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State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......) of the Ain of 1995, and convicted him thereunder. Consequential sentence was death. Bishesh Adalat in awarding conviction and imposing death penalty considered circumstances and other materials on record and found: I. Victim sustained injuries in the house of accused and from that house she ......l Fakir shall be described hereinafter as condemned-prisoner. Rehana Begum shall be described as victim of crime Rehana Begum. Judgment of conviction and sentence has been assailed pressing into service four branches of contentions. Contentions pressed has been countered from the side of S..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)
....ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ......ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ......e Tribunal Act, 1980 before the Administrative Tribunal, Dhaka on 28.9.1997 for setting aside an order dated 8.7.1997 of the Joint Secretary (Administrative) Ministry of Shipping, dismissing him from service. The Administrative Tribunal set aside the order of dismissal. Then the above appeal was pre..Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......r the authority concerned, or administrative, body has acted without bias observing the rule of natural justice as to fair hearing and whether there is, an error of law apparent on the face of the record justifying the issuance of certiorari. 8. Such error must clearly be apparent ......te by the respondent No. 1 in Complaint Case No. 122 of 1992 under section 25 of the Employment of Labour (Standing Order) Act, 1965 directing the appellant to reinstate the respondent No. 2 in his service with all back wages. The respondent No. 2 was appointed by the appellant on 15‑2̴..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....an apply the principles as distinguished from the technical provisions of the Code of Civil Procedure to meet the exigencies of the situation in appropriate cases on the ground of justice, equity and good conscience. In what situations the principles of the Code of Civil Procedure will be applied an......ed and the Government did not consider the prayer for extension of time made by the writ‑petitioners on 26‑11‑1990 "which the Government received in due course" and there was no material on the record that writ‑petitioners lease was cancelled on the basis of the show cause notice dated 2‑9...... was made only to 2 affected persons from amongst the affected persons and the decision to cancel allotment of the respondent Nos. 1‑4 was taken after lapse of more or less 4 years from the date of service of 2nd show cause notice. 19. In refutal of the aforesaid contentions of the responden..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......roceedings of Execution Case No. 1 of 1999. This contention of the petitioners has been considered by the High Court Division which rejected the same on the finding that no material was placed on the record as to whether the defendants from whom the petitioners are said to have acquired interest cla......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....n was refused the shipment date will expire without shipment of the sold out manufactured garments. After the aforesaid inspection, a report was given indicating that the manufactured garments were good and the same were found as per required quality and standard and the said inspecting organisa......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..............Respondents Judgment October 29, 2003. The Limitation Act, 1908 (IX of 1908) Article 120 The person whose interest is affected due to preparation of wrong record of rights of his property is authorised to file a suit seeking declaration of title within ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....d sand and his daughter Parul Akther was in the shop. He returned at about 11 ‑00 PM to his shop at Kankirhat and then his Chachato brother Manik told him that condition of his daughter was not good and Manik asked him to go back to his house. After coming home he asked Parul about the occurre......the informant, the victim, mother of the victim and investigating officer. The accused persons were also examined under section 342 of the Code of Criminal Procedure. Then considering the evidence on record and the arguments advanced on behalf of both sides, the trial Court found accused Foran guilt......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Jashimuddin Vs. State, 2004, 33 CLC (AD)
....cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ......no examination under section 342 of the Code of Criminal Procedure is required while convicting and sentencing the accused on the basis of the same. Moreover, in this case the Tribunal considered the record, found substance in the admission of the accused and accordingly found the accused guilty and......cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......ld be instructed to act in accordance with law. 6. We have given our anxious consideration to the submissions made by the learned Advocate for the petitioner. We have also perused the materials on record including the FIR, charge sheet, narajee petition, the statements of the witnesses examined b......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ....... 132 of 1978. 4. The second party respondent contested the proceeding filing written statement contending, inter alia, that the land of the proceeding Khatian Chandra and others, who were the RS recorded owners, and the predecessors of both the first parties and the second parties are Taimum Go......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....property by way of sale deeds transferred property in favour of other defendants and some of the transferee Defendants transferred their purchased property to other Defendants and Defendants acquired good title and possession over suit property, ii. In a suit for permanent injunction exclusive po......er as suit property. 5. Life blood of plaint case is hereunder: (a) Suit property along with other properties was property of Deity Gredhari. Ragunath Das was Mohanta Shebait. Suit property was recorded in C. S. Khatian No.910 in Mouza Shahar Dhaka in the name of Ragunath Das. Suit property wa...... dismissed the suit. 21. Plaintiff having been resentful of the above adjudication sought setting aside those through medium of this First appeal before this Court. 22. Contentions pressed into service from the side of Plaintiff-appellant are catalogued hereunder: i. Government as Acquiring..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......omplainant and issued process. When the case was ready, he sent the case to the Court of Additional District Magistrate, Sylhet for trial and the Additional District Magistrate on receipt of the case record took up, the case for trial. 4. That the learned Additional District Magistrate ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......judgment and order dated 6‑9‑1999 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 120 of 1994. 2. The case of the petitioner, in brief, is that he joined in the service of the then Government of Pakistan in 1967. Subsequently, he was transferred to Dhaka. The p..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......ount until realisation and for satisfaction of the execution case upon realisation of the amount upon calculation of the interest accrued on the decretal amount is required and could be brought on record of the execution case for execution of the decree or satisfaction thereof. 14. ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......lan and plaintiffs application for allotting him the land in question was rejected on the ground the land was shown as car park and the allegation of low price in the background of the materials on record cannot be considered as elements of fraud and the transaction in question was collusive.&nb......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......f the suit, issue No.3 relating to relief as prayed for and issue No.4 relating to what other relief plaintiff is entitled to. 7. On consideration of the depositions and documentary evidences on record, the learned Assistant Judge by his judgment and decree dated 21‑10‑1989 dismissed the su......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......t that out of love and affection plaintiff No.1 gifted out the schedule premises to her daughters plaintiff Nos.2 and 3 orally on 20‑10‑96 and in support of that oral gift the plaintiff No.1 also recorded the gift in affidavit dated 27‑10‑96 before the Notary Public and thus plaintiff Nos.2â....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
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