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Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
....eedings against him cannot sustain being barred under the principle of double jeopardy. 5. He then submits that there being no sanction to prosecute the petitioner who was a public servant at the time of occurÂrence the proceedings are liable to be quashed and, therefore, the High Court Divisio......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly disÂmissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 94
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....g inter alia, that on 22.12.1991 at 7 P.M. the brother of the informant Abdus Salam Biswas was selling medicine in their shop named Shama Pharmacy at Hospital Road, Shalgaria, Pabna and at that time one Panna Bisws came to him and demanded 'Chanda' and he denied to give it and the......rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ..Category: Criminal Law | Date: | Hits: 89
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....the FIR and the offence comes within the purview of section 4 and 8 of the Jana Nirapatta (Bishesh Biddan) Ain and provision of Section 3 of the Act prevail over all other acts which are for the time being in force. 6. Having considered this aspect, the learned judges of the ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 81
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......th arrear salaries etc. 3. The Administrative Appellate Tribunal in its turn considered the facts and circumstances and materials on record and found that in case of reduction of the post and pay scale of an Employee Rule 58 of the Regulation applies according to which imposition of a penalty of..Category: Anti-Corruption Laws | Date: | Hits: 83
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....ng to see the dead body. 3. Then the informant along with her son Belial went there and recognised the dead body of her husband by identifying the wearing clothes of her husband. At that time Nuruddin Member, Ajmat Member, Sakandar Talukder, Ratan Mia, Mohammad Ali Sikder, Razain Praman......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ..Category: Criminal Law | Date: | Hits: 121
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
....party petitioner case that first party-respondent No. 1 used to be engaged as and when required for specific days, at specific rate and against specific vessels, calling at Chittagong port, from time to time ,for which the petitioner acted as local agent engaged as a daily rated employee.&...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and othÂers Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ton and in this way the export is being made. Locally made duplex board is inferior and less durable than those imported from South Korea. The aforesaid Japanese importer asked the respondent, many a times, to use Korean duplex board in the inner and master carton to maintain the standard of quality......ith reference to the relevant proÂvisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and othÂers Vs. Shwkat Ali and othÂers, 2006, 35 CLC (AD)
....m Mojibur Rahman, predecessor of the defendants and agreed to make settlement of the property in exchange and that Amir Ali gave direction to his heirs, the present plaintiffs who were minors at that time except Mujibunnessa and Dilzan Nessa, the two wives of Amir Ali, to execute necessary docu......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 57
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... case in writing. It appears that the appellant in pursuance of that notice appeared before the Arbitrator and submitted their statement of claim. On the other hand, the respondents though prayed for time but subsequently they did neither file any written Objection nor participated in the proce...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
.... Competitive Examination, that the Inspector General of Police appointed some Inspectors of Police to officiate as Assistant Superintendents of Police on different dates between 1984 and 1990. At one time the Government approached the Bangladesh Public Service Commission for the purpose of regulariz......discussions 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: 18 BLT (AD) (2010) 486. ..Category: Administrative Law | Date: | Hits: 152
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....import of the missing items at the costs of the defendant was not acceptable to the defendant who requested the plaintiff to lift the contracted goods repeatedly. The plaintiff asked for extension of time which was allowed but even then the plaintiff did not lift the contracted goods. The......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....intiff is required first to prove that the suit land is ejmali and the parties are enjoying the land in ejmali. The High Court Division further held that in the plaint it was stated that within short time of taking pattan Abdur Rahim and Nur Ali became separate and started living separately by raisi......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
.... the suit and same is the case in the appellate Court as well. No such point as urged was ever urged in the High Court Division and before this Division. But in review the petitioner for the first time has ever urged the point as to maintainability of the suit. 10. We have perused the rec......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....-by him to the 2nd show cause notice the authority by the Memo, impugned in the writ petition cancelled writ petitioner's LPR benefit and other benefits allowed to enjoy. 6. At the time of issuance of the Rule the High Court Division by the order dated January 17, 2000 stayed the ......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..Category: Employment/Service Law | Date: | Hits: 109
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....also found that the confessional statement of accused Mafizuddin was not true and voluntary as he was not produced before the Magistrate who recorded the confessional statement within reasonable time after his arrest and the manner of occurrence as given in the confessional statement is not con......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....gment and order of the High Court Division is liable to be interfered with by this Court. The learned Counsel lastly submitted that the Advocate of the defendants argued at the time of hearing of the application under Order VII rule XI of the Code of Civil Procedure before the...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....ter invoking its jurisdiction under section 85(3) of the Act in view of the facts and circumstances of the case and condoned the delay in holding the AGM for the aforesaid years and enlarged the time for holding the same under the Chairmanship of a neutral person and Mr. K.Z. Alam, Barrister-at......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 118
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....itten objection. The aforesaid Miscellaneous Case was fixed on 13.11.1997 for ex parte hearing. On that date the opposite party No. 1, petitioner Syed Ehsanul Hussain filed an application praying for time to enable him to file written objection but the prayer was not allowed. Thereafter, the learned......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 110
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....can be bypassed by a junior officer. But in the present case it is seen that in the list that was sent to the Public Service Commission did not contain his name and his case was not considered at the time of promotion. Seniority might not be the only criterion but that is one of the criterions which......inance addressed to the Senior Assistant Secretary, Rule 2, Ministry of establishment, Dhaka regarding anti-dated seniority and promotion of the appellant determining the same as per the national pay scale as under: (ক) ০৫-০৮-à§à§ª ইং হইতে সরকারী কর কমà¦..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....but did not make over possession of the shop. The appellant asked him to wait till disposal of the merchandise in the shop and he accepted the said assurance of the appellant since at the relevant time the appellant was one of the persons in the management of the Society. He waited for having th......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ..Category: Procedural Law | Date: | Hits: 111
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