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Tariqul Islam Vs. State, 2002, 31 CLC (AD)

....y Attorney General, instruct­ed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In both the appeals). Criminal Appeal Nos. 37-38 of 2001. (From the judgment and order dated 14th August, 2000 passed by the High Court Division in Criminal Revision No. 791 of 2000 and ......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ..

Category: Criminal Law | Date: | Hits: 47

Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)

....ord-For the Appellant. Md. Serajul Huq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 48 of 2000 (From the judgment and order dated 20.8.1995 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 142 of 1994).......refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ..

Category: Employment/Service Law | Date: | Hits: 62

Sheikh Ahmed Showdagar and oth­ers Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)

....ior Advocate, instructed by S. R. Khoshnabish, Advocate-on-Record-For the Appellants. Not represented- the Respondents. Civil Appeal No. 1 of 1995. (From the judgment and order dated August 2, 1994 passed by the High Court Division in First Appeal No. 717 of 1991). Jud......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ..

Category: Property Law | Date: | Hits: 24

Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)

....or the Appellant. Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-3. Ex-Parte-Respondent Nos. 4-9. Civil Appeal No. 61 of 1995. (From the judgment and Order dated 11.1.1995 passed by the High Court Division in Civil Revision No. 291 of 1989 (Rangpur) No. 9......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ..

Category: Property Law | Date: | Hits: 28

Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)

....ip;.Petition Vs. The State...............................Respondent Judgment December 7, 2003. Jail Petition No. 3 of 2003. (From the judgment and order dated October, 2002 passed by the High Court Division in Death Reference No.17 of 1999 with Appeal......e jail appeal, we find no illegality or any legal infirmity or any defect of law at any stage of the proceeding for our inter­ference and as such we are fully in agreement with the findings and decisions arrived at by the High Court Division. In such view of the mat­ter, this jail petitio..

Category: Criminal Law | Date: | Hits: 55

Alaluddin Vs. State, 2003, 32 CLC (AD)

....SC) 271; 45 DLR 587, 43 DLR 249 and 6 BLC (AD) 1; 17 BLD 352; 1MLR (AD) 248; 16 BLD (AD) 261. 42 DKR (AD) 31; 15 BLD (HCD) 205. Jail petition No. 13 of 2003. (From Judgment and order dated 08.03.2003 passed by the High Court Division in Death Reference No. 2 of 2000 heard along wi......l procedure the petitioner denied to have made any confes­sional statement, all the columns of the from wherein the confessional statement was record­ed were not filled up and so in view of decision reported in 17 BLD 352 the confessional state­ment of the petitioner can not be relied..

Category: Criminal Law | Date: | Hits: 36

Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)

.... Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No.103 of 1998. (From the Judgment and Order dated August, 1994 passed by the High Court Division in Civil Revision No.36/86 (Chittagong)/Civil ...... merely relying on the statement of the respondent No. 1 in his deposition to the effect that late Fatema Khatun was a simple illiterate and pardanshin lady. The High Court Division relying on the decision reported in 1985 BLD Ad 54 held that the above finding of reversal of the lower appellate..

Category: Procedural Law | Date: | Hits: 87

Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)

....q, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Ex-parte-Respondent Nos. 2-9. Civil Appeal No. 38 of 1998 (From the judgment and order dated 3rd September, 1997 passed by the High Court Division in Writ Petition No. 914 of 1994). ......e Board of BPDB decided that he would be re-employed on the same terms and conditions as in the case of 26 other employees re-employed by office order dated 30.9.1987 and on the basis of the above decision of the Board, by order dated 9.11.87 (Annexure B-1) he was re-employed on condi­tion t..

Category: Employment/Service Law | Date: | Hits: 82

Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)

....al Appeal Nos. 3-5 of 1996). Not represented- the Respondents (In Criminal Appeal Nos. 17 of 1996). Criminal Appeal Nos. 03-05 & 17 of 1996. (From the judgment & order dated 13.08.1995 and 12.02.1996 passed by the High Court Division in Criminal Revision Nos.88-90 o......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ..

Category: Criminal Law | Date: | Hits: 40

Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)

....owdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1. B. Hossain, Advocate-on-Record-For Respondent No. 2. Criminal Appeal No. 12 of 2003 (From the judgment & order dated 25.06.2002 passed by the High Court Division in Criminal Miscellaneous case No. 5518 of 2001......roceeding against the accused being not maintainable under Section 138 of the Act the same was liable to be quashed. 5. In support of the submissions the learned Counsel has referred to the decision in the case of Habibur Rahman Hawlader vs. State and another reported in 55 DLR (HCD) 199 ..

