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Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....quired to be considered by the Government and for doing substantial justice. The High Court Division rightly passed the judgment in favour of the respondent for the purpose of doing equity and for good conscience. We find sufficient force in his argument. 17. Mr. AJ Mohammad Ali, in reply......10th August, 1978. Summary of this investigation report was placed before the then Hon'ble President and upon considering the said report and in recognition of the respondent's first class academic record and active involvement in the liberation movement of Bangladesh in the year 1971 the respon......cies, the Government decided in 1974/1975 to award the respondent a fellowship/ scholarship to do PhD at the University of Bradford, UK and also to induct the respondent in regular Government service. However, presumably due to steep opposition from a particular quarter, the aforesaid decis..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
.... for consideration before this Division in the case of Siddique Ahmed Chowdhury and others vs Gani Ahmed and others reported in 33 DLR (AD) 1. (also reported in 1979 BSCR, 375) and after reviewing good number of cases, it has been observed, "On a review of the authorities cited above, it is......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......e plaintiff and he is paying rent, that Haji Jalilur Rahman filed Other Class Suit No. 844 of 1975 in the Court of Munsif, (now Assistant Judge) 2nd Court, Gaibandha seeking rectification of the RS record but the same was dismissed on February 14, 1977, that upon suppression of the said fact def...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ....... 3. During investigation accused Md. Joynul Abedin alias Md. Momin Ali, Md. Jamir Ali, Md. Tajul Islam and Md. Shahed Ali were arrested. They were produced before the learned Magistrate who recorded their confessional statements under section 164 of the Code of Criminal Procedure. The inv......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....any aspersion, needless to say that in view of the socioeconomic background of our society as the women are lagging behind in all spheres of national life including administration at all levels for good reasons our Constitution postulates in Article 10 that steps shall be taken to ensure participa......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......have perused the confessional statement of co-accused Zinnah Sardar marked as Exhibit 4 by the trial Court. We have also perused the evidence of PW 20 Binoy Bhusan Talukder, learned Magistrate who recorded his confessional statement. On perusal of the statement and evidence of PW 20, we are of t......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......e petitioner for preempting the case land sold in favour of the pre-emptee petitioner on 29-3-1972 staling, inter alia, that she is co-sharer by inheritance from her father Bazul Haque, one of the recorded co-sharers, and that the preemptee-petitioner is a stranger purchaser and that without ser...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....ivision in allowing bail to the accused respondent. The other ground mentioned by the High Court Division as to illness of the mother of the accused petitioner does not also hold good by now due to lapse of time. 15. We have given our anxious consideration to the submissions ......l Case No. 4 of 2003. Prosecution examined 36 witnesses while none was examined as defence witness. The Tribunal after hearing the prosecution and the defence and in consideration of the materials on record by the judgment and order dated 9-10-2004 convicted the respondent No.1 under section 6 of th......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......to notice that after selling the land, as claimed by the plaintiff, in respect whereof decree for specific performance has been sought, the seller would have no other land. There is nothing on the record to show the fact or circumstances that prompted Abdur Rashid to divest his entire land to pl......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......er, the question of applicability of the Service Regulations of respondent No. 1 to the petitioner does not arise. 4. The respondent Nos. 1 and 2 by filing supplementary affidavit brought on record certain materials relevant for appreciation of the issues involved in the writ petition. Ann......missioned as Second Lieutenant on 29-3-1970 and ultimately, was promoted as Captain in 1974. In 1979 he was deputed as Director of Central Transport Pool of the Bangladesh Secretariat Service. The service of the petitioner was placed under the Ministry of Petroleum and Mineral Resource on 3-3-19..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......basis" for preparation of a fresh voters list. 41. Mr Khandker Mahbubuddin Ahmed, learned Counsel appearing for the appellant in both the appeals, has taken us through the materials on record including the impugned judgment. 42. Challenging the legality of the findings an......fers to rules 7-18 which contain the procedure for inclusion, deletion and correction and Rule 14 provides for issuance of notice in the case of correction of an entry and Rule 15 also provides for service of such notice either personally or by post. 28. So, the decision of High Court Div..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......har birudhe anito ovijog hoite apna hoitei obbahoti paiyyachewn bolia gonno hoibe. (The other part the Regulation is not necessary for the present purpose). 7. The learned Advocate-on-record in refusal of the contention of the appellant as to non-completion of the proceeding within......isfactory an enquiry was held. On conclusion of the enquiry the appellant was served with the 2nd show cause notice along with the enquiry report mentioning the proposed punishment of removal from service. The appellant was allowed 7 days time to reply to the 2nd show cause notice and the appell..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......spect of the case. He further submits that there are contradictions in the evidence of witnesses. 8. Lastly he submits that leaving aside of the case of Aynul Sheikh, on the evidence on record, even if admitted for argument's sake, prosecution failed to prove that the death of the vic......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ...... the local people informed the police and the police reached the place of occurrence and then saved him. On receipt of the report, the learned Senior Assistant Judge perused the materials including record of the case and forwarded the report to the learned Magistrate concerned. The learned Magis......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....f oral gift in respect of the property in favour of his son Abdus Salam Abdus Sattar on 16-6-1964. The company was allowed to use the land in the plaint schedule as a godown for storage of finished goods belonging to it being in permissive occupation as a sort of licence only and construction wa......joyment of the same in open assertion of hostile title for over the statutory period without objection or obstruction from any of the heirs of late Abdus Sattar or anyone else. The land was wrongly recorded in the name of the defendant No. 6 because after transfer to the said Abdus Sattar, she h...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ivision. The amended Article has destroyed this basic structural pillar of our Constitution, 24. Mr. M. Nurullah, the learned Attorney-General, contended that the amendment has been made for the good of the people. The concept of permanent benches at six places having jurisdiction of the area......nches Rules, 1988 framed under Article 100(6) as amended by the Constitution (Eighth Amendment) Act, 1988. 3. In the other case the Registrar of the Supreme Court had taken steps for sending the record to Chittagong Bench and the appellant was denied to affirm affidavit and have the writ petiti......of the British Constitutional pattern. It is common knowledge that Britain does not have any written Constitution. It is needless to pursue this topic further although Mr. Asrarul Hossain offered his services to negative the contentions of the Attorney-General that the Parliament is omnipotent. A ..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... to the Doctor but this statement was not exhibited. He mentioned that I.O. saw the statement and asked him as to the particulars of Dablu and whereabouts in the hospital. Although the I.O. said he recorded the statement of Nurul Islam on 29.1.81 and he did not meet him before that date. 16. ......s coming out from the room after pressing his chest and telling him to take him to the hospital and mentioned that accused Dablu has "finished him and his mother". This Dablu was dismissed from the service by P.W. 4 few days back and accused Dablu held out a threat to take revenge. The informant f..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..Category: Procedural Law | Date: | Hits: 110
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......of partnership, a sort of seasonal joint venture of buying and selling paddy, was mentioned in the FIR to show how the accused earned the complainant's confidence. After considering the evidence on record we find that the High Court Division correctly refused to interfere with the findings of the ......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..Category: Criminal Law | Date: | Hits: 44
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