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Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ndent No.1 (State). Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 2. Criminal Appeal No.18 of 1982. (From the judgment and order dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Judgment S......ourt the appellant was entrusted with the property and repudiation of this trust constitutes "criminal breach of trust". In support of this contention the learned Advocate has referred to a number of decisions of different High Courts of the Subcontinent including a decision of the Calcutta High Cou..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....l Abedin, Advocate, instructed by S. M. Huq, Advocate-on-Record-For the Added Respondent No. 4. Ex-parte—Respondents Nos.2 and 3. Civil Appeal No. 56 of 1977. (From the Judgment and Order dated the 11th January, 1977 passed by the High Court of Bangladesh in Writ Petition No.10 of 1977.)......0. In the next category of cases, where the trial is before the High Court, the Advocate General representing the Government enjoys a plenary power of withdrawal of a case. He is just to inform the decision of the Government, if he thinks fit, that he will not further proceed against this accused,..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....rd - For the Appellant. Faqueer Shahabuddin Ahmed, Sr. Advocate, instructed by Abu Backkar, Advocate-on-Record - For the Respondent. Civil Appeal No. 81 of 1982. From the judgment and order dated April 2, 1982 passed by the High Court Division in Reference Case No.1 of 1981. Judgment ......ion in Reference Case No.1 of 1981. Judgment Fazle Munim CJ.- I have gone through the judgments written by Ruhul Islam, Badrul Haider Chowdury and Shahabuddin Ahmed, JJ and I concurred with the decision of Badrul Haider Chowdbury, J. 2. Ruhul Islam J.- I have gone through a copy of the judg..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ppellant. B.C. Panday, Advocate-on-Record, Supreme Court (absent) - For the Respondent No.1. Ex-parte - Respondent Nos. 2 and 3. Civil Appeal No. 50 of 1982. (From the Judgment and order dated October 27, 1981 passed by the High Court Division in F.M.A. No. 471 of 1976) Judgment S...... the application for pre-emption. Both the trial Court, and the High Court Division in revision, have answered the question in the affirmative after taking into consideration two lines of conflicting decisions on this point. 2. Facts of the case, so far necessary for determination of this questio..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....িচালক (টাষ্ক ফোর্স-৩) দুর্নীতি দমন কমিশন। The above reproduced purported order was based on a First Information Report (FIR), dated 27th March 2002, invoking sections 409, 418, 201, 217, 218, 109 of the Penal Code, and Section......blic of Bangladesh. Judgment A.H.M. Shamsuddin Choudhury J. - By engaging Article 102 of the Constitution of the People’s Republic of Bangladesh, the Petitioner before us impugned a purported decision arrived at by the respondent nos. 2 and 3, which stands figured in Annexure-A to the Writ P..Category: Criminal Law | Date: | Hits: 133
....kar, Advocate-on-Record-For the Respondent Nos. 1-3 (In Civil Appeal No. 37 of 1976).
Ex-parte-For the Respondent Nos. 4-8.
Civil Appeal Nos. 36 and 37 of 1976.
(From the Judgment and Order dated May 6, 1976 passed by the High Court Division in petition No.134 of 1976 in both cases)
Jud......volvement can be sorted out either mutually or by way of civil proceeding but that would not stand in the way of issuing the writ as has been prayed for".
10. Leave to appeal against the aforesaid decision was granted by this court on 2nd September, 1976 to consider the following:
1. Whether t..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....r Ghosal, (1897) ILR 24 Cal. 720; Seoti Bibi Vs. Jagonnath Prasad, (1920) IC 593; Benoy Krishna Das Vs. Salsiccioni, (1932) 37 CWN PC 1. Civil Appeal No. 55 of 1982. From the Judgment and Order dated 9.3.82 passed by the High Court Division in Civil Revision No. 46 of 1981. Lawyers Involved......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....structed by Syed Sakhawat Ali, Advocate-on-Record - For the respondent No. 1. Not represented - Respondent Nos. 2 and 3(a) to 3(d). Civil Appeal No. 136 of 1982. From the Judgment and Decree dated April 6, 1982 passed by the High Court Division in Second Appeal No. 177 of 1978. Judgment......is Court in the case of Binode Behari Shaha Vs. Nitya Gopal Shaha, (1981) 33 DLR (AD) 130. It has been contended before us by Khondker Mahbubuddin Ahmed, Counsel for the defendant-appellant, that the decision of the learned Single Judge as to the mandatory nature of the provisions of section 17 (1..Category: Procedural Law | Date: | Hits: 109
.... Shahidul Huq, Advocate-on-Record-For the Petitioner
Ahsanullah Patwary, Advocate-on-Record-For Respondents.
Civil Petition for Leave to Appeal No.1262 of 2003.
(From the judgment and order dated 4th Marcy 2003 passed by the High Court Division in Writ Petition No.3972 of 1998).
Judgme......ক কাজ কমে যাবে মর্মে যে অভিযোগ করেছেন তা অনেকাংশে সত্য”
3. That the petitioner being aggrieved by the said decision proposal of the Thana Nirbahi Officer made an appeal on 26.8.1998 to the Deputy Commissione..
