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Md. Awlad Hossain and another Vs. Joynab Bibi and anoth­er, 2004, 33 CLC (AD)

.... It may also be noted here that the Board, of which the Proforma Respondent No. 2, who issued Memo dated 21.4.97, is the Assistant Commissioner, consists of several members and many of whom, had long judicial experi­ence as magistrates or in other capacities and the Board is supposed to deal with s...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...

Category: Criminal Law | Date: | Hits: 51

Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)

....gs and decisions arrived at by the High Court Division are liable to be set aside. 8. He further submits that the approver wit­ness (P.W. 20, Nur Alam) being an accused of 23 cases made judicial confession in all the 23 cases in one sitting when the trial of the case was in progress a...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ..

Category: Criminal Law | Date: | Hits: 45

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

....er submits that the High Court Division's judgment dated 2.12.1999 in Civil Revision No. 182 of 1990 is wrong and per­verse and the learned Judge of the High Court Division has not applied his judicial mind on the documents and evidence of the defendant in that- (a) Exhibit-......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. ..

Category: Property Law | Date: | Hits: 29

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

.... real question in controversy between the parties. 11. As to how the Court should exercise its power under the rule and what are the limitations in the exercise of such power, the judicial committee of the Privy Council in the case of Ma Shwe Mya Vs. Maung Mo Hnaung, AIR 1922 PC......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. ..

Category: Property Law | Date: | Hits: 56

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

....ur village gave an undertaking of gift away 0.50 acre of property if the place for pro­posed construction of Dohakul Union Parishad is selected at Brahampur Mouza near Brahampur Bazar on a non-judicial stamp of Tk. 150/- and handed over the said document to the Chairman of Union Parishad in ......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

Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)

....ndents are at liberty to mention the same for early hearing the appeal.              Ed. This Case is also Reported in: ......tural University handing over charge on 17.3.2005. The said joining report of the writ petitioner was accepted by the Director General of BARI and since then he has been serving and performing the functions of a Senior Assistant Director (Administration) and he has been paid salary upto May, 200..

Category: Employment/Service Law | Date: | Hits: 89

Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)

....nt Department by filing written statement and thereby giving an opportunity to the defendants-Government for the ends of justice, and the learned Judge of the High Court Division without applying his judicial mind has passed the impugned judgment which caused failure of justice and the further submi...... filed by these petitioners".   Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 241

Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)

....;nected in the subject matter of the suit. He has firstly contended that the High Court Division has committed an error of law in not consider­ing the facts of the case and without applying its judicial mind wrongly discharged the Rule because of the fact that the learned Subordinate Judge, C......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ..

Category: Others | Date: | Hits: 95

Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)

....urther there is no materials on record to show that the respondent had the per­sistence reputation of being corrupt and as it appears the Administrative Tribunal completely failed to apply its judicial mind in deciding the case and in a slip shod manner dismissed the case while the Administr......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ..

Category: Administrative Law | Date: | Hits: 94

Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)

....legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..

Category: Property Law | Date: | Hits: 39

M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)

....g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......ity committed in select­ing the petitioner herein as one of the respon­sive technical bidder. Moreover the High Court Division is quite competent to make direction to the person performing functions in connection with the affairs of the Republic or of a local authority to refrain from do..

Category: Procedural Law | Date: | Hits: 83

Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)

....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......resident, make rules for regulating the practice and procedure of each Division of the Supreme Court and of any court subordinate to it. (2) The Supreme Court may delegate any of its functions under clause (1) and article 113 to a division of that Court or to one or more Judges. ..

Category: Election Law | Date: | Hits: 312

Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)

....cision of the trial court and rightly reversed the judg­ment of the lower appellate court although the same is a final court of fact in as much as the lower appellate court failed to apply his judicial mind and wrongly interpreted the provisions of section 73 of the Evidence Act. We therefor...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ..

Category: Property Law | Date: | Hits: 27

Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)

.... consideration of any oral or extraneous evidence to contradict the terms of an instrument when it is proved under Section 91, subject, obscures, to certain excep­tions. There is uniformity of judicial authorities on the question of exclusion of oral evidence by documentary evidence, and it ......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..

Category: Property Law | Date: | Hits: 44

Mridul Baul Minto and another Vs. Serajul Islam Babul and others, 2002, 31 CLC (AD)

....istrate, Munshiganj forthwith and that learned Magistrate was also directed to secure appearance of the girl before him through police and that made further direction to put the Respondent No. 2 in judicial custody on produc­tion or appearance. At the time of granting leave to appeal the appe...... 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

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. ......ry form and that in the said from of Government, "Cabinet may be understood as the government and it includes all the min­istries headed by the Prime Minister, the Cabinet has distributed functions between the Ministries. Accordingly the Ministry of LGRD and co-operative, Local, Governm..

Category: Administrative Law | Date: | Hits: 95

Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)

....on Ordinance, 1969 that the Registrar had authority to decide about the validity and legal­ity of any elected committee and further that the High Court Division failed to exercise its power of judicial review under Article 102 of the con­stitution in the manner required by the constitu&s......ukder was co opted as president of the said Union. The Union failed to hold election after expiry of 2 years to elect a new Executive Committee and the previ­ous committee continued to run the functions of the Executive Committee, without holding any election and without complying with the p..

Category: Labour and Industrial Law | Date: | Hits: 100

State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)

....Criminal Procedure. 4. On perusal of the judgment of the Sessions Case it appears that the only evidence against the accused petitioner as under:  "On a perusal of the judicial confession Ext.3 (ka) dated 18.10.1986 made by convicted accused Babor Ali, son of Kashem......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

Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)

....the appeal is allowed with­out any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......ommissioner and this adminis­trative act is not coupled with any duty and such the learned Judges acted wrongly and without jurisdiction in directing release of the property assuming executive functions of the Government officials. On the contrary, Mr. Rafiq-Ul Huq, learned Advocate a..

Category: Property Law | Date: | Hits: 29

Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)

....nting, the arbi­trary set off made by the Appellate Tribunal has no sanction of law and is not permissible. Lastly Mr. B. Hossain contends that there being no Rule in Government service or in any judicial pronouncement as to granting of "Performa promotion" by a court or Tribunal, the Appellate ......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