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Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....G.D.E No.730 dated 17.09.2004 under Section 54 of the Code of Criminal Procedure and forwarded them to the Court. It is also alleged in the First Information Report alleging the accuseds to be the woman trafficker and that the accuseds caused several injuries in the body of the victim on differe......nd no substances 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) 536. ......nd no substances 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) 536. ..Category: Criminal Law | Date: | Hits: 52
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ......as rent for 1396 B.S. The direction of the High Court Division and the enshowing payment of rent for 1396 B.S. submitted to the Additional Deputy Commissioner (Revenue) Moulvibazar. There has full knowledge of the direction against the rent deposited for the year 1392 B.S. with the rent for......t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ..Category: Civil Law | Date: | Hits: 101
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
.... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......Judges of a Division Bench of the High Court Division without issuing Rule and that also without hearing the Respondent Nos. 3-9 as well as the State disposed of the application on 15-6-1999 granting full relief sought in the revisional application making direction to the Magistrate to take necessar......5th June, 1999 passed by the High Court Division in Criminal Revision No. 352 of 1999. 2. Facts leading to the filing of this appeal, in short, are respondent No. 1's father Ahmed Chowdhury of village Laturdi in Police Station Motleb, District Chandpur was a devotee of Mirzakhil Darbar Sharif, he..Category: Criminal Law | Date: | Hits: 37
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....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. ......fact that one set of witnesses said that Amjad was assaulted in the khal and another set of witnesses said that he was assaulted on the land of Yasin Khan, P.W.5 . If the evidence had been carefully examined no discrepancy would have been found. The direct evidences that being hotl...... 1983. 2. Facts leading to appeal are the following: In connection with the reaping of paddy in a land of Informant Mir Asmat Ali (P.W.1), a shalish was held in his in his house in village Harogachia on 12 December 1978. In Course of the Shalish, used-respondent Nuru Mira and two oth..Category: Criminal Law | Date: | Hits: 44
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......her the kabala in question was a sale or an ewaz. The pre-emptor was not a party to the document. She is perfectly at liberty to question the nature of the transaction and the pre-emption court has full jurisdiction to entertain the pre-emptee's challenge. 15. In this view of legal positi......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ..Category: Property Law | Date: | Hits: 66
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. ......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. ......r joining in the present post after liberation as leave without pay although they were appointed afresh after the appellant's appointment without any connection with their appointment at Mujibnager giving them benefit of the aforesaid Rules. 5. The Rules was challenged on the ground ..Category: Employment/Service Law | Date: | Hits: 106
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......olute on 25.02.2008. But in the meantime payment was made on 15.07.2007. This was not disclosed before the High Court Division. The sentence reached its finality on 25.02.2008 but before that full payment was received by the complainant. For the self same offence the petitioner could not be......urana Paltan, Dhaka), Senior Advocate of this Court. The petitioner had one son namely Zahid Ahmed Khan (now deceased), a final year LL.B. student in a Private University and three young daughters aged between (13-15) and wife. Petitioner is in jail since 27.12.2008. In the early morning of 16 M..Category: Criminal Law | Date: | Hits: 50
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ...... under Order 39 rule 1 of the Code of Civil Procedure for restraining the defendants. The plaintiff sworn in an affidavit in support of the prayer for injunction and disclosed that he was aged about 28 years on that date. The plaintiff was examined by the trial Court on 15.07.1996. The ..Category: Property Law | Date: | Hits: 30
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ......th 40% margin. The buses were consigned to Dhaka Bank. The Bills of lading were issued in the name of Dhaka Bank. Upon receipt of the shipping documents from the negotiating bank, Dhaka Bank effected full payment under the Letter of Credit. The said buses reached Chittagong Port in June, 2000, but b......gh quality buses which he imported while coming from Japan. The respondent No.1 also imported two other high quality buses to carry on transport business in the name of respondent No3 and at that stage Bangladesh Paribahan (Pvt) Ltd. was formed with respondent No. 2 as its Managing Director and on..Category: Business or Commercial Law | Date: | Hits: 142
