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Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......ivil Appeal No. 75 of 1997). Judgment Mainur Reza Chowdhury CJ.- This Civil Review Petition arises from the judgment of this Division passed in Civil Appeal No. 75 of 1997 allowing the appeal after ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ..Category: Property Law | Date: | Hits: 20
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ...... that the respondent Nos. 1 and 2 are bonafide purchasers for value without knowledge of the alleged bainapatra in favour of the plaintiff. 9. We have called for the original bainapatra from the District Judge, Narsingdi and perused the same for our satisfaction. It is clear that the ...... permissive possession in the structure raised by the Sen family in the suit land and subsequently he claimed to have obtained the bainapatra in question and the plaintiff could not prove his independent possessing on the basis of the alleged bainapatra. It is also the case of the defendant......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ..Category: Property Law | Date: | Hits: 31
Mridul Baul Minto and another Vs. Serajul Islam Babul and others, 2002, 31 CLC (AD)
.... allow the Respondent No. 2 to live with the Respondent No. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ...... of the girl, who was kidnapped by the Respondent No.1, against the judgment and order dated December 10, 1997 of the High Court Division in Criminal Miscellaneous Case No. 4691 of the 1997 (arose from G.R. Case No. 256 of 1997 of the Court of Magistrate, 1st Class, Munshiganj, registered in con...... allow the Respondent No. 2 to live with the Respondent No. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ...... allow the Respondent No. 2 to live with the Respondent No. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ..Category: Criminal Law | Date: | Hits: 64
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ...... 2 (two) powerful bombs were blasted at 1.15 A. M. on 7-3-1999 on the two sides of the stage set up in Jessore Town Hall Maidan in connecting with 12th Udichi Representatives Conference held from 4-3-1999 to -3-1999 in which 6 (six) persons were killed on the spot and 4 (four) other injure......atory and having not stated as to how he was involved in the occurrence and it is argued that his statement cannot be used evidence against the appellant as not being corroborated by any other independent evidence. 12. Next argument of Mr. Khondker Mahbubuddin Ahmed is that the 3 (thr......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ..Category: Criminal Law | Date: | Hits: 47
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....refore no question of review arises. In view of the above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ...... for Dinajpur on 30.11.1988 without informing the officer. On his return to Dhaka on 29.1.1989 he came to learn that he was selected for training for two months in Public Administration with effect from 5.2.1989. The appellant then applied for leave from 31.1.1989 to 28.2.1989. The Secretary, Mi......refore no question of review arises. In view of the above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......refore no question of review arises. In view of the above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ..Category: Employment/Service Law | Date: | Hits: 62
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......1, 1981 regarding 6 kanies of land executed by Ahmed Ali, father of Aju Meah. Basarat Ali died leaving a son by same Md. Shanchi and two daughters. Aju Meah and heirs of Basharat Ali received rent from Nasarat Ali and others by granting registered and unregistered receipts and thereby they admit......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ..Category: Property Law | Date: | Hits: 24
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......ong as Sub-Assistant Engineer. The accused Abdur Rahim alias Jashim Chowdhury being third son of deceased used to reside at home in the same courtyard along with his father (deceased) after coming from abroad. He went abroad two or three times but came back at short interval. Thereafter, the acc......e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ..Category: Criminal Law | Date: | Hits: 55
Alaluddin Vs. State, 2003, 32 CLC (AD)
....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......bsp; Md. Tafazzul Islam J.- The condemned prisoner Alaluddin, the petitioner in this jail petition, filed this petition from jail against the judgment and order dated 8.3.2003 passed by the High Court Division accepting......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..Category: Criminal Law | Date: | Hits: 36
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ...... B.S. Khatian on the basis of the same and that Fatema Khatun on obtaining certified copy of the Solenama become fully aware of it and she then filed the suit on 27.11.1978 well within three years from his date of knowledge the High Court Division failed to consider that Order Nos.19, 20 and 21 ...... brother of late Fatema Khatun the plea of the plaintiff of being a pardanshin lady is of no avail because in such case the sole question for consideration is whether late Fatema Khatun had lack of independent advice. 7. Regarding the contention of the appellant that the compromise decree ......ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ..Category: Procedural Law | Date: | Hits: 87
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ...... dated 24.11.92. where by his seniority was taken away, stating inter alia that on 9.12.1978 he joined Bangladesh Power Development Board as an Assistant Engineer; he had to tender resignation from service under BPDB with effect from 20.7.1979 for taking job abroad as at that time there was......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ..Category: Employment/Service Law | Date: | Hits: 82
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......ster Industries Ltd. And co accused Saidul Islam Khan (Tutul) is the Accountant of M/S. Rahim Metal Industries Ltd. an abandoned property which was purchased by the said M/S. Master Industries Ltd. from the Government. The learned magistrate after taking cognizance in all the proceedings except t......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ..Category: Criminal Law | Date: | Hits: 40
Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)
.... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ......aining the judgment and order dated November 12,1992 of the 4th court of Additional Sessions Judge, Dhaka and Special Tribunal No.5, Dhaka, passed in Special Tribunal Case No. 559 of 1992 (arising from G.R. Case No. 452 of 1992, registered in connection with Mirpur P.S. Case No. 58(2)792) convic...... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ...... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ..Category: Criminal Law | Date: | Hits: 41
Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)
.... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ......nt to Dahia government Primary School and found 55 bags in a room of the School and 135 bags in the school compound, The chairman stored 135 bags in a room of the school. The chairman came to know from Chowkider Sree Lakhan Chandra Baddayakar as well as from the local people that some quanti...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ..Category: Criminal Law | Date: | Hits: 49
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. ...... since there were certain allegations in the petition filed before the Administrative Tribunal by the respondent No. 1 Executive Engineer, Local Government Engineering Bureau who was dismissed from Service on 9tn May, 1991 on the ground of being absent without leave or reasonable excuse......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. ......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. ..Category: Administrative Law | Date: | Hits: 95
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
.... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. .......1997 passed by the High Court Division in Civil Revision No. 157 of 1996 making the rule absolute remanding the suit to the lower appellate court directing to dispose of the appeal within 6 months from the date of the receipt of the record for writing a proper judgment in the light of the observa......he C.P.C. enjoins that the appellate court must given reasons whether affirming or reversing a finding and it should be more so when the appellate Court reversed the trial courts finding by its own independent finding." 3. Having regarded to the above aspect of the case find substance in...... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ..Category: Procedural Law | Date: | Hits: 76
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....nt of co accused which is no legal evidence against the convict respondent in the absence of any other corroborative evidence. Admittedly there is no eye witness to the occurrence and there was no corroboration of the confessional statement of the co-accused implicating the accused respondent. T...... night informant P.O. 1 Babu Mia, P.W.2 Jogal Kumar Saha, P.W.3 Subal Kumar Saha and deceased Monsur Ali were returning home in the boat of deceased Entaz Ali with bundles of clothe and cash money from Bumagati hat (weekly) market. At about 8.30 P.M. when they with their boat reached at the &quo......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ..Category: Criminal Law | Date: | Hits: 49
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......nd order dated 26-11-96 passed by the Administrative Appellate Tribunal in Appeal Nos. 55 and 58 of 1995). Judgment Mustafa Kamal J. - These two appeals by leave by the respondent Government is from the Judgment and order dated 26-11-96, passed by the Administrative Appellate Tribunal in Appea......ich are follows: Mr. B. Hossain submits that the respondent was not reinstated in service in execution of the decree of the Givil Court but in deference to an order of a Civil Court in exercise of an independent volition of the Government. It was not done on the basis of the reasoning's given by the......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ..Category: Administrative Law | Date: | Hits: 138
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....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. ...... or minority on conclusion of trial, which is not warranted by law and is illegal or improper, (iii) whether the High Court Division could act under section 491 of the Code of Criminal Procedure when from the medical report as well as from the school certificate it appears that the victim Mamota Kar......6858 of 2000). Judgment Mohammad Fazlul Karim J.- This appeal by at the instance of the informant appellant was to consider the submissions as to (i) whether the Court Division is competent and independent to act under section 491 of the Code of Criminal Procedure in an appropriate case when i......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)
....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. ......nent tenancy in the suit land with a further declaration that notice date 29.12.1976 issued by the appellants namely Military Estate Officer, Dhaka Cantonment for removing the structures from the suit land is illegal, void and not binding upon them. At the first instance the suit on c......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. ......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. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)
....eld that all the prosecution witnesses are related to the complainant and there was bitter enmity between the victim and the complainant and as such it is required that there should be some corroboration by disinterested witnesses. There is no corroborative evidence in the present ca......hy;tioner Daud Ali Sarder filed C.R. Case No. 70/88 Kali, T.R. 06/1989 on 27.02.1988 before the Upzilla Magistrate, Kaliganj stating, inter alia, on 26.02.1988 at 10.00A.M. he was plucking tamarind from the tamarind tree standing on his own land. P.W.2, Sufia Khatun was collecting those from the ......rroborative evidence in the present case to generate confidence upon which the conviction can reasonably be based. The High Court Division accordingly held that "as there is not a single independent and disinterested witness to support the prosecution case and admitted enmity is in exi......tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 260. ..Category: Criminal Law | Date: | Hits: 38
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