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Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....ugh regular BCS examination in 1982 and the appointees of the special batch recruited pursuant to the subsequent special batch advertisement dated 22‑12‑1982 consequent upon recommendation of the Council Committee duly approved by the President of the country were placed in the seniority list vi......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....ingredients of the aforesaid Ain in the allegations contained in the first information report. 2. Facts of the case, in brief, is that Mr. Syed Akram Hossain, Chief Executive Officer, District Council of Gopalganj lodged an first information report with the Gopalganj Police Station against th......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Waugh Vs. King (Supra) a dying declaration was incomplete and it could not be ascertained what the deceased was about to add and this error was not pointed out to Jury and Judicial Committee of Privy Council held that dying declaration is inadmissible when upon its face it is incomplete and no one c......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... not be absolved from proving the guilt of the accused beyond reasonable doubt: having regard to the plea taken by him and the evidence adduced in the case. These decisions were referred to the Privy Council in the case of Fayasena Vs. Reginam, (1970) 1 All ER 219, from Ceylon which is governed by t...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ......e is a lecturer of History of Eden Girls College Dhaka. That after she conceived she had been under the treatment of the accused petitioner No.1 Dr. Hafizur Rahman, the owner of Mother and Child Care Centre and as per his advice all necessary medical check‑up was done. She was also under treatment..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
.... and others reported in 42 DLR (AD) 26 as under: "And then the transferee on determination of interest of the transferor shall be deemed to be a tenant in respect of such premises." The Privy Council says: "Now when a person is "deemed to be" something, the only meaning possible is that ......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....a finding. ……………..(11, 15 & 18) Cases Referred: Mohd Abdun Noor vs. Platinum Jute Mills Ltd. and another 1978 BSCR 467; Lesson vs. General Council of Medical Education and Registration 43 Chancery Division 366. Lawyers Invol......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. ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....or all these reasons, there was no scope of placing reliance upon the above statement recorded under section 164 of the Code of Criminal Procedure. We may here reproduce the observations of the Privy Council which was subsequently consistently followed by the Courts in this Sub‑continent. The ......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
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
.... 56; Haji Golam Hossain vs. Abdur Rahman Munshi 40 DLR (AD) 196; Abdul Jabbar vs. Azizul Huq and others 46 DLR 460; Nader Ali Sk vs. Bangladesh 1984 BLD (AD) 7; Emperor vs. Nazir Ahmed AIR 1945 Privy Council 18; Shafiqur Rahman vs. NI Chowdhury 35 DLR (AD) 127. Lawyers Involved: Khan Saifur R......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
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. ......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
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....s. The body with the power to decide cannot lawfully proceed to make a decision until it has afforded to the person affected a proper opportunity to state his case."(P-80). Though the Privy Council in Durayappah Vs. Fernando, (1917) 2 AC 337, held somewhat differently, the latter English d......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....e the Court of Magistrate, Nabinagar Upazila, Brahmanbaria, stating that the appellant drove her away from conjugal home and married one Farida Begum without obtaining permission of the Arbitration Council as per provisions in section 6 of the Ordinance. 2. The appellant denied the a......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
....iation of 8 metric tons of wheat and thereupon maintained conviction of the appellant. It has been submitted by the learned Counsel for the appellant that P.Ws.3 and 4, members of the Union Council, who were also the members of the project committee and signed 1st and 2nd Master roll,...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......f the Administrative Tribunal, Dhaka dismissing AT Case No. 62 of 1990. 2. The petitioner's case, in brief, is that she was appointed as Librarian in the Investment Advisory Centre of Bangladesh (IACB) with effect from 24th April l980 at the pay scale of Taka 300-540. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....ge, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code." 20. Since the decision of the Privy Council in the case of Abdur Rahman 31 CWN 271 (282) (PC) the consistent view of the courts of the s......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......ned order of compulsory retirement dated July 30. 1994. 2. Facts, relevant for the disposal of the appeal are that the appellant while serving as Senior Scientific Officer at the Coconut Research Centre, Rahmatpur, Barisal was served with the show cause notice dated December 15, 1993 as per prov..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....acquired by the income of the first category property and out of the income of the property of Roy Mohan contained in the Exhibit Ga and left out of it. 19. Privy Council in 29 CWN 1037 in the case of Must Bhagwani Kunwar and another vs Mohan Singh and others&hel......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....ous documents with the admitted writing and signature of the parties to the document and arrived at the finding as to the genuineness of the document and in the said state of the matter the Privy Council had held so. From the Bar the case of Pratik Bandhu Roy and others Vs. Alok Banduh Roy and o...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....in between 17 and 19 years and that examination was done on 16‑7‑2000 and by this time she has become a major and, as such, she cannot be forced to go with the appellant. But the Privy Council in the case of Md. Sayedul Arefin vs. YO Gafur reported in AIR 1916 (PC) 242 has held that ......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74