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State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....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. ...... Additional Attorney General, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellant. Ex-parte- the Respondents. Criminal Appeal No. 1 of 1995. (From the judgment and order dated 16th February, 1993 passed by the High Court Division in Death Reference No. 10 of 1988......t at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......n the night informant P.O. 1 Babu Mia, P.W.2 Jogal Kumar Saha, P.W.3 Subal Kumar Saha and deceased Monsur Ali were returning home in the boat of deceased Entaz Ali with bundles of clothe and cash money from Bumagati hat (weekly) market. At about 8.30 P.M. when they with their boat reached at the..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......n Ahmed, Senior Advocate (Ozair Farooq, Senior Advocate with him) instructed by Md. Nowab Ali, Advocate-on-Record-For Respondent. Civil Appeal Nos. 43 of 2000. From the Judgment and order dated 31.5.1999 passed by the High Court Division in first Appeal No. 30 of 1999). Jud......h costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......reater Dhaka City from flood. The respondent submitted a tender for construction of 5 sluice gate at a cost of Tk. 2,25,00,000/- which amount was subsequently raised to Tk. 3,52,00,000/- The petitioner accepted the tender of the appellant and issued work order for the construction of only one sl..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....e case property having been used for the purpose for which the same was proposed to be acquired and the requiring body having requested the additional Deputy Commissioner (L.A). Dhaka to publish the Notification of acquisition under Section 5 (7) of the Act, all that the High Court Div......s. Azra Ali, Advocate-on-Record-For respondent Nos. 14-36. Civil Appeal No.118 of 1997. With Civil Petition for Leave to Appeal No. 220 of 1997. (From the judgment and order dated 20.6.1996 passed by the High Court Division in Writ Petition No.1312 of 1993.) J......nt August 23, 1998. Cases Referred To- Badal Rani Vs. government of Bangladesh, 27 DLR (AD) 65. Lawyers Involved: Mahmudul Islam, Attorney General (B. Hossain, Deputy Attorney General and Bazlur Rahman Ghana, A. A. G. with him) instructed by Mvi. Md. Wahi...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka and other....................................Appellants Vs. Abdul Wahab M..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
.... is situated was let out to the previous owners of the said factory as monthly eject able tenets and they are the owners of the land and structures standing thereon. 3. On 27.5.1981 a notice was published in the Daily Sangbad inviting tenders by 27.6.1981 for sale of the said property by auct......vocate-on-Record-Respondent Nos. 1-4 (In both the appeals). Not represented-Respondent Nos. 5-7 (In Civil Appeal No. 47 of 1999) Civil Appeal Nos. 46 & 47 of 1999. (From the Judgment and order dated 25.3.1998 passed by the High Court Division in Writ Petition No. 4127 of 1992). Judgm......gment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.......tures standing thereon. 3. On 27.5.1981 a notice was published in the Daily Sangbad inviting tenders by 27.6.1981 for sale of the said property by auction. Challenging the said notice writ petitioner Respondents filed Writ petition No.480 of 1981 on the allegation that they are owners of the la..Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....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. ......Haque Siddique, Advocate-on-Record-For the respondent (appeared with the leave of the Court) (In both the appeals). Civil Appeal Nos. 102 and 103 of 1997. (From the Judgment and order dated 26-11-96 passed by the Administrative Appellate Tribunal in Appeal Nos. 55 and 58 of 199......sp; ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Government of Bangladesh represented by the Secretary, Ministry of Establishment……………… Appellants (In both the appeals). Vs. Shamsuddin Ah......he aforesaid judgment and order of the Administrative Appellate Tribunal and leave was granted in both the appeals in the following terms:- Mr. B. Hossain, learned Advocate-on-Record for the petitioner submits that the Government petitioner fully executed the Civil Court's decree by reinstating t..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....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. ......l appeals). Ex-parte- the Respondents (In all appeals). Amicus Curiae-K. S. Nabi, Attorney General. Civil Appeal Nos. 6, 7, 8, 9 and 10 of 1995. (From the judgment and order dated 16.8.94 passed by the High Court Division in writ Petition Nos.1786, 1787 of 1790, 287,......ment May 21, 1997. Cases Referred To- Collector of Customs, Chittagong and others Vs. A. Hannan 42 D.L.R (AD) 167; Collector of Customs, Chittagong and others vs. Ahmed Hossain and 39 others, 48 DLR (AD) 199. Lawyers Involved: Dr. Kamal Hossain Senior Advocat...... discharging the Rules Nisi. 2. Although different articles were importer appellants yet the question of law involved in all these appeals being common they are being disposed of together in one judgment. 3. Broadly speaking the importer appellants imported certain articles, such as..Category: Fiscal/Taxation Law | Date: | Hits: 199
