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Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)

..... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ......ch, in default to suffer rigorous imprisonment for one month more respective. The Special Tribunal by its aforesaid judgment and order confiscated 150 gold bars to the State. 2. Prosecution case in brief was that while the petitioners were passing through Gate No.5 of the Chittagong port..

Category: Criminal Law | Date: | Hits: 61

Mridul Baul Minto and another Vs. Serajul Islam Babul and others, 2002, 31 CLC (AD)

.... allow the Respondent No. 2 to live with the Respondent No. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ......ail to the Respondent made direction to the effect that Respondent No. 2 shall not be arrested in con­nection with the Munshiganj P.S. Case No. 18 (10) 97 or "in connection with any other case relating to this matter, further petitioner No. 2 shall not be directed by any authority to ke..

Category: Criminal Law | Date: | Hits: 64

Tariqul Islam Vs. State, 2002, 31 CLC (AD)

....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......hundred others being injured that no accused was mentioned in the said F.I.R nor any one was arrested by the police on duty there from the place of occurrence immediately thereafter. 5. The cases was investigated by the police for sometime, thereafter the case was transferred to Criminal ..

Category: Criminal Law | Date: | Hits: 47

Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)

....refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......ond show cause notice on 28.2.1989. The respondent was dismissed from service on 3.12.1989. Hence the A.T. Case No. III of 1994 was initiated. On consideration of the facts and circumstances of the case the learned member, Administrative Tribunal, Dhaka, held that no illegality was committed in t..

Category: Employment/Service Law | Date: | Hits: 62

Sheikh Ahmed Showdagar and oth­ers Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)

....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......r Mohammed and Kasir Mohammad. The land of this Patta was described by boundaries. The said settlement holders got the possession. Ahmed Ali died leaving 2 sons Basarat Ali and Aju Meah. It is the case of the plaintiffs that Aju Meah by amicable arrangement with the broth­er became owner of ..

Category: Property Law | Date: | Hits: 24

Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)

....uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......hers and sisters. As the brothers were already parties to the suit, the sister, the pre-emptor respondents, were substituted as heirs of the deceased brother in O.S. No. 9 of 1975 and the Execution case No. 9 of 1981. The pre emp­tor respondents alleged that no notice of the aforesaid case wa..

Category: Property Law | Date: | Hits: 28

Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)

....e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......and others and then lodged the ejahar (Exhibit-1) with the local police Station. 4. On receipt of post mortem report of deceased and after completion of investigation police found prima-face case and submitted charge-sheet against the convict-petitioner and thereafter the convict-petition..

Category: Criminal Law | Date: | Hits: 55

Alaluddin Vs. State, 2003, 32 CLC (AD)

....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......Session Judge, 4th Court Rajshahi, on 26.1.2000 in Session Case No.178 of 1998, convicting the petitioner under section 302 of the penal Code and sentencing him to death . 2. The prosecution case, in brief, is that vic­tim Balika was brought up in the house of Islam, her maternal uncle..

Category: Criminal Law | Date: | Hits: 36

Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)

....ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ...... and the appellant, the respon­dent No.1 cannot be taken to have been in a position of active confidence of late Fatema Khatun; Section 111 of the Evidence Act has no application in the present case and the burden was on the plaintiff, late Fatema Khatun, to prove the allegation of fraud in ..

Category: Procedural Law | Date: | Hits: 87

Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)

....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ...... his seniority from the date of first appointment; in its 356th meeting date 4.10.1987 (Annexure B) the Board of BPDB decided that he would be re-employed on the same terms and conditions as in the case of 26 other employees re-employed by office order dated 30.9.1987 and on the basis of the abo..

Category: Employment/Service Law | Date: | Hits: 82

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. ...... alleging misappropriation of various sums of a company named M/S Master Industries Ltd. falsification of accounts thereof and filing of false return and creation of fraudulent accounts. The common case of the complainant respon­dent and the accused petitioner was that the petitioner is the ..

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. ......ain, Advocate-on-Record-For Respondent No. 2. Criminal Appeal No. 12 of 2003 (From the judgment & order dated 25.06.2002 passed by the High Court Division in Criminal Miscellaneous case No. 5518 of 2001). Judgment         &nbs..

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. ......mprisonment 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 was in serious error in convicting and sentencing ..

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. ......tained in Berabari as well as accused Ajut Ali was brought to the Dahia government Primary School. On weighing the entire wheat there was shortage of 25 mounds and 19 seers. It was the prosecution case that the accused persons had misappropriated the said quantity of wheat. 3. P.W.1 Chair..

Category: Criminal Law | Date: | Hits: 49

Dr. M.A. Mazed and others Vs. Bangladesh, rep­resented by the Solicitor, 2003, 32 CLC (AD)

....al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......e appeal is dismissed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 417 (3) The 'special limitation' as has been provided in section 417 (3) of Cr. P. C is applicable in a case where a complainant intends to file an appeal before the High Court Division against order of a..

Category: Criminal Law | Date: | Hits: 109

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. ......ubmits that High Court Division wrongly shifted the onus on the defendant petitioners with­out appreciating that the corporation holding Exhibit-5 did not relate to the suit property and no case has been made out about creation of the corpora­tion holding in the plaint and as such im..

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. ......d Counsel as to the order of the High Court Division in awarding cost of Tk. 10,000/- (ten thousand) upon the plaintiff-petitioners and we are of the view that in the facts and circumstances of the case ends of justice would be met if the plaintiff-petitioners are exempted from payment of the af..

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. ......esh rep­resented by the Secretary, Ministry of LGRD and Co-operatives was party in the Administrative Tribunal Case No.135 of 1991 and in AAT Appeal No. 20 of 1997) who was impleaded in the A.T case by name since there were certain allegations in the petition filed before the Administrative ..

Category: Administrative Law | Date: | Hits: 95

Commissioner of Customs Vs. Sayeed Hossain and others, 2003, 32 CLC (AD)

....the judgment. In the afore stated of the matter we do not find any substance in the petitions. Accordingly the petitions are dismissed. Ed. This Case is also Reported in:1 ADC (2004) 223. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Commissioner of Customs, Customs House, Chittagong and others.............Petitioner (In both the cases) Vs. Sayeed Hossain............Respondent (In Civil Petition No. 519 of 2001) Rabba..

Category: Fiscal/Taxation Law | Date: | Hits: 84

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. ......scribed in the 'kha' schedule. The plaintiff out of the said land has prayed for recovery of possession of 4½ decimals of land possessed by the defen­dant, respondent here in. It is the case of the appellant that at the time of purchase he requested the Respondent to vacate the said 4..

Category: Property Law | Date: | Hits: 46