Category: Election Law | Date: | Hits: 190
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....te, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos.2-6. Civil Petition for Leave to Appeal No.1205 of 2003. (From the judgment and order dated 27th July, 2003 passed by the High Court Division in F.M.A. No.234 of 2003). Judgment ......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 208
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....Muhummad Jamiruddin Sircar with Md. Asaduzzaman and Mir Hashmat Ali, Advocates - For Opposite Party. Civil Revision No.20 of 1988. Judgment MA Aziz J.- This Rule is directed against an order dated 30-6-87 passed by the SCC Judge (Assistant Judge), Sadar Dinajpur in SCC Suit No.9 of 1986 for......be. This necessarily implies that in case the tenant sets up a claim of title in himself he shall firstly surrender possession to the person from whom he had taken it.” To the same effect is the decision of the Privy Council in B Kunwar Vs. Ranjit Singh AIR 1915 (PC) 96; 42 I.A. 202. 11. Mr...Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....udul Islam, Advocate, instructed by Syed Sakhawat Ali, Advocated-on-Record - For the Respondent No.1. Respondents 2-11 - Ex-parte. Civil Appeal No. 103 of 1978. (From the Judgment and Order dated 28.4.77 passed by the High Court in Civil Revision Case No.29 of 1972) Judgment Kemaludd......d on 3 1.63. The application for setting aside the sale in question was resisted by the appellant decree-holder. The learned Munsif allowed the application and set aside the auction sale. Against the decision of the Munsif, the decree-holder appellant preferred Miscellaneous Appeal No.40 of 1970. Th..Category: Property Law | Date: | Hits: 60
Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)
....d - For the Appellants. B.B. Roy Chowdhury, Advocate, instructed by A. Rab-II, Advocate-on-Record – For the Respondents 1 & 2. Civil Appeal No.17 of 1979. (From the Judgment and Order dated 13-12-78 passed by the High Court Division in Civil Revision Case No.167 of 1978). Judgment......porary injunction. The defendants and the plaintiffs both claim title to the land by purchase and their rival purchase is in dispute. It being a suit for permanent injunction the basic question for decision is the possession of the plaintiffs and whether the plaintiffs could get temporary injunc..Category: Property Law | Date: | Hits: 78
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....on-Record - For the Appellant. Hazrat Ali Sikder, instructed by Md. Aftab Hossain Advocate-on-Record - For the Respondents No.1-5. Civil Appeal No.149 of 1978. (From the judgment and Decree dated 30.5.78 passed by the High Court Division in S.A. No.346 of 1975). Judgment KM Subhan J.......d Single Judge held that the sale during the subsistence of the order of attachment was not wholly void, but void against the person in whose favour the attachment is made and it was subject to the decision of the suit in which the order of attachment was passed. 7. At the time of granting leav..Category: Property Law | Date: | Hits: 79
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ction 55 of Value Added Tax Act 1991 Annexure Nos. B1, C1, C2, C3 and C4 in the writ petition and Annexure Nos. I, J and K of the supplementary affidavit and their subsequent demand by their letter dated 23 April, 2007 (Annexure-E1) of an open ended unconditional and continuous bank guarantee and ...... which is against equity since the said company has not come with clean hands and on that score also this writ petition should be discharged out right. 14. Regard had been taken of an unreported decision in Writ Petition No.4681 of 2010 MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and V..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
.... 2005 Judgment Mamnoon Rahman J.- In an application under Article 102 of the Constitution of the People's Republic of Bangladesh, the petitioner has challenged the impugned judgment and order dated 30-11-2004 passed by the Chairman First Labour Court, Chittagong in Complaint Case No.66 of 20......tioner, but the Labour Court by some Hypothetical assumption rejected the contention of the petitioner and allowed the complaint case. The learned Advocate in support of his contention referred the decisions reported in 57 DLR 741, 28 DLR 473, 54 DLR (AD) 36 and 12 MLR 401. 5. Mr. Mahbubul Huq,..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....f Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 20-11-2002 passed by the Additional District Judge, 1st Court, Noakhali in Title Appeal No. 15......and pointed out that the Appellate Court has not reversed this specific findings of the trial Court which is the main crux of the case and, thereby has committed error of law which is an error in the decision occasioning failure of justice. The learned Advocate then drew my attention to the schedule..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
.... Md. Delwar Hossain J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the judgment and order dated 26-10-2005 passed by the learned Additional Metropolitan Sessions Judge, Court No. 5, Chittago......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..Category: Criminal Law | Date: | Hits: 122
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....lant. Sultan Hossain Khan, Deputy Attorney General, instructed by S.S. Huda, Advocate-on- Record-For the Respondent. Criminal Appeal No.3 of 1977. (In appeal from the judgment and order dated the 24th September, 1974 passed by the High Court Division in Criminal Revision No.1641 of 197......gh in the present case there is no question of retrospectivity of any Act, still we think that certain observation made in that case by their Lordships of the Privy Council will render support to our decision. The facts of that case were that the appellants had disputed the rights of the Collector..Category: Criminal Law | Date: | Hits: 76
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....ucted by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-3—Not represented. Civil Petition for Leave to Appeal No.1350 of 2009. (From the judgment and order dated 18.03.2009 passed by the High Court Division in Civil Revision No.4273 of 1997.) Order N......y Md. Zahangir has argued to the effect that the High Court Division has failed to appreciate, interpret and evaluate the evidence on record properly and consequently arrived at a wrong finding and decision; that the High Court Division ignored the elaborate discussion of evidence and the decision..Category: Property Law | Date: | Hits: 93
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