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......ce in Form-D, the application shall be addressed to licensing authority (Deputy Commissioner as per S. 4), Treasury Challan showing deposit of requisite fee, true copy of 'No objection Certificate', full particulars as regard ownership of, all rights in the premises and in the Cinematograph apparat......g unable to respondent No. 2 and his late father on taking loan petitioner appellant, under a written agreement dated 22nd April, 1988 and in pursuant to that agreement the appellant took over the management of the Cinema Hall. Subsequent there to the Cinema Hall was put to auction in certificate ca..Category: Civil Law | Date: | Hits: 128
Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ...... increases mainly because of default on the part of the bank officials, inasmuch as the loanee being not aware about technicalities as to the addition of interest, which increases with the passage of time and because of default on the part of the bank officers, they being negligent in pursui..Category: Civil Law | Date: | Hits: 104
Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......ovisions of the Public Servants (Retirement) Act, 1974. 3. Under the provision of the said Act, the writ petitioners were entitled to continue in service till the completion of 57th year of age and then entitled to LPR and other retirement benefits. 4. Under the BCIC Board Memoran..Category: Employment/Service Law | Date: | Hits: 64
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....rt 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: 14 BLC (AD) (2009) 103. ......y a Kabala deed dated 27-2-1967 in favour of the defendant Nos. 1-4. The defendant No. 1 is the husband and the defendant No. 2 is the wife of the defendant No.1, the defendant Nos. 3 and 4 are the full brothers of the defendant No.1. The defendant Nos. 3 and 4 sold their share measuring an area ......rt 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: 14 BLC (AD) (2009) 103. ..Category: Property Law | Date: | Hits: 49
State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)
.... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ......Daman Special Case No.59 of 1998 to death. 4. The prosecution case, in brief, was that victim Selina Begum was a young girl. She was a student of class seven. In school certificate her age was 12 years and according to the post mortem report she was 16 years. On the night of 1-11-19..Category: Criminal Law | Date: | Hits: 38
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......532). Sir Robert Megarry V.C., said "The European Convention of Human Rights is not, of course, law though it is legitimate to consider its provisions in interpreting the law; and naturally I give it full weight for this purpose." Nonetheless, he (and subsequently the Court of Appeal) applied the ......ed Counsel argue while moving this review that an error of law apparent on the face of the record has been committed in refusing to grant leave to appeal relying on the decision reported in 21 DLR page 357 since it is no longer applicable in view of Articles 2 and 6 of the Paris Convention for the..Category: Intellectual Property Law | Date: | Hits: 233
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
.... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ......fter referred to as BADC, is a statutory Corporation established' under the Bangladesh Agricultural Development Corporation Ordinance, 1961. The second and third appellants are its General Manager (Supply) and Regional Manger (Fertilizer) respectively. 2. The Writ petition came to b..Category: Employment/Service Law | Date: | Hits: 97
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......ioner left for U.K. in October, 1970 or October, 1971, if the writ petitioner had been continuing in possession after the gift, either actual or constructive, the gift is complete and it has taken full effect. He has cited several decisions to show that for a gift of this nature no actual h......r an inquiry was held into the matter. She was asked by the Deputy Commissioner, Chittagong by letter dated 6-6-84 to submit documents and papers in support of her claim on 13-6-84. Her authorized agent appeared before the Deputy Commissioner, Chittagong on 12-6-84 and submitted documents and pa..Category: Property Law | Date: | Hits: 42
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ...... the said .01 acre of land verbally with Shamsuddin. The remaining .10 acre was sold by Bisahatullah by a registered sale deed dated 13 January 1922 to Abdul Barek, Abdul Mannaf and Abdul Jabbar with full knowledge and consent of Sheikh Bagu who attested the said deed. The purchasers in their turn s......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ...... (b).....................................; (c).....................................; (d).....................................; (e) he holds any full-time office of profit in the service of the Republic or of the Union Parishad or of any o...... the Ordinance arrived at an erroneous conclusion by the impugned judgment 6. In elaborating the above contention, he pointed out that the provision of Section 7(2) (f) of the Ordinance envisages that a candidate for Chairman or member of the Union Parishad will be disqualified if the cand..Category: Election Law | Date: | Hits: 282
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....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. ......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. ......13:30 P.M. alleging, inter alia, that at about 8:30 in the morning of 27.05.1996 on Monday the informant accompanied by his sons Ruhul Amin and Shahidullah were going to their own residence at village Vete Morjal. At about 8:30 A.M. when they reached at the eastern side of the homestead of one F..Category: Criminal Law | Date: | Hits: 47
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