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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. ...... through the depositions of the witnesses including the deposition of P. W. 3 who held autopsy on the dead body of Amjad. The Informant P.W 1 father of the deceased Amjad has given the prosecution cases in detail saying that the trouble had started at about 8 A. M. and ended at about 2-30 P. M. ..

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. ..

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. ......Customs challenged the order of her dismissal from service dated 26.8.87 by filing Administrative Tribunal Case No. 183 of 1988 before the Administrative Tribunal, Dhaka. The Tribunal dismissed the case by its judgment and order dated 21.8.89 whereupon the appellant preferred aforesaid appeal No..

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. ......er section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting. 24 acres of land transferred by respondent No. 2 in favour of respondent No. 1 by a deed of exchange dated 8.6.91. Her case was that she was a co-sharer in the holding along with respondent No.2 who transferred the por..

Category: Property Law | Date: | Hits: 66

Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)

.... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ......f one kind that does not include a right of way of another kind. Easement right cannot lead to an excessive user and it must not impose an additional burden on the servant owner. He relies upon the cases of Jamna Prashad vs. Gopinath, 19 I.C. 984; Lala Balbir Singh vs. Amar Singh, 39 I.C. 590=A...

Category: Procedural Law | Date: | Hits: 64

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. ......se No.52 of 1992 and prayed for setting aside the order of dismissal dated 4.5.1992 and for reinstatement in his service with back wages. 5. The second party (Jute Mills) contest­ed the case by filling written statement contending that the case was not maintainable, that he was a work..

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. ......al Court is that the defendants have been possessing the suit land. The trial Court found the plaintiff to be a person unworthy of credit. He admitted in cross-examination that he filed a criminal case against defendant No. 1, which was dismissed for default, as he could not appear with his witn..

Category: Property Law | Date: | Hits: 34

Md. Shahjahan Vs. Azizur Rahman and others, 2004, 33 CLC (AD)

.... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is con­cerned. Ed. This Case is also Reported in: II ADC (2005) 801. ......l Amin J.- In Criminal Appeal No. 17 of 1996 was granted to con­sider the submission that in derogation of all principles of quashing the High Court Division has taken into account the defence case and ordered the quashing of the instant case inspite of an earlier order that the cases filed ..

Category: Criminal Law | Date: | Hits: 38

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. ......the respondent after the expiry of 15 days as required under the provision of law. 6. In support of the submissions Mr. M. Shamsul Alam learned Senior Advocate refers to the decision in the case of Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another in 9 MLR (AD) 299. 7. Mr. A..

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. ......ey obtained a rule and the learned Judges of the High Court Division granted bail to the accused respondent for ends of justice up to 15.08.1996 directing the trial Court to try and dispose of the case within the said peri­od. This Division dismissed the leave peti­tion of the state with..

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. ......saulted his brother indiscriminately who was shifted to the Upazila Health Complex for treatment and that as a result of the injuries he suc­cumbed at the Upazilla Health Complex and accordingly the case was started and the police investigated the case and charge sheet was submitted on 27.03.2001 e..

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. ......e Penal Code and issued summons on December 11, 1993. In compliance of the summons appellant appeared before the Court of Magistrate, Satkhira on January 15, 1994 and obtained bail. Thereafter the case was fixed for trial on May 14, 1994. The appellant filed an application seeking stay of the C...

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. ......file Miscellaneous Case No. 16 of 1995 in the First Court of Subordinate Judge, Dhaka or making the award a rule of the Court. The respondent Chief Engineer, Roads and Highways, contested the said case on vari­ous grounds. But ultimately learned Subordinate Judge made the award a Rule of the..

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. ......law. 9. The Rule was, however, disposed of by judgment and order dated 12 February 1992 with the aforesaid findings and further upon granting a certificate as referred to above "as the case involve a substantial question of law as to the interpretation of Article 31 and 133 of the Co..

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. ......n after in short the Regulations, requires an employee manda­tory to give one month's notice to resign from the service of the Corporation and same having not been complied with in the instant case acceptance of resignation letter was without jurisdiction. 3. The case of the appellan..

Category: Employment/Service Law | Date: | Hits: 95

Mozirullah and oth­ers Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)

....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......f title to acres of land (Schedule-ka) out of a total of .7 acres of land in khatian No. 5, plot No. 202 of Mouza 171 Dagan Bhuiyan (Schedule-kha) and for recovery of possession thereof. It is the case of the plaintiff that Hamid Ali and Azhar Ali, two brothers, by an amicable family partition a..

Category: Property Law | Date: | Hits: 33

Comm. of Customs & ors Vs. N. Rahmania Banaspati & Vegetable Ghee Products Ltd., 2008, 37 CLC (AD)

....ct decision. We therefore find no reason to interfere with the same. All the petitions are accordingly dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 412. ......ivision (Civil) Present: MM Ruhul Amin CJ Md. Joynul Abedin J Md. Abdul Matin J Commissioner of Customs and others….......Petitioner (In all the cases) Vs. M/S. N. Rahmania Banaspati & Vegetable Ghee Products Ltd…........

Category: Fiscal/Taxation Law | Date: | Hits: 66

Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)

....here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ......alashbari Hospital. Due to his deteriorated condition of Saidur Rahman, he was taken to the Rangpur Medical College Hospital and on 23.04.97 at about 4.30 a.m. he succumbed to his injuries. Further case of the informant is that he along with others witnesses having been admitted in the hospital,..

Category: Criminal Law | Date: | Hits: 97

Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)

....the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 442. ...... 23rd September, 2004 passed by a Division Bench of the High Court Division accepting the Death Reference No.98 of 2004 and dismissing the Criminal Appeal No.4314 of 2004. 2. The prosecution case, in short, is that the deceased Shefali Begum, daughter of P.W.2 Nasim Sheikh was married to c..

Category: Criminal Law | Date: | Hits: 86

Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)

....here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. ......udicial inquiry and on comple­tion of the judicial inquiry, cognizance was taken and then the respondent No.1, on appearing before the learned Magistrate on 14.12.2004, obtained bail; then the case being sent to the Court of Sessions Judge and Senior Special Judge, Sylhet was registered as S..

Category: Criminal Law | Date: | Hits: 47