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Anowara Begum Vs. State, 2004, 33 CLC (AD)
....saulted by her husband for dowry and thereafter her husband left for London and she went back to her father's house at Sylhet for treatment. On his return from London her husband issued a legal notice claiming huge amount allegedly taken away by the informant from his house at Banani, D......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ..Category: Criminal Law | Date: | Hits: 64
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
.... the cases are under tampered condition. The bank by its letter dated 14.2.74 denied pilferage from its godown, and refused to deliver the goods till clearance of entire dues of LIM accounts and by legal notice dated 22.5.76 demanded payment of the outstanding dues. Present market value of the und......udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ..Category: Civil Law | Date: | Hits: 79
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
....ellant upon referring to the provision of order 1 Rule 3 of the Code of Civil procedure submitted that in the background of the facts of the case impleading of the defendant Nos. 3 and 4 was quite legal and that High Court division erred in refusing to interfere with the order of he trial court ...... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ..Category: Civil Law | Date: | Hits: 121
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....ivision having meticulously considered and assessed the evidence of prosecution witnesses and other materials on record accepted the death reference and rejected the jail appeal, we find no illegality or any legal infirmity or any defect of law at any stage of the proceeding for our inter&s......e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ..Category: Criminal Law | Date: | Hits: 55
Alaluddin Vs. State, 2003, 32 CLC (AD)
....ent of the petitioner was true and voluntary and the Magistrate who recorded the confessional statement stated in unequivocal terms that he recorded confessional statement after observing all legal formalities required under the law and in the decision reported in 29 DLR (SC) 271 it has been......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..Category: Criminal Law | Date: | Hits: 36
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....nexure-D) allowed him seniority as prayed for but on 13.2.1994 he received a copy of the order dated 24.11.1993 (Annexure-E) whereby his seniority as already allowed by order dated 8.11.1993 was illegally taken away without giving him an opportunity to show cause. 3. The respondent Nos. 2-......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ..Category: Employment/Service Law | Date: | Hits: 82
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ed last, the requirement of law has been fulfilled. He challenged seriously the observation of the High Court Division that the cheques being returned unpaid for the first time on 11.02.2001 and no legal notice being sent upon the accused with in 15 days from the date of receipt of the informati......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ..Category: Business or Commercial Law | Date: | Hits: 138
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....lly on 9tn May, 1991 he was dismissed by the office order communicated under the signature of the then secretary, of the Ministry of LGRD and co operatives. The respondent No.1 challenging the legality of the order of his dismissal filed A.T. case No.135 of 1991 before the Administrative Tr......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. ..Category: Administrative Law | Date: | Hits: 95
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
.... the suit land. 2. The High Court Division while remanding the suit observed as under: "The only point to be decided as to whether the lower appellate Court was properly and legally reversed the findings of the trial Court. I have heard the learned Advocate of both sides,......judgment in the light of the observations made there in setting aside the judgment and decree of the appellate court passed in Title appeal No. 5 of 1993 with a direction to the parties to maintain status quo in respect of the suit land. 2. The High Court Division while remanding the su..Category: Procedural Law | Date: | Hits: 76
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....r can not amend or change the scheme of the management of the said wakf estate. But we find that the provision of sub-section 5 of section 34 of the Wakf Ordinance, 1962 empowers and authoress legally the wakf administrator to make necessary amendment/change or variation of the "s......uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ..Category: Trust/Waqf Law | Date: | Hits: 200
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....tee formed under the leadership of respondent Nos. 5 and 6 and further said that there was no alternative but to hold the election by ways of secret ballot. Respondent Nos. 5 and 6 challenging the legality and propriety of the latter dated 02.01.2000 filed Title Suit No.10 of 2000 in the 2n......allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ..Category: Labour and Industrial Law | Date: | Hits: 100
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....ave, is against the judgment and order dated January 30, 2001 of a Division Bench of the High Court Division in writ petition No.1468 of 2000 making the Rule absolute and thereupon declared illegal the Memo, dated March 2, 2000 of the Ministry of Law, Justice and Parliamentary Affairs, Gove......made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ..Category: Civil Law | Date: | Hits: 95
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....ating the evidence in support of the charges but in the instant case the only material before the Court against the accused respondent was the confessional statement of co accused which is no legal evidence against the convict respondent in the absence of any other corroborative evidence. A......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)
....ntial quarters. By a mere press release inviting general information about unauthorized occupation of lands in and around the city of Dhaka the writ petitioners have not been bestowed with any legal right for release of the case property from requisition. The writ petitioners have filed......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. ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....81 calling upon the appellants of the two appeals to show cause as to why the said notice for sale of the said property should not be declared to have been made without any lawful authority and of no legal effect. That rule was ultimately disposed of as anfractuous by judgment dated 14.1.1982 in vie......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149...Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....o. Dated 29-7-74 under P. O. No. 9 of 1972 which the challenged in title Suit No. 123 (a) of 1978 of the 1st Court of Subordinate Judge, Dhaka and obtained a decree declaring the said order as illegal. The government appellant's Title Appeal No. 230 of 1980 was dismissed on 11-12-85. The re......od of his removal he was not engaged in any remunerative employment or any business of profit. He joined the Dhaka District Bar and then the Supreme Court Bar as an Advocate only to maintain a social status. He could not devote himself to legal practice. He has been suffering from heart problems for..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....ff value by the impugned notifications giving retrospective effect was arbitrary and without any reasonable basis and as such the same amounts to an exercise of unguided power which is illegal inasmuch as there being no guide line for fixing tariff value in Section 25 and the Governmen......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 199
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....ppearing when the suit was taken up for hearing and decreed ex parte are based on correct assessment of the materials on record. The learned Advocate for the appellant could not point out any legal infirmity in the judgment of the High Court Division. The appeal is accordingly dismis......egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ..Category: Procedural Law | Date: | Hits: 84
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
.... The learned Advocate appearing on behalf of the appellants submits that after this unanimous resolution it can not now be said that the counting of ballot papers in Dhaka of outside stations is illegal. But Article 46(1)(i)(e) provides that the notification as contemplated under this Artic......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....issions as to (i) whether the Court Division is competent and independent to act under section 491 of the Code of Criminal Procedure in an appropriate case when it is found that the victim has been illegally and improperly kept under confinement under the garb of judicial custody when she is a minor......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 34
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