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Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....referred to a passage from English and International Set off by Philip R. Nood as under: Role of lex fori is not considered the appropriate system of law to determine the availability or effect of independent set-off for several reasons. The arguments would be that, first a set-off is predo......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..Category: Civil Law | Date: | Hits: 96
Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ......i Neeyog Bidhimala, 1994 (shortly the Bidhimala, 1994). Advertisements were published in two national dailies on 27.05.2005 and 28.05.2005 inviting applications from the citizens of Bangladesh for appointment to various posts in the Parliament Secretariat. But due to imposition of some arbitrary..Category: Employment/Service Law | Date: | Hits: 70
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....ted that the High Court Division was wrong in discharging the Rule without considering that State Acquisition and Tenancy Act, 1950 provides its own procedure in respect of appeal and revision independent of the provisions laid down in the Code of Civil Procedure and the impugned dated......ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......, Ministry of Agriculture, finalised the Project Pro-forma, Phase-II bringing some change/amendment to the effect that the personnel recruited in Phase-I of the Project may be considered for their appointment in Phase-II of the Project changing the original version that the personnel appoin..Category: Constitutional Law | Date: | Hits: 146
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......he question decided on merit i.e. as to the legality of the order of detention. 14. Mr. Huq has further gone to challenge the legally of the Eleventh Amendment itself and found fault even with the appointment of Mr. Justice Shahabuddin Ahmed the then Chief Justice of Bangladesh as Vice President ..Category: Procedural Law | Date: | Hits: 107
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....reasonable doubt as such the impugned order is liable to be set aside. The learned Advocate further submits that the learned Judges of the High Court Division erred in law in failing to apply their independent judicial mind to the fact and circumstance of the case in the light of the legal eviden......d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ..Category: Criminal Law | Date: | Hits: 41
Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)
....he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ...... in Hydrography Department on 07.06.1992 as Deputy Assistant Directors. His services were regularized with effect from 07.06.1996. The other Deputy Assistant Directors who are appointed by the same appointment letter along with the petitioner joined on different dates after the writ petitioner. ..Category: Employment/Service Law | Date: | Hits: 86
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....identification of the suit land i.e. 'Kha' Schedule lands consisting in 16 different C.S. Plots at different places corresponding of 14 R.S. Plots but the High Court Division without recording any independent finding and on mere surmises and conjectures most illegally concurred with th......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ..Category: Property Law | Date: | Hits: 27
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......thout re-fixing the price of the suit land, executed and registered another deed in respect of the suit land in favour of defendant No.1 on 29.05.1984. She also handed over the papers relating to her appointment as Mutwalli to defendant petitioner. The story of taking the signature of the plaintif..Category: Tenancy Law | Date: | Hits: 155
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
.... loan of Tk. 93.13 lacs, SOD of Tk. 29.44 lacs and PC of Tk. 5.59 lacs shown against A/C of York Garments Ltd. which were in fact the liabilities of Mosharraf Hossain, his elder brother, who is an independent business man for the last 30 years and the appellant had no business or monetary connec......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ..Category: Banking Law | Date: | Hits: 112
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ......gn investors from China and Hong Kong and the majority shareholder Mr. Yu Xiana Li having 55% shares of the company, was appointed the chairman of the company; a meeting of the Board of Directors for appointment of new directors and increasing the shares in the company was also held in Dhaka on 6.6...Category: Business or Commercial Law | Date: | Hits: 151
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....ase or in other words failed to establish their claim in respect of the land in suit i.e. 69 acres of land. These two findings covered the entire subject matter of the suit. The appellate Court on independent consideration of the evidence having had affirmed the findings and decisions of the tri......ns made hereinbefore 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: IV ADC (2007) 849. ..Category: Property Law | Date: | Hits: 19
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ...... No.XL of 1958) was enacted. This act was fundamentally supplemental to the Prevention of Corruption Act, 1947 for accomplishment of its object. Section 2 of this Act provides for appointment of Special Judges (and not Special Tribunal Judges) to try and punish offences specifie..Category: Criminal Law | Date: | Hits: 96
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ......and the learned Single Judge allowed two weeks time to comply with the office report dated 08.06.2000. The appellant did not take any step to put in D.R. costs of Tk. 103/- and the indemnity bond for appointment of an advocate for the minor respondent Nos. 1(a)-1(c). The matter again appeared before..Category: Procedural Law | Date: | Hits: 97
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....ppeared to have suffered from falsehood and so the testimonies of PWs 1,2,3 and 4 who proved the above extra-judicial confession, are worthy of credit and moreover, PWs 9 and 15 are absolutely independent witnesses and they had no rancor whatsoever with accused Rokeya Begum and the extra-ju......shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Criminal Law | Date: | Hits: 51
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....then the respondent No.3 vide Memo No.DIT/Ed/1933-1 dated 15.6.1982 mutated the name of the petitioner in the said plot; the petitioner then on getting the building plan approved constructed a new independent two storied building on the western side of the above plot which is used as the residen......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ..Category: Property Law | Date: | Hits: 41
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....irul Alam Kamal under section 302 only and acquitted the present appellants from the principle charge under sections 302/34 of Penal Code, but convicted these appellants under section 201 without any independent evidence or circumstances. 53. The responsibility of a husband to explain the cause o...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ...... Division being Civil Review Petition No. 32f of 1995 which was also dismissed on 12-12-1995. 9. Thereafter, the plaintiff-petitioner filed an application before the trial Court praying for appointment of Advocate Commissioner for holding local investigation for allotment of 'saham' allow..Category: Procedural Law | Date: | Hits: 86
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....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 witnesses to support the prosecution case and admitted enmity, i......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ...... following points for determination: (i) Had the election of Garghata Government Primary School polling centre as a whole been vitiated by the act of opposite party No. 15 who without appointment performed the function of Assistant Presiding Officer in Booth No. 2 of that centre ..Category: Election Law | Date: | Hits: 126
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