Category: Business or Commercial Law | Date: | Hits: 138

Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)

....Farooq Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Ex-parte-the Respondent. Criminal Appeal No. 2 of 2002 (From the Judgment and Order dated February 23, 1997 passed by the High Court Division in Criminal Jail Appeal No. 2089 of 1992...... reducing the sentence to the period already under gone. The appellant be set at lib­erty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ..

Category: Criminal Law | Date: | Hits: 41

Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)

....Appellant. Farroq Ahmed, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record-For the respondent. Criminal Appeal No. 8 of 2000 (From the Judgment and order dated July 15, 1999 passed by the High Court Division Criminal Appeal No. 2256 of 1995). Jud......oat. So whatever the accused Ajut Ali and Afzal, as claimed by P.W. 5, said to him, but same has not been supported by P.W. 3, and others. So it is seen that although High Court Division based its decision in respect of the appellant while dis­missing his appeal on the evidence of P.Ws.1,2,3..

Category: Criminal Law | Date: | Hits: 49

Dr. M.A. Mazed and others Vs. Bangladesh, rep­resented by the Solicitor, 2003, 32 CLC (AD)

...., Senior Advocate, instructed by Md. Ahsanullah Patwery, Advocate-on-Record-For the Appellants. Ex-parte- the Respondent. Criminal Appeal No. 3 of 2002 (From the Judgment and Order dated 14.08.2001 passed by the High Court Division in Criminal Rule No. 88(R) of 2001) Judgment ......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ..

Category: Criminal Law | Date: | Hits: 109

Additional Deputy Com­missioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)

....cate, instructed by S. R. Khoshnabish, Advocate-on-Record-For Respondents Nos. 1-9. Not represented-Respondent No. 10. Civil Appeal No.163 of 2000. (From the judgment and order dated 18.5.1999 passed by the High Court Division in F. A. No.74 of 1998). Judgment &......estions of factor and were decided in the first appeal upon consideration of evidence on record and no specific misreading and/or non consideration of evidence having been raise before this court, decision of the final court of fact calls for no interference in this appeal. 8. As it appear..

Category: Property Law | Date: | Hits: 29

Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)

....sp;         Not represented- Respondent Nos. 2-4.  Civil Petition for Leave to Appeal No.712 of 2005. (From the judgment and order dated 07.12.2004 passed by the High Court Division in Civil Revision No. 6491 of 2002.) Judg......ant Judge. 10. We have also perused the judgment of the High Court Division and we are of the opinion that the High Court Division considering the facts and circumstances came to a correct decision in discharging the rule and did not commit any illegality in directing to prosecute the pl..

Category: Property Law | Date: | Hits: 25

Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)

....ocate, instructed by A/tab Hossain, Advocate-on-Record-For the Respondent No. 1. Not Represented- Respondent No. 2. Civil Appeal No. 24 of 1999. (From the judgment & order dated 12 November, 1998 passed by the High Court Division in Administrative Tribunal Appeal No. 20......t". Although it was claimed by the respondent (in the AAT), the then Secretary of the ministry of LGRD and co-operatives gave personal hearing to the appellant and formally recorded the final decision and that on his transfer the said deci­sion was only communicated by the successor-in-..

Category: Administrative Law | Date: | Hits: 95

Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)

....nstructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. N. I. Bhuiyan, Advocate-on-Record-For the respondent. Civil Appeal No.138 of 1998. (From the Judgment and order dated February 19,1998 passed by the High Court Division in Civil Revision No. 577 of 1991). ...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ..

Category: Property Law | Date: | Hits: 46

Aminul Islam Chowdhury and oth­ers Vs. Abdul Hamid and others, 2003, 32 CLC (AD)

....enior Advocate, instructed by S.R. Khaoshnabish, Advocate-on-Record-For the Appellants.  Ex-parte- the Respondents.  Civil Appeal No. 28 of 2000.  (From the Judgment and order dated 29th May, 1997 passed by the High Court Division in Civil Revision No.157 of 1996).  J...... The evidence on record are sufficient to dispose of the case in its revisional jurisdiction under section 115(1) of Code of Civil Procedure and in that view of the point of law involved in this case decision on the con­testing issues involved in the suit Court be given by the High Court Division b..

Category: Procedural Law | Date: | Hits: 76

Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)

....nstructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1-7. Not represented-Respondent Nos. 8-16. Civil Appeal No.128 of 1997. (Form the judgment and order dated 18.08.1997 passed by the High Court Division Civil Revision No. 1866 of 1997). Judgmen......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

Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)

....ider, Senior Advocate instructed by Md. Ataul Huq, Advocate-on-Record-For Respondent No.1. Ex parte- Respondent No. 2. Civil Appeal No. 72 of 1997. (From the judgment and order dated 18 March, 1997 passed by the High Court Division in First Appeal No. 166 of 1995). Jud...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ..

Category: Property Law | Date: | Hits: 32