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State Vs. Nuru Mira, 1993, 22 CLC (AD)
....s suggestion strengthens the prosecution case. P.W 7 said that he and two others, who were standing on the other bank of the Khal, dissuaded the accused persons from assaulting Amjad. P.W. 7 is an independent witness. He has supported P.Ws. 1, 2, 5 and 9 saying that the assault took place just o......espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ..Category: Criminal Law | Date: | Hits: 44
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......21(8) Admn-9/89/337 dated 10.6.90 issued by the Secretary (Administration) National Board of Revenue, respondent No.3, granting seniority to respondent Nos. 4-11 from their respective dated of appointment at Mujibnagar on the basis of the said Rules. 3. The Appellant was selected by ..Category: Employment/Service Law | Date: | Hits: 106
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
.... and also other lands of khatian No. 46 to various persons. In view of the fact that the defendants admit Azhar Ali's share in plot No.197, khatian No. 3 and in view of the fact that Azhar Ali had independent title to .83 acres of land in khatian No.46 the appellate Court below, contrary to the ......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ..Category: Property Law | Date: | Hits: 33
Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)
....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 383. ......claim. The suit was fixed an 15.9.04 for framing issue which was adjourned till 9.10.04 and on 16.09.04 the defendant filed and application under Order 26 Rule 11 of the Code of Civil Procedure for appointment of Advocate Commissioner to examine the accounts whereupon the plaintiff, on 15.9.2004,..Category: Civil Law | Date: | Hits: 95
Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ......ntly they were regularised on 5-11-2001 and 8-11-2001 by the Jamuna Multipurpose Authority. On 9-3-2002 the impugned letters were issued by the respondent Nos. 3 and 4 canceling the aforesaid appointment letters. Rule was issued and the writ respondent petitioners contested the same by fili..Category: Labour and Industrial Law | Date: | Hits: 90
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....r or defect in entering the register inasmuch as section 37 of the Trade Marks Act has no manner of application in the instant case. The learned Counsel has further submitted that Bangladesh being an independent country has the sovereignty to legislate any law and under the provision of Article 145 ......the laws of each of the countries of the Union relating to judicial and administrative procedure and to jurisdiction, and to the designation, and to the designation of an address for service or the appointment of an agent, which may be required by the laws on industrial property are expressly rese..Category: Intellectual Property Law | Date: | Hits: 233
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....bunal." 7. Leave was granted to consider the submission that both the Tribunals below fell into an error in overlooking completely that the impugned action was taken against the respondent upon an independent enquiry under the aforesaid Rules of 1976 in which the District Judge who passed the imp......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...Category: Administrative Law | Date: | Hits: 144
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......na designate, Mr. Wahhab Miah frankly submits concedes that the District Judge here is not a persona designata but a court. This section 43 of the Code provided that an appeal against the order of appointment of Mutawalli shall have to be filed before the District Judge. Excepting this nothing h..Category: Trust/Waqf Law | Date: | Hits: 226
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....s. The learned Advocate further submitted that out of 21 charge sheet witnesses prosecution examined as many as 14 witnesses and the prosecution has failed to examine the rest 7 important neutral, independent and disinterested witnesses mentioned in the charge sheet without assigning any cogent ......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..Category: Criminal Law | Date: | Hits: 47
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
....ly it reacts on the whole prosecution case. Delay therefore puts a very heavy onus on the prosecution to prove the guilt of the accused to the hilt by corroboration of evidence by disinterested and independent witnesses to establish the truth by extrication of consequential and possible concoctio...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..Category: Criminal Law | Date: | Hits: 58
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......acting as Manager of the Janata Bank, Principal Branch, Satkhira till 17 November, 1988 when he was dismissed from service following a departmental proceeding for misconduct. The charge-Sheet, the appointment of the Inquiry Officer, the show cause notices and the order of dismissal were issued u..Category: Employment/Service Law | Date: | Hits: 70
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......ion has written to the Ministry of Communication for the decision and no such decision has not yet been received in the matter to finalise the leave account of the writ petitioner. They denied the appointment of any new employees in the corporation as alleged by the writ-petitioners. 4. A..Category: Employment/Service Law | Date: | Hits: 66
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....and, that defendants have no possession in the land in suit, that the dakhilas filed by the defendants in support of their claim of taking settlement have not been proved by the competent independent and disinterested witness and as such no reliance can be placed on these dakhilas,......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......filed Title Suit No.371 of 1980 in the 3rd court of Subordinate Judge, Dhaka for a declaration that the firm already stood dissolved, alternatively for dissolving the firm, for accounts and for the appointment of a Receiver, while Mujibur Rahman Sikder filed Title Suit No.16 of 1981 for temporary ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ertainly keep evidence of his crime by hanging the dead body in or near his own house. The confessional statement of a co-accused shall not be used as the sole basis of conviction in the absence of independent corroborative evidence………………. (8,10) C......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. ..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......hall have the same meaning as in the Act. 7. Consequently, the Drug Act, 1940 is to be looked into for appreciating the contention raised by the learned Counsel. Section 21 provides for appointment of Inspector and section 22 deals with the powers of Inspector. He may with the pe..Category: Criminal Law | Date: | Hits: 59
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......ea, Dhaka. In reply please refer to 5600 Appointment as Industrial Oil& Lubricant Dealer. Dear Sir, With reference to your application dated 25.2.77 for appointment as Industrial Oil and Lubricant Dealer at Dhaka. We are pleased to appoint you as our '..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....so urged in the case the right created under Section 53A of the Transfer of property Act is a right created under a positive provision of a statue and not a right arising from mere contract or equity independent of statutory provision as such is a protected right. 24. In the above mentioned case...... 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. Saheb Ali, 2008, 37 CLC (AD)
....calendar 19.08.1998 in confessing his quit." 8. We have considered the materials on record. It appears that extra-judicial confession of the respondent was not corroborated by any independent witness. The position of law is that extra-judicial confession to be relied upon r......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ..Category: Criminal Law | Date: | Hits: 45
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....sion scheme on the condition that each employee has to make a clear option whether he or she wants to take pension benefit or gratuity. The petitioner opted for taking pension benefit. In 1990 the independent River Research Institute (RRI) was established. The petitioner along with 176 officers ......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ..Category: Employment/Service Law | Date: | Hits: 92
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