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
.... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ......im) instructed by B. Hossain, Advocate-on-Record-For Appellants. Sharifuddin Chaklader, Advocate-on-Record-For Respondent. Civil Appeal No. 109 of 1999. (From the Judgment and order dated 18.2.1997 passed by the High Court Division in Writ Petition No. 689 of 1995). J......etition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ......d 18.2.1997 passed by a Division Bench of the High Court Division in Writ Petition No. 689 of 1995 making the Rule Absolute. 2. The short fact leading to this petition is that the Writ petitioner respondent moved the High Court Division alleging that he was a Class-1 Gazetted officer under..Category: Administrative Law | Date: | Hits: 95
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......Afzalul Huq, Advocate, instructed by Md. Nawab Ali, Advocate-on Record-Respondent No. 2. Ex-parte-Respondent Nos. 1, 3-5. Civil Appeal Nos. 95 of 1994. (From the Judgment and order dated 20.6.1994 passed by the High Court Division in Civil Revision No. 56 of 1992). J......aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......re that the appellant as plaintiff filed the aforesaid suit in the Court of Assistant Judge, at Gouripur Upazilla for permanent injunction against the defendant respondent stating, inter alia, that one Ahmed Ali Khalifa, the C.S. recorded tenant of 0.6 acres of land in C.S. Khatian number 66 sold..Category: Property Law | Date: | Hits: 23
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ......ur Razzak, Additional attorney General, instructed by B. Hossain, Advocate-on-Record-For the respondents (In all the appeals). Civil Appeal Nos.75-86 of 2002. (From the Judgment and order dated June 28, 2001 passed by the High Court Division in Writ petition No. 5756 of 2000 [hear......ers. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ......charged the Rules obtained in the respective Writ petitions. The Writ petitions were filed challenging legality of the letter dated November 16, 2000 issued under the signature of Assistant commissioner Housing and Settlement, Ministry of Housing and Public Works, Government of Bangladesh cancel..Category: Property Law | Date: | Hits: 27
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....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. ...... Lawyers Involved: Md. Amir Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 10. Civil Appeal No. 170 of 2000. (From the judgment and order dated 15.02.1999 passed by the High Court Division in Civil Revision No. 3023 of 1994.) ......dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......eld Title Suit No. 263 of 1986 for declaration of title and confirmation of possession and for permanent injunction on the assertions made in the plaint. The predecessor of the defendant petitioner filed written statement. The suit was fixed on 23.10.1989 for ex parte hearing. On that date t..Category: Procedural Law | Date: | Hits: 84
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
.... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ......ucted by, Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. Amir Hossain, Advocate-on-Record-For the Respondents. Civil Appeal Nos. 68 of 2000. From the Judgment and order dated 2nd March, 1998 passed by the High Court Division in Writ Petition No. 1845 of 1996.) ......uthority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ......ion No. 1845 of 1996.) Judgment Md. Ruhul Amin J.- This appeal, by leave, is of the writ petitioner against the judgment and order dated 2 March, 1998 of a Division Bench of the High Court ..Category: Employment/Service Law | Date: | Hits: 69
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......pellants. Ahsanullah Patwary, Advocate-on-Record-For the Respondents No. 1. Not represented-Respondent Nos. 2-12. Civil Appeal No. 190 of 2000. (From the judgment and order dated 11th June 1998 passed by the High Court Division in Civil Revision No. 2588 of 1993). ...........Appellants Vs. Khandakar Mosharraf Hossian & Ors .......Respondents Judgment January 20, 2004. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Ahsanullah Patwary, Adv......efly are that the respondent No.1 as pre-emptor filed the above pre-emption case No. 28 of 1985 for preempting the land described in the schedule to the plaint on the allegations, inter alia, that one Abdul Gafur was the owner of the land of the case jute who sold some land to one Akram Uddin on..Category: Property Law | Date: | Hits: 30
Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)
.... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ......Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-Record-For appellants. Not represented-the Respondent. Criminal Appeal No. 31 of 2000. (From the judgment and order dated 4.5.1999 passed by the High Court Division in Criminal Appeal No. 1933 of 1993) ......fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ......the sentencing the appellants to suffer rigorous imprisonment for five years under section 326 of the Penal Code and to pay a fine of Tk. 1,000/- each in default to suffer rigorous imprisonment for one month more. 2. The short fact leading to this petition is that on 6.5.1992 at about 12.0..Category: Criminal Law | Date: | Hits: 78
