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Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......he learned Additional Attorney General has, however, submitted that no consideration being made regarding the vires of Government Servant (Discipline and Appeal) Rules, 1985 as pleaded in the case, the High Court Division acted without jurisdiction in deciding the case disregarding the dec..Category: Employment/Service Law | Date: | Hits: 62
Habiganj Pally Bidhut Samity Vs. Syed Tafazzul Islam & Ors., 2007, 36 CLC (AD)
.... appearing in the list regardless of their position. The petition is accordingly dismissed (on merit and delay). Ed. This Case is also Reported in: 16 BLT (AD) (2008) 152. ......ondents. Hence the respondents were prejudiced. 4. We are not impressed by the submissions of Mrs. Sufia Khatun, the learned Advocate-on-Record. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on r..Category: Election Law | Date: | Hits: 84
Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)
.... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ...... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ..Category: Constitutional Law | Date: | Hits: 108
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......investigation, police submitted charge sheet No.6 dated 13-05-2002 under Sections 147/148/323/324/326/380/302/447/448 and 417 of the Penal Code against the petitioner and 59 others. Thereafter, the case was sent to the Court of Sessions at Brahmanbaria and was registered as Sessions Trial Case No..Category: Criminal Law | Date: | Hits: 31
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ......re constrained to file the suit challenging the legality of the said notice. 3. The suit was contested by the defendant Nos.1 and 2 by filing written statement denying the case of the plaintiffs and stating, inter alia, that the land in suit was acquired in L.A. Case No...Category: Property Law | Date: | Hits: 22
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ...... of 1997 under section 467/471/109 of the Penal Code and also under section 5(2) of the Prevention of Corruption Act, 1947, now pending in the Court of Senior Special Judge, Sunamganj. 2. That the case of the prosecution is that complainant Shashi Mohan Das filed a complaint in the Court of Senio..Category: Anti-Corruption Laws | Date: | Hits: 88
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......ction 302 of the Penal Code and pleaded not guilty; the prosecution examined 32 witnesses including official witnesses and tendered eight witnesses, the defence examined two witnesses; the defence case as it transpired from the trend of cross-examination of the witnesses was that the victim had ..Category: Criminal Law | Date: | Hits: 48
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
.... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ......hereupon allotted to the Ministry of Home Affairs for housing Gulshan Police Station. The claimant of the property sought for release of the property from the list of abandoned buildings by filing case before the Court of Settlement and the same was allowed. The judgment of the Court of Settleme..Category: Property Law | Date: | Hits: 28
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......ess the application for restoration is filed within 90 days from the date of dismissal of the appeal such application for restoration is not normally entertained. 2. Moreover, in the instant case we do not find any cogent ground for allowing the application for restoration. 3. The ..Category: Administrative Law | Date: | Hits: 95
Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)
.... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ......f his being involvement in conspiracy against the State and planning of sabotage activities. Police Officer of the Detective Branch (DB) further disclosed that the detenu is involved in M-16 Rifle case and having obtained anticipatory bail from the High Court Division, could not be arrested in c..Category: Criminal Law | Date: | Hits: 109
Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
....ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......; be passed in ejmali properties and the principles as laid down in the decisions, following which the High Court Division discharged the Rule, are not applicable in the present case as the facts and circumstances are distinguishable. 4. As it appears in the case of Erfa..Category: Property Law | Date: | Hits: 26
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......nd accordingly since the suit having been filed by two private individuals instead of the Deity itself, the suit is not maintainable and that regarding the question of existence of a Deity the entire case of the plaintiffs rests on oral dedication and although plaintiffs examined witnesses to prove ..Category: Tenancy Law | Date: | Hits: 147
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......ty and propriety of the order dated 3.3.1994 passed by the Secretary, Ministry of Local Government, Rural Development and Cooperatives refusing to grant pension benefit to the appellant. 3. The case of appellant, in brief, is that he entered the service as an Estimator under the Public Health ..Category: Administrative Law | Date: | Hits: 136
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....of suspension and show cause merged and with the order of dismissal the orders of suspension and final show cause became infructuous and in the instant case this issues, which cuts the case at its root, have not been considered at all by the appellate Court below. 7. As it appears the pri......Court Division erred in law in setting aside the judgment of the courts below treating the defendant bank as an ordinarily limited company; in view of the above circular dated 10.6.1996 the instant case is distinguishable from the case of Rupali Bank Ltd. vs. Md. Arab Ali reported in 7 BLC(AD) 1..Category: Employment/Service Law | Date: | Hits: 84
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......r respondent Nos.1-2 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the suit land belonged to Haribhushan Debnath. The plaintiffs' case is that he got the suit land by purchase from Haribhushan Debnath by three registered kabalas ..Category: Property Law | Date: | Hits: 25
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......Rumi Akter Hossain………………….....Petitioner (In Criminal Petition No. 239 of 2004) Vs. The State………………………………………………….....Respondent (In all the cases) Judgment March 27, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......8 of 1986 under Order 9, Rule 13 of the Code of Civil Procedure praying for setting aside the aforesaid ex parte decree which was allowed on condition that the Government will pay Tk. 30,000/- and in case of default the said miscellaneous case shall and dismissed; the Government having died to com..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ......nd and khas possession in respect of 4 decimals of land as mentioned in schedule "ga' to the plaint which are claimed to be part of the accretal land measuring 1.51 acres. 2. It is the case of the plaintiffs that land measuring 2.95 acres is the accretal land to the C.S. Plot Nos. 67..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......spondent No.3 missing since 29.12.1982, was discovered on 1.1.1983, whereupon U.D. Case No.1 of 1983 was registered with Sudharam Police Station. Appellant was arrested in connection with the said case on 3.1.1983. Sagir Ahmed, Sub-Inspector of Sudharam Police Station lodged suo moto First Infor..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......nding before the learned Additional Metropolitan Sessions Judge, Chittagong arising out of C.R. Case No. 3774 of 1995 initiated by the Chief Metropolitan Magistrate, Chittagong. 2. The fact of the case briefly stated is that the appellant's daughter, Lutfunnessa, was allegedly murdered by her hus..Category: Criminal Law | Date: | Hits: 105
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