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Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408...Category: Tenancy Law | Date: | Hits: 175
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......ak mind. It is the judicial mind that tilts in favour of the accused because circumstance and evidence in the case raises a doubt in the prosecution case when these circumstances are weighed in the scale of justice. The trial courts had the advantage of observing the demeanour of witnesses who sto..Category: Criminal Law | Date: | Hits: 64
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......hat the confession is to amount to proof. Clearly there must be other evidence. The confession is only one element in the consideration of all the facts proved in the case; it can be put into the scale and weighed with the other evidence." In the same light the Su..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... in the appeal that the Government in which all the rights of the Buxly Paints (Pakistan) Ltd. in respect of the industrial unit concern as vested by operation of law Government can not claim a right higher than the said owner in respect of the property in possession of a 3rd party under a valid agr...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ...... imposes in default of payment of the fine shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not..Category: Criminal Law | Date: | Hits: 39
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
....ts husband and accused No. 7 is the husband of accused No.6. The informant married accused No. 1 when she was a student of BUET and it was promised that accused No.1 was to be sent abroad for higher studies. After marriage on 24.05.1999, accused petitioner No.1 and the informant started liv...... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ..Category: Criminal Law | Date: | Hits: 45
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
....prayer for amendment on the ground that that the decree sought to be incorporated by way of amendment is of the Senior Assistant Judge having pecuniary jurisdiction. But instant case being having the higher pecuniary jurisdiction is also entitled under law to decide the suit involving a decree in ...... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ..Category: Procedural Law | Date: | Hits: 38
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....15(1) of the Code of Civil Procedure filed by the defendant respondent No. 1 that against the aforesaid order of rejection of the plaint the defendant respondent No. 1 did not move before the higher forum. But subsequently the said defendant respondent No. 1 filed another application o......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ..Category: Property Law | Date: | Hits: 39
M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....gued that the High Court Division and also the Labour Court failed to take into consideration the evidence of P.W. 1, peon who admitted that the return of service was written under pressure of his higher authorities. He also invited our attention to the relevant portion of the statemen......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ..Category: Employment/Service Law | Date: | Hits: 81
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
.... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ...... post of kanungo as second class gazetted post and ultimately gazette notification was made on 10.7.1997 upgrading the post of kanungo to the second class gazetted post with the proposed pay scale at Tk. 2300-4480. 4. Further, case of the respondents is that though the post of Kanu..Category: Civil Law | Date: | Hits: 117
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....allowing or rejecting an amendment of a pleading and for that matter while exercising any discretion under the law, the Court must give its reasons so that when the order is called in question, the higher Court may be in a position to see that there has been application of mind by the Court conc......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..Category: Property Law | Date: | Hits: 56
Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
....that in order to deprive the plaintiffs of their valuable land the surveyor and kanungo of the Government office suppressed the previous map and they prepared new map and with the connivance of the higher officers of the Government the defendants took settlement of the accreted land in their names......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ..Category: Property Law | Date: | Hits: 37
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....onal Attorney General that the writ petitioner having had filed criminal appeal and having had sought particular remedy, her filing of the writ petition for getting self-same remedy instead of moving higher Court, the writ petition was not maintainable and as such the order sought to be appealed is ......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246...Category: Criminal Law | Date: | Hits: 51
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....nt the respondent No.2, a stranger, filed an application under Order 21 Rule 90 of the Code of Civil Procedure for setting aside the sale on the ground that he was ready to buy the said property at a higher price of Tk.3,50,000/- whereupon the Court ordered him to deposit Tk.50,000/- which he did. T......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177..Category: Civil Law | Date: | Hits: 92
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......ever retrenched from service as alleged. One Shahadat Hossain who served in the same Project with the respondent was absorbed in the Ministry of Establishment and has been given seniority and time scale. The respondent has been legally and rightly absorbed as surplus officer like Shahadat Hossai..Category: Employment/Service Law | Date: | Hits: 119
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. ...... before the AAT that in view of the provision of Section 6 of the Rules of Business read with the provision at SD. No. 74 (d) of the Schedule III of the Rules of business as because appellant's pay scale was Tk. 3700-44257-prior approval of the President was necessary before issuance of the ..Category: Administrative Law | Date: | Hits: 95
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....minor and as such she can not be confined even at the direction of the learned Sessions Judge only for determination of her age which has already done and (iv)whether in view of the consistent of the higher courts of the sub-continent that question of custody of a minor can also be decided in a proc......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 34
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....circumstances have the plaintiffs any relief before us? We have noticed above that dispossession was not on the basis of any decree which has been varied or altered. The consistent view of the higher courts of the Sub-continent is that in such circumstances the provision of section 144 of th......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ..Category: Property Law | Date: | Hits: 31
Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)
.... respect of the promoted post does not commensurate with their promoted position and also not beneficial to them inasmuch as the amount given to them as basic pay for the promoted posts is not higher than the last pay received by them before their promotion. All the writ petitioners are the ...... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ..Category: Employment/Service Law | Date: | Hits: 76
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