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Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ......od of remand the accused was taken to the Cantonment and he was also tortured there. To ascertain whether the accused was subjected to any torture as alleged it is necessary to obtain a statement from the investigation officer who took the accused on remand and kept him in his custody for the ...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......rming the capital punishment. 2. The short fact leading to this petition is, that on 18-4-1990 PW 9 Molla Mohammad Shahjahan received a telephonic message at about 3-30 PM from PW 5 Tajul Islam that deceased Mostafizur Rahman has been killed and his dead body was lying a......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..Category: Criminal Law | Date: | Hits: 47
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......considered to have established the case finally or conclusively or said to have proved the case for having the relief sought by the first party in the proceeding conclusively or in other words free from alloy……………………..(9) ......i’s and Kulsuma Bibi’s being the full sisters of Ilias Miah has not been resolved by legal evidence and that the evidence of PWs 1 and 2 having not been corroborated by the evidence of independent and reliable witness the same cannot be made the basis for coming to the decision that ......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ..Category: Property Law | Date: | Hits: 49
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
.... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ...... The Corporation failing to remove the respondent through a proceeding and thereafter failing to send him on compulsory retirement under regulation 55(2) finally terminated him from service and such termination is dismissal in the garb of termination and as such without lawfu...... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ...... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ..Category: Employment/Service Law | Date: | Hits: 75
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ...... was dismissed on 23rd April, 1996. 3. It may be mentioned the respondent at the relevant time i.e. when the disciplinary proceeding was initiated against him and was dismissed from service following said disciplinary proceeding, was a Sub-Inspector of Police. ...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ..Category: Administrative Law | Date: | Hits: 116
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......ing separate sets of written statements. The case of the defendant No. 1 was that financial condition of Balaram Mistry was not sound and that Balaram prior to his death was suffering for long time from different kinds of diseases and that he died leaving debts and for repayment of debts of her ...... the parties to the conveyance and those who claim under them.” “If the deeds were challenged at the time or near the date of their execution, so that independent evidence would be available, the recitals would deserve but slight consideration, and ......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......y, 1989 about the incident and he came to Barisal on 15th May, 1989 and found his brothers in the Surgical Ward and then went to his house in village Darakhana and after hearing about the incident from his brothers wife (PW 11) and from his nephew (PW 12) and others lodged the FIR on 17th May, 1......vision caused serious miscarriage of justice in affirming the conviction and sentence of the petitioner. He further submits that the High Court Division did not consider the case of the petitioner independently by assessing the evidence on record against him and that the evidence on record would......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......986 at page 9764(1) and Serial No. 239 declared to have been passed and made without lawful authority and of no legal effect and further directed the respondent-petitioner to exclude the said house from the list of abandoned building. The fact relevant for disposal of this petition is that one Ab......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ..Category: Property Law | Date: | Hits: 46
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ...... completed 3 years of service on 5-10-1984 as Extra-Assistant Commissioner of Taxes. According to the recruitment Rules, one- third posts of Assistant Commissioners are to be filled up by promotion from the Extra-Assistant Commissioner and two-third posts are to be fill up by direct recruitment....... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......bsp; M Amin Choudhury CJ.- These two appeals are taken up for disposal as common question of facts and law are involved. 2. Both the writ petitioners were appointed Appraisers from surplus personnel and promoted to the post of Principal Appraiser on 26-11-1996 and their nam......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......ar of rents and compensation stating, inter alia, that the defendant-respondent was a monthly tenant at a rental of Taka 300 per month as per agreement dated 15-8-1971. Although the tenancy commenced from 15th August 1971 by mutual agreement between the parties the monthly rent was paid according to......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ..Category: Tenancy Law | Date: | Hits: 76
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ...... during the pendency of the civil revision defendant No. 7 Badaruddin Mandal who was the appellant in Miscellaneous Appeal No. 54 of 1985 died on 22nd December, 1992. That on receipt of the record from the High Court Division the same was shown to the learned Advocate of the defendant-appellant ......tioners in assertion of their right to be added as parties (appellants) in the appeal were taken to be correct “then also they cannot be added as parties in the instant suit because they have independent right to call in question the legality and propriety of the decree passed in Title Suit......dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ..Category: Property Law | Date: | Hits: 63
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......nd guilt of an accused. 4. We have gone through the available materials. There is no denial of the fact that on the night following on 5-10-1989 deceased Sabila Khatun died and from the evidence of PW 3 Dr Ahmed Ali Akon it appears that the death was the result of strangulati...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ..Category: Criminal Law | Date: | Hits: 52
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ...... 5 of the Code of Civil Procedure whereupon an order of ad interim attachment was made and upon hearing the respondent Nos. 3-5 the order was made absolute attaching the property. On an appeal therefrom the High Court Division allowed appeal by the impugned order setting aside the order of attac......under Order XXXVIII rule 5 CPC. 10. Admittedly, the attachment was designed regarding the subject matter of letter of credit. The letter of credit although ancillary to an agreement is yet independent of the parent contract between the buyer and the seller. By opening the letter of cred......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ......he face of the record. 2. This Division while disposing of the civil petition by judgment and order dated 1-8-1999 has found that the plaintiff has purchased the property from Gurupada Das Bairgai in whose name the property was recorded duly backed by possession of the ...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ..Category: Property Law | Date: | Hits: 43
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ...... Rule issued earlier. 2. The short fact leading to this petition is that the petitioner was earlier elected a Member of the Parliament on the ticket of Bangladesh Awami League from the constituency No.140 Tangail 8, Shakhipur Bashail and due to difference of opinion with the......he names of the judicial officers who were earlier named by the Election Commission but instead submitted a list of others by adopting the principle of pick and choose thereby interfering with the independent choice made by the Election Commission which was flashed in the national dailies. The M....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ...... Stock Companies and Firms. Thereafter BRAC invested moneys in the purported BRAC Bank Limited to the extent of Taka 19,99,400 being 99.97 percent of the paid up capital of BRAC Bank as is evident from the Memorandum and Articles of association of the Bank. It is apparent from the objectives of ...... contention that Clause 3(xv) of the of BRAC should be read subject to Clause 3(i) is not tenable since Clause 3 (xxiii) of the Memorandum clearly sets out that each object shall be construed as an independent clause not subject to any other clause. Dr Hossain submits that the High Court Division......of the High Court Division in respect of investment made by BRAC on the fund received from abroad. It is submitted that as long as money received as foreign donation is invested to generate more resources for charitable purposes neither the Government in exercise of its regulatory powers nor the..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
.... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......p; Bimalendu Bikash Roy Choudhury J.- This is a petition by the plaintiff for leave to appeal from the judgment and order dated 7 July 1996 passed by the High Court Division in Civil Revision N...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ..Category: Procedural Law | Date: | Hits: 97
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......om PWs 3, 6, 9 and 10 were simply tendered while PW 4 was declared hostile and the rest of the witnesses were formal in nature. No witness was examined by the appellant. His defence, as it appears from the trend of cross-examination of the witnesses, was a plea of innocence. ...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ..Category: Criminal Law | Date: | Hits: 55
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