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....d that at the order of the Vice-Chancellor, the Registrar in addition to intimation by post under certificate of posting shall notify in two daily newspapers one in English and one in Bengali published from Dhaka certain particulars which are the date of publication of preliminary voters li......represented-Respondents. (In Civil Petition No. 9 of 2001). Civil Appeal No. 54 of 2001. With Civil Petition for Leave to Appeal No.9 of 2001. (From the judgment and order dated 12.7.2000 passed by the High Court Division in Writ Petition No. 2314 of 1999) J......Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ...... Md. Giasuddin Ahmed Chowdhury @ Gias Kamal Chowdhury and others.......... ..Respondents (In Civil Appeal No. 54 of 2001) Mr. Syed Ahmed and others…………... Petitioners Vs. Mr. Giasuddin Ahmed Chowdhury @ Gias Kamal Chowdhury and others.............Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....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. ......al, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- Respondents No. 1. Not Represented-Respondents No. 2. Criminal Appeal No.13 of 2001. (From the judgment and order dated 12th December, 2000 passed by the High Court Division in Criminal Miscellaneous Case No.......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. ......t: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Fazlul Karim J Arun Karmakar...........................Appellant Vs. The State represented by the Deputy Commissioner, Satkhira and another ……………....Respondents Judgment February 3, 2002. Result..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......The State 46 DLR (HC) page 630; Lawyers Involved: Md. Nowab Ali, Advocate-in-Record-For the appellant. Ex-parte-the respondent. Criminal Appeal No. 21 of 2001. (From the judgment and order dated 15.07.1999 passed by the High Court Division in Criminal Misc, Case No. 5980 of 1998). ......merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......l Tribunal Judge, Court No. 1, Dhaka no 30.03.1995 and sentenced him to suffer rigorous imprisonment for 7 years and to pay a fine of TK. 5000/- only, in default to suffer rigorous imprisonment for one year more in absentia and directed that the sentence will take effect from the date of arrest of..Category: Criminal Law | Date: | Hits: 47
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......or Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-Respondent Nos. 2 to 27. Not represented-Respondent No. 1. Civil Appeal No. 29 of 1999 (From the judgment and order dated 25th March, 1998 passed by the High Court Division in First Appeal No. 206 of 1995). ......rder as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ...... registered as Miscellaneous Case No.522 of 1993 of the First Court of Subordinate Judge, Chittagong. That Miscellaneous Case was dismissed on contest on 30.4.1995. Thereafter the plaintiff-petitioners preferred First Appeal No. 206 of 1995 before the High Court Division and a Division Bench by..Category: Property Law | Date: | Hits: 31
Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)
....991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......f 1995). Judgment Md. Ruhul Amin J. - This appeal, by leave, is against the judgment and order dated August 8. 1995 of a Division Bench of the High Court Division in Criminal Miscellaneou......n G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......tia, passed in G.R. Case No. 269 of 1990 convicting the appellants under Section 379 of the penal code and sentencing them to suffer rigorous imprisonment for 1 year and to pay fine of Tk. 1,000/- (one thousand) each, in default, to suffer rigorous. 2. Prosecution case was that informant,..Category: Criminal Law | Date: | Hits: 34
Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)
....eal is allowed on modification of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ......ment Md. Ruhul Amin J.- The appeal, by leave, is by the convict against the judgment and order dated July 21, 1994 of a Single Bench of the High Court Division in Criminal Revision No. 151......ce to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ......Dinajpur passed in case No. 366 (c) of 1990 convicting the appellant under section 6 (5) (b) of the Muslim Family Laws Ordinance, 1961 and sentencing him to suffer simple imprisonment for one year and also to a fine of Tk. 5,000/- in default to suffer 3 months simple imprisonment more. ..Category: Criminal Law | Date: | Hits: 35
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......cord-For the Appellant. Ataur Rahman Khan, Advocate-on-Record-For Respondent No. 1. Ex-parte- Respondent No. 2. Criminal Appeal No. 40 of 2001. (From the judgment and order dated 22.6.1999 passed by the High Court Division in Criminal Miscellaneous Case No. 3325 of ...... of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......953, Hal Khatian No. 2393/3 of Mouza Shahar Dhaka. The respondent No. 1 assured that he would hand over vacant possession of the land and execute a sale deed on receiving balance of consideration money but he failed to do so. Ultimately the complainant came to know that the accused respondent is..Category: Criminal Law | Date: | Hits: 45
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