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Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......mum period of 7 years and in that case possession shall lie with the mortgagee. In such a case provisions of Transfer of Property Act shall not apply to resist redemption……(16) Cases Referred To: Government of Bangladesh vs Sheikh Md All Asgar 1994 BLD (AD) 219; Sha..Category: Property Law | Date: | Hits: 71
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ......rward. Thereafter Susanta Gope was taken to Hobigonj Sadar Hospital and was declared there dead, and then aforesaid Jayanta Gope PW 1 lodged First Information Report on the basis of which Hobigonj PS Case No. 29 dated 22-4-1997 was started against the petitioner and others and the police after inves..Category: Criminal Law | Date: | Hits: 47
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ...... If rescheduling would save a loanee from being a defaulter, the legislature would have certainly made the provision for it in the section itself……………..(6) Cases Referred To: Nur Mohammad vs. Badruddoza and another 42 DLR (AD) 116; AFM Shah Alam..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......-7-1970 and thereafter, the said plaintiff-respondent after purchase made some improvement in the suit land measuring 16.36 acres; and he also got his name mutated on 27-9-1995 initiating Mutation Case No. 270 of 1995-1996 and paid rent up to 1995. But during the Revisional Settlement Operation,..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......d— For the Respondent. Criminal Appeal No. 12 of 1999. (From the judgment and orders dated 9-12-1997 and 21-5-1998 passed by the High Court Division in Criminal Miscellaneous Case No.4692 of 1997). Judgment: MM Ruhul Amin J.- ..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......ord—For the Respondent. Criminal Petition for Leave to Appeal No. 99 of 2005 (From the judgment and order, dated 4tn January 2005 passed by the High Court Division in Criminal Miscellaneous Case No. 8505 of 2002 and Criminal Miscellaneous Case No. 8506 of 2002). Judgment: Md. Fazl..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......as preferred this appeal by leave against the judgment and order of the High Court Division dated 14-12-1997 passed by a Division Bench rejecting Death Reference No. 9 of 1995 arising out of Sessions Case No. 102 of 1994 of the Court of Sessions Judge, Khulna. 2. The facts as stated in the petit..Category: Criminal Law | Date: | Hits: 67
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......he major penalty of dismissal from service to the reduction in rank of the respondent. The Appeal has no merit and it is accordingly dismissed………….(13 & 14) Case Referred To: Government of Bangladesh represented by the Secretary, Ministry of Defenc..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......Act, 1974 (Act No. XIV of 1974), section 25 The Customs Act, 1969 (Act No. IV of 1969), section 156 The accused has been acquitted of the charge of smuggling in the Special Tribunal Case under the Special Powers Act, the offence being against the accused persons but not against t..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......and on being satisfied granted permanent settlement of 82.53 acres of land individually in the name of all the 39 members of the Samity each having more or less 2.50 acres of land vide Settlement Case No. 1 of 1975 on 18-10-1975. The said settlement was approved by the ADC (Rev), Sylhet on 10-10..Category: Property Law | Date: | Hits: 77
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
....hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 88
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....n the background of 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) 17. ......evisional application filed was appealable. In the background of 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) 17. ..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......d…..(16) An omission from the statement recorded in a boiled form cannot be treated as contradiction under section 162 Cr.P.C…………….(13) Cases Referred To: Moyezuddin and another vs State 31 DLR (AD) 37; Nazir Hussain vs Muhamm..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......perty was enlisted as enemy property, he purchased it from the vendor by a kabala dated 25.3.85. Consequently he acquired no title in the case property on the basis of his kabala deed. Cases Referred to- Abdul Kader and others vs AK Noor Mohammad 36 DLR (AD) 261; Mahaprabhu ..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ...... section 5 of Ordinance No. XIV of 1985, the property was wrongly included in the ‘Ka’ list of the abandoned buildings. Such action was clearly illegal and without any lawful authority. Cases Referred to- Bangladesh vs Amena Khatun and others, 53 DLR (AD) 55; 47 DLR (AD) 71. ..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
.... Khondaker Khairul Kabir ........................Respondent Judgment April 10th, 2005. The Government Servant (Discipline and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good ground for proceeding against the accuse......llate Tribunal in Appeal No. 43 of 1993 allowing the appeal upon setting aside the judgment and order dated 16-3-2003 passed by Administrative Tribunal, Dhaka dismissing the Administrative Tribunal Case No. 185 of 1989. 2. The respondent filed the above Administrative Tribunal Case ..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......intendent of Police who went to the place of occurrence on the following day and First Information Report was lodged with the local police station narrating the occurrence and accordingly, Bauphal PS Case No. 7 dated 22-9-1999 was started against the accused under sections 447/148/149/323/302 of the..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ....... So “no objection” certificate issued by the Deputy Commissioner under section 5 of the Cinematograph Act 1918 for setting up a cinema hall in such a place is without any basis. Case Referred To: Magistrate, Lahore vs Sayed Fayezuddin and others 17 DLR (SC) 309. ..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......e Constitution. She cannot be removed or discharged from service by an authority subordinate to which she was appointed…………..(6) Because of pendency of a Criminal Case against the Appellant during the period of her removal, such removal was not a removal simplic..Category: Administrative Law | Date: | Hits: 128
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