933 of 1993 upholding the conviction and sentence passed by the learned Sessions Judge, Rajbari in Session Case No. 1 of 1993 convicting the sentencing the appellants to suffe..Category: Criminal Law | Date: | Hits: 78
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ...... "That in view of the existence of the statutory provisions of filing election petition as provided in Article 46(17)(ii) of the first statute, the Dhaka University the learned Judges of the High Court Division committed an error of law in passing the impugned judgment and o..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ...... appropriate case when it is found that the victim has been illegally and improperly kept under confinement under the garb of judicial custody when she is a minor on the order of the learned Sessions Judge and as such the said confinement is on the very face of it is illegal, (ii) whether a detune w..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......;2002. Result: The appeal is dismissed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A When a conviction and sentence is passed against a particular accused by the Special Tribunal upon consideration of the evidence on record and if no appeal could be preferred wi...... No. 5980 of 1998. The appellant was convicted under section 385 of the Penal Code in Special Tribunal Case No. 826 of 1994 arising out of Pallabi P.S. Case No. 6(5)794 by the Senior Special Tribunal Judge, Court No. 1, Dhaka no 30.03.1995 and sentenced him to suffer rigorous imprisonment for 7 year..Category: Criminal Law | Date: | Hits: 47
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ...... 2. The short fact leading to this appeal is that respondent as plaintiffs earlier instituted Other Class Suit 1977 against the present appellants and others in the Fist Court of Subordinate Judge, Chittagong for declaration of their right of permanent tenancy in the suit land with a ..Category: Property Law | Date: | Hits: 31
Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)
....991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......dure. The High Court Division rejected application summarily. The appellants moved the High Court division against the judgment and order dated July 9, 1995 of the Court of additional Sessions Judge, Kushtia, passed in Criminal Revision No. 51 of 1995 dismissing the same. The said revision-..Category: Criminal Law | Date: | Hits: 34
Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)
....eal is allowed on modification of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ......eal is allowed on modification of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ......994 of a Single Bench of the High Court Division in Criminal Revision No. 1512 of 1992 discharging the Rule obtained against the judgment and order dated September 30, 1992 of the Court of Sessions Judge, Dinajpur in Criminal Appeal No.102 of 1991 dismissing the same, the criminal Appeal was fil..Category: Criminal Law | Date: | Hits: 35
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ...... and order dated 03.08.2004 passed by the High Court Division in First Appeal No.219 of 2003 allowing the appeal setting aside the judgment and decree dated 20.02.2003 passed by the Joint District Judge, 1st Court, Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the..Category: Property Law | Date: | Hits: 40
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
....signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......shy;ing the appeal (Heard analogously with Criminal Appeal No. 811 of 1990) thereby setting aside the judgment of conviction and sentence dated 07-07-1990 passed by the learned Additional Sessions Judge, Tangail in Sessions Case No. 56 of 1987 convicting the accused-appellant under Sections 364 ..Category: Criminal Law | Date: | Hits: 36