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Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ...... of a private Limited Company registered under the companies Act, 1913 is a public servant with in the meaning of Section 2 (b) of the Criminal Law Amendment Act, 1958. 7. The Pertinent question for consideration in this matter is whether the Managing Director or an employee of a priv......le absolute in Criminal Revision No.17 of 1987. Petition for leave to appeal No. 233 of 1995 against the judgment and order passed in Criminal Revision No.104 of 1992 was dismissed. 2. Short facts are that the above mentioned criminal revisions were preferred under section 561A of the Code..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......mits that a cheques can be presented on more than one occasions for encashment, with in 6 months from the date of its issuance and the complainant was, therefore entitled to present the cheques in question as many times as thought necessary with in the aforesaid period of 6 months and by serving......would be manifestly unjust to allow process of the court to continue and would in fact be an abuse of process and, therefore the proceeding is liable to be quashed. 20. After considering the facts and circumstances and the law on the point we find substance in the submissions ma..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. ......stances of the case, sentence awarded i.e. imprisonment for life, is to severe. 6. At the time of hearing of the appeal, the learned Counsel for the appellant has made his submissions on the question of severity of sentence. 7. It is the prosecution case that 3 live cartri......ing them separately there under to suffer imprisonment for life. The Special Tribunal by the same order directed that the sentences shall run concurrently. 2. It may be mentioned in the facts and circumstances of the prosecution case tried in the special Tribunal, the Tribunal wa..Category: Criminal Law | Date: | Hits: 41
Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)
.... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ..Category: Criminal Law | Date: | Hits: 49
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. ......aving the plaintiffs as his heirs the plaintiffs had been possessing the suit land by erecting huts there on through their own men suit land never belonged to any non Bengali and therefore the question of the suit land being abandoned property does not arise some people having gree......e the plaintiff must prove his own case and can not rely upon the weakness of the case of the defendants and in the present case the plaintiff failed to prove even their plaint case and introduced facts which were beyond plaint. 11. It further appears that Ext. 5 is only a notice directin..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. ...... 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. ......olenama and for committing the offence of forgery in the solenama filed before the Court referred the matter to the learned Magistrate for trial according to law. 9. In consideration of the facts and circumstances we do not find any illegality in the judgment of the learned Assistant Jud..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. ......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. ......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. ..Category: Administrative Law | Date: | Hits: 95
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
.... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ...... land in suit. It was the contention of the defendant that the kabala executed by Yakub Ali in favour of his son Ishaque was not acted upon. The lower appellate court in the background of the facts as well as on the basis of the evidence held that the kabala executed by Yakub Ali in favour ..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. ......consider the submission of the learned Counsel for the appellant: "....that the fact of surrendered of plot No. 526 being a concurrent finding of the learned Courts below and only the question as to whether surrender was legal being in issues, the High Court Division erred in remandi......rded 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 adjudicatio..Category: Procedural Law | Date: | Hits: 76
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......4 by which the judgments and orders dated 01.08.94 and 03.08.94 passed by the administrator of wakf in E.C. No. 11966 being Taragonj wakf estate District Rangpur were set aside. 2. The short facts leading to this appeal are that the said wakf estate was established since time immemorial an..Category: Trust/Waqf Law | Date: | Hits: 200
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. ...... on the ground mentioned in this application. At the time of hearing of this appeal it come out that the plaintiff 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. ...... 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. ..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. ......5.12.1999 was legally elected committee of the Union and the letter issued by the Registrar dated 02.01.2000 was inoperative as the suit was dismissed on 12.04.2000 for non-prosecution there was no question of declaring the committee headed by respondent Nos. 5 and 6 as being a lawfully elected c......rected against the judgment and order dated 05.11.2000 passed by a Division Bench of the High Court Division in writ petition No. 3036 of 2000 disposing of the Rule without costs. 2. Short facts are that in the writ Petition Memo No. B-900/577 dated 16.05.2000 issued under the signature ..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. ......vision Bench of the High Court Division in Writ Petition No. 4201 of 1998. By the aforesaid judgment the High Court Division made the Rule absolute. 2. The writ petition was filed questioning legality of the order dated March 27, 1997 dismissing the petitioner from the serv...... remainders to the authority to set aside his order of dismissal and to restore him to his post the respondent No.1 did not receive any reply from the authority. In the background of the aforesaid facts the Respondent No. 1 served notice demanding justice by way of setting aside the order of dis..Category: Employment/Service Law | Date: | Hits: 83
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ......made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ...... as Nikah Registrar was in respect of new area which has no reference to or connection with the area where in the Respondent No. 1 is acting as Nikah Registrar. In the context of the aforesaid facts and circumstances the contention of the Respondent No.1 that by the Memo, dated March 2, 2000..Category: Civil Law | Date: | Hits: 95
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. ......f 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 empl..Category: Criminal Law | Date: | Hits: 35
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. ......te as the court deem reasonable to be paid on the principal sum as adjudged by the award and confirmed by the decree. He submits that in the absence of any specific reference to an Arbitrator on a question as to .what interest is to be paid subsequent to the passing of the decree the Arbitrator ......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. ..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. ...... of acquisition to set up a satellite town at Mirpur and for housing and settlement purposes. Awards were prepared in the name of the predecessors of the writ petitioners for all the plots in question and they received compensation money from the appellants without any objection. Posse...... between the government and the requiring body it is palpably clear that the publication of the final notice in Gazette under Section 5 (7) of the said Act is in process. 10. In view of the facts and circumstances of the case, the lawful order the learned Judgers of the High Court Divisio..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149....... learned Judges of the High Court Division noted the assertion of the appellants that the original tenants constructed the structures in the disputed land as non-agricultural but did not decide the question as to whether the original tenants were non-agricultural tenants as claimed by the appellan......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149...Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....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. ......ested the case by filing a written objection contending that the respondent having remained out of office for about 20 years and also having engaged himself as a practicing Advocate from 22-3-75, the question of payment of arrear salary does not arise. Even otherwise, the conditions in the order o......dent because the respondent accepted the two conditions. Now the respondent cannot turn back and challenge those two conditions and the principle of estoppels or waiver is fully applicable in the facts of this case, which the Appellate Tribunal wrongly decided otherwise. Mr. B. Hossain next s..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ......786 of 1990 disposed of by a common judgment by a Division Bench of the High Court Division, discharging the Rules Nisi. 2. Although different articles were importer appellants yet the question of law involved in all these appeals being common they are being disposed of together in o......cases, the prevailing rate of tariff was lower. In all the cases, the reviling tariff rate as per S. R. O was enhanced by subsequent S.R.O. 4. It will be worthwhile to narrate the facts of one case. Civil Appeal No.6 of 1995 which arises from writ Petition No. 1786 of 1990 the f..Category: Fiscal/Taxation Law | Date: | Hits: 199
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