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Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......and order dated 20-11-1997 passed by the Administrative Tribunal, Dhaka in Tribunal Case No. 228 of 1997 allowing the same. 2. The relevant facts are that the appellant filed the above case before the Administrative Tribunal, Dhaka for declaration that he is entitled to get all the f......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......tting dao and he had died on the spot while injured Jalil Munshi was rushed to the hospital where he had died subsequently. 3. Upon the said first information report, police investigated the case and thereafter, submitted charge-sheet on 8-12-2001 and the case was ready for trial and it wa......on report was lodged by one Mojibur Rahman Munshi on 8-12-2001 with the Bauphal Police Station, alleging, inter alia, that there was a long standing dispute and enmity with accused Nos. 1-9 over a landed property and on the date as mentioned above while Jabbar Munshi, a cousin of informant, was ..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......ty and for declaring that the respondent- writ-petitioner is entitled to the facilities and the remedial actions as per letters dated 23-11-1996 and 9-12-1997 of the Attorney-General. 3. The case of the respondent, as stated in his writ-petition, is that he joined the then EPIDC as an Assi......ated in his writ-petition, is that he joined the then EPIDC as an Assistant Engineer in 1960. While he was working as a Senior Research Officer in the then PCSIR he got a scholarship and went to England for higher studies leading to PhD, that while he completed his MS in England, the liberation w..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....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. ......ed her thumb impressions on some papers and later on by using those papers brought into existence Heba-bil-ewaz deed in his favour in respect of the land measuring 1.67 acres. It is also the case of the plaintiff that she never intended to execute any Heba-bil-ewaz deed in favour of the de......gh, 1395 BS, defendant fraudulently obtained her thumb impressions on some papers and later on by using those papers brought into existence Heba-bil-ewaz deed in his favour in respect of the land measuring 1.67 acres. It is also the case of the plaintiff that she never intended to execute..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. ......he suit seeking relief as stated hereinbefore. 4. The suit was contested by the defendant Nos. 1-10 by filing written statement denying the material averments made in the plaint. It is their case that their predecessor Haji Jalilur Rahman by the kabala dated May 7, 1941 purchased 1 decimal......ebruary 28,1988 of the Court of Senior Assistant Judge, Gaibandha in Other Class Suit No. 324 of 1986 decreeing the same. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'Ka' attached to the plaint and the structure therein. The subject matte..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. ......326,114,109/34 of the Penal Code. 5. The informant petitioner, however, being not satisfied with the investigation filed an application on 30-4-2005 praying for further investigation of the case. The learned Magistrate after hearing the petitioner rejected the application by order dated 3......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)
....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. ......of the Opposition who are also elected from such general seats. Forty-five (45) seats as provided by the 14th Amendment are reserved for women only who are to be elected not directly as applicable in case of general election from general seat, but by the members of Parliament in accordance with the ......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. ......ed to consider the submission that the High Court Division committed error of law in upholding the conviction and sentence of the appellants although ought to have acquitted them as the prosecution case could not be proved beyond reasonable doubt. Leave was granted also to consider the submission......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. ......scellaneous Case No. 193 of 1972 before the learned Munsif (now Assistant Judge) Lakshmipur under section 96 of the State Acquisition and Tenancy Act against the petitioner for preempting the case land sold in favour of the pre-emptee petitioner on 29-3-1972 staling, inter alia, that she is......aneous Case No. 193 of 1972 before the learned Munsif (now Assistant Judge) Lakshmipur under section 96 of the State Acquisition and Tenancy Act against the 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-s..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....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. ......16-3-1999 was started which, however, after investigation ended in final report. That Chatak Police Station Case No. 11 dated 26-3-1999 was sent to Special Tribunal, Sunamganj for trial and while the case was preceding the Government by notification under section 6 of Druto Bichar Tribunal Ain, 2000......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. ......y 16,1995. Hence the suit. 3. The suit was contested by the defendant Nos. 1 and 3-5 by filing written statement denying the material averments made in the plaint. 4. It was the case of the contesting defendants that Abdur Rashid 5 years before his death became pa......e Court of Senior Assistant Judge, Haluaghat, Mymensingh in Other Class Suit No. 53 of 1995 decreeing the same. The suit was filed seeking a decree for specific performance of contract for sale of land. 2. The suit was filed stating, inter alia, that Md Abdur Rashid, maternal grandfather ..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. ......ner was an employee of respondent No. 1 and he continued there till he was wrongly retired by the respondent No. 2, though the service 139 regulation of respondent No.1 is clearly applicable in the case of the petitioner. 7. It is undisputed that the petitioner joined the then Pakistan Ar......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. ..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. ......101. Lawyers Involved: TH Khan, Senior Advocate and Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by SR Khoshnabish, Advocate-on-Record—For the Appellant (In both the cases). Dr. Kamal Hossain, Senior Advocate (Rokanuddin Mahmud, Senior Advocate with him), i......mocratic Constitution but successful working of it requires that those responsible to make the democracy successful should discharge functions in accordance with the Constitution and the law of the land. 109. In order to make a democracy successful election of the representatives in a free..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. ...... his reply to the allegations in the show cause notice and that was also directed to communicate as to whether he would like to be heard in person. In the show cause notice it was mentioned that in case of his failure to reply to the show cause notice and to communicate as to whether he would lik...... 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. ..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. ...... Md Nawab All, Advocate-on-Record—For the Appellants. Abdur Rouf, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on- Record—For Respondent No. 1(In both cases). Criminal Appeal Nos. 42 and 43 of 2003. Judgment: &n...... Single judgment. 4. The facts revealed in the leave petitions, in short, are that the convict Aynul Sheikh (not appellant before us) started digging a drain through the middle of the land of one Abdul Gafur Sheikh by damaging his onion crops on 28-1-1996 at about 3-30 PM and so Abd..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. ......ple 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 Magistrate on recei......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)
.... 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. ......j has not been delivered to the petitioner as yet. The petitioner is in possession of all that was delivered to it and has been carrying on the business, since then in its own name. It is also the case of the petitioner that the books of account, balance sheet, audit report of the company over y......ies and acquired valuable immovable properties at different places within the then East Pakistan including a property at Paribagh, Dhaka which is fully described in the schedule of the plaint. The land as described in the schedule of the plaint originally belonged to the proforma-defendant-respo..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......……..(673) Cases Referred To- 34 DLR 225; 37 DLR 7; 20 DLR (SC) 322; 7 DLR 552 Eklas vs. Crown; 17 DLR (SC) 74 National Bank of Pakistan vs. Ataul Hoque; 25 DLR 236, 344 A. T. Mridha's case; 38 DLR (AD) 38 Abdus Sattar vs. Stole; 7 DLR (FC) 291 Federation of Pak vs. Tamijuddin Khan; 7...... 747, Kadnon vs. U.S; (1959) AC 259 D.J. Francis Douglas Liyanage Vs. The Queen; (1965) A.C.P. 190; 1965 (AC) 172 Bribery Commissioners vs. Pedrick Ranasinghe; (1919) 64 Law Ed. 946 State of Rhodes Island vs. Metchar Palmer; US 2 Law Ed 5-8 page 135 Marbury vs. Maddison; US 4 Law Ed. 579 McCulloch v..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......d dagger blow on the victims. Intra-contradiction of the two confessional statements and the evidence of P.W.4 reveal each one gave a different version of the crime thereby shattering the prosecution case itself. One of the important items of linking up accused with the crime, namely, the sandal was...... 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..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. ......of 1908), Order XXIII, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the schedule, at the stage, the case was ready for trial. Such defect could be corrected by amendment of the plaint which the plaint......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
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