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State Vs. Md. Haroon, 1984, 13 CLC (AD)

....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......he next objection as to why the blood-stained apparels were not produced be­fore the court which troubled the minds of the learned Judges. The evidence is that the accused was apprehended by a large number of people who were working in the field and he was caught by 50/60 people and then he was a t..

Category: Criminal Law | Date: | Hits: 64

Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)

....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. ......sion for about six months. The learned Deputy Attorney General has argued that this absconsion sufficiently corroborates the confessional statement. In support of this argument he has referred to a number of decisions. 9. In the case of Gul Hassan and another V. The State, PLD 1969 SC 89,..

Category: Criminal Law | Date: | Hits: 63

Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)

....e Constitution and they are performing their functions in con­nection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......65 shall make legislation and perform other legislative functions and this Parliament as constituted by these members if twist or break the fundamentals of Parliament by taking away a considerable number of members outside the Parliament in order to make the Parlia­ment ineffective which is ..

Category: Constitutional Law | Date: | Hits: 147

Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)

.... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ......sec­tion 38(2) of the Registration Act Abdul Barek was examined on commission and the docu­ment was ultimately registered on 23 October 1983. Abdul Barek thereafter died. But a kabala being number 709 was registered on 12 February 1984 at Belabo Sub-Registry Office in respect of the self ..

Category: Property Law | Date: | Hits: 40

Md. Badruzzaman Vs. Begum Shamima Naz Siddique and oth­ers, 1998, 27 CLC (AD)

.... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ......de the order dated 13 August, 1987 passed by the Assistant Judge, First Court, Bogra Sadar in Miscellaneous Case No. 2 of 1986 allowing the same and restoring Other Suit No. 365 of 1981 to file and number after setting aside the Order dated 22 December, 1985 recording abatement of the suit. ..

Category: Property Law | Date: | Hits: 31

Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)

....s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......l facts of the case, briefly, are that on 24.7.94 appellant No. 1, Askar Ali as sole plaintiff instituted Title suit No. 151 of 1994 in the fourth Court of Subordinate Judge, Dhaka against a large number of defendants, 111 in number, including the respondents as Defendant Nos. 61 to 67, for a de..

Category: Property Law | Date: | Hits: 27

Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)

....ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......led an application under Order 9, Rule 4 of the Code of Civil Procedure and Misc. Case No. 14 of 1993 was started, that case was allowed ex-parte and the suit was restored to its original file and number and ultimately the suit was also decreed ex parte on 1.11.1994. 3. The defendants the..

Category: Civil Law | Date: | Hits: 72

Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)

....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured."  ......date and time of public power failure. It is recorded as on 28.11.88 at 8.35 A.M. but was found by the High Court Division to have been "overwritten in place of something else'. It contained a number of over writings erasures, interpolations etc. Which has been admitted by P.W. 1 himself on..

Category: Civil Law | Date: | Hits: 135

Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)

.... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......iling affidavit-in-opposition. Their case is that 106 post of kanungo fell vacant and the Government was sustaining loss due to difficulties in collection of land revenue in the absence of required number of kanungos and as such the Government took steps for fill­ing up the vacant posts. For..

Category: Civil Law | Date: | Hits: 117

Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)

....sions of the learned Counsel for the appellant. The appeal is accordingly dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ......mal half of Plot No. 7066 has been inherited by defendant Sukada as the only heir of her father Probodh Chandra. (d) Exhibit-"C" rent receipts which con­tain the khatian number and Plot No. 7066 measuring .08 decimal of land as mentioned in the schedule of the plain..

Category: Property Law | Date: | Hits: 29

Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)

....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......s and other Courts. 3. Plaintiff-appellant filed Title Suit No. 603 of 1985 in the First Court of Subordinate Judge, Dhaka which on transfer to the 3rd Court of Subordinate Judge was renumbered as above i.e., Title Suit No. 2 of 1987. It was ini­tially a suit for simple declarati..

Category: Property Law | Date: | Hits: 56

Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)

....urt Division in making the Rule absolute and directing muta­tion of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ...... after transfer has been duly mutated in the name of its original owner the Standard Bank/Rupali Bank and taxes and rates etc. are being paid in the name of the peti­tioner Bank. Copies of a number of documents including the sale deed dated 19-08-65 have been annexed to the leave petition..

Category: Property Law | Date: | Hits: 35

Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)

....per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......on  admit card, being No. 66940 dated 06.01.2003, pursuant to which the writ petitioner appeared in the admission test and passed the same having placed in merit position No. 2097 and his Code number was 144.35 in the merit list and accordingly he was allowed to be admitted in the Departmen..

Category: Civil Law | Date: | Hits: 103

Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)

....ssed or order passed by the Union Parishad under Section 61 of the Union Parishad Manual Ordinance, 1983. But the Government neither suspended the execution of the resolution passed by the majority voter (Anncxure-G1, H1). The respondent No. 1 Violating the provision of lawful authority even over......nd no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ..

Category: Others | Date: | Hits: 87

M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)

....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......ney of Tk. 60,25,100/- as per terms and condi­tions of the tender and the plaintiff became the highest bidder in respect of the proper­ty in question and thereafter due to the pendency of a number of suits in different Courts some of the properties had been excluded and later on the earli..

Category: Property Law | Date: | Hits: 42

Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)

....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......wo others (Zahid Hossain and Ismail Hossain) that they would be treated as and not as surplus inas­much as the Project they had been working in was abolished. Our attention has been drawn to a number of memos of the Establishment Ministry showing that the personnel of the same project were t..

Category: Employment/Service Law | Date: | Hits: 119

Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)

....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......t the parties voluntarily consented to the terms and conditions of the compromise petition and the High Court Division did not allow the allega­tion of restoration of the appeal to its file and number upon vacating its' earlier order dated 9.11.1999 granting probate. 6. We have heard ..

Category: Property Law | Date: | Hits: 74

Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)

.... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ...... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ..

Category: Criminal Law | Date: | Hits: 44

Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)

....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ......ench of the High Court Division in Civil Rule No. 117(F) of 1993 rejecting the appellants application praying for recalling the order dated 7.2.1996 and restoring the Rule to its original file and number arising out of F.A.T. No. 176 of 1993 earlier discharged by the High Court Division. ..

Category: Procedural Law | Date: | Hits: 94

Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)

....nindra settled the suit land orally to the plaintiff after the death of Ambika. The appellate court has relied on two documents, namely, a certificate from the local Chairman marked Ext. X and the voter list of the locality, which were filed for the first time before the appellate court and foun....... Accordingly, the appeal is dismissed with­out any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ..

Category: Property Law | Date: | Hits: 26