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State Vs. Sentu and others, 2004, 33 CLC (AD)
....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......nt: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The State……………….........Petitioner Vs. Sentu and others …..........Respondents Judgement December 8, 2004 Lawyers In......tting the accused respondents taking an incorrect view about the law relating to "common intention” for committing offence of murder under sections 302/34 of the Penal Code without proper appreciation of facts, materials and evidence on record and thus has caused miscarriage of j......o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ..Category: Criminal Law | Date: | Hits: 41
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....of Khetlal UCCA Ltd. A plain reading of Rule 19 (1) (c) of the Co-operative Societies Ain, 2001 reveals that there is a clear bar to participate in the election of Khetlal UCCA Ltd. unless a member completes a tenure of 12 months as a member. In view of that provision and also in view of Section...... Md. Nabiul Islam Chowdhury………………………....Petitioner Vs Joint Registrar, Divisional Co-operative Office, Rajshahi and others......Respondents Judgment August 13, 2005 Lawyers Involved: ...... submissions. On perusal the impugned judgment of the High Court Division, we find that the learned Judges of the High Court Division having discussed and considered the case of the parties in proper perspective and in consideration of the relevant provision of law rightly decided the ......e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..Category: Constitutional Law | Date: | Hits: 162
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ...... ......s. In absence of original deed defendants collected a certificate, that the balam book kept in the Sub-Registrar Office has been burnt; that the plaintiffs have no deed in respect of suit property, if produced would be deemed ineffective and not binding upon the defendants as false deed...... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ..Category: Property Law | Date: | Hits: 32
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......ourt Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dr. Mohammad Sarwar Ramiz and others ......Petitioners (In Civil Petition No. 612 of 2005) Bangladesh represented by t......bove thereby declared the aforesaid Memo No. Par-1/Niyog-02/2004/387/1 (20) dated 16.03.2004 (Annexure-D-1 to the writ petition) to have been made without lawful authority and directed PSC to hold proper examination in making selection and recommendation for appointment to the posts of Assi...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ..Category: Employment/Service Law | Date: | Hits: 86
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ...... Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Belayet Hossain……………….Petitioner Vs. Abul Fayez Md. Abdullah and others…………….Respondents Judgment June 13, 2005...... of 2000. 2. Respondent Nos. 2-4 as plaintiffs filed Title Suit No. 215 of 1996 before the 1st Court of Assistant Judge, Dhaka for declaration of title and recovery of possession of the suit property against respondent No.1 and proforma respondent Nos. 5-6 impleading them as defendant......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ......rt Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fulbaria Adrasha Market Dokandar Malik Samity & anr...... Petitioners (In Civil Petition No. 392 of 2005) Dhaka Mah......rs in petition No. 392 of 2005 and others stating, inter alia, that the plaintiff was a registered co-operative society and the members of the said society had been doing their business in the suit property and in 1981, fire took place in the market and thereafter also members of the s...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......of Bangladesh, 42/1, Ka Segun Bagicha, Dhaka………………………………… Petitioner Vs. Syed Shahidur Rahman and others…………Respondents Judgement April 25, 2005 ......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......at the Hon'ble Court below failed to appreciate that the scheme of the Constitution as to the removal of a judge of the Supreme Court is sui generis in nature, inasmuch that it does not require an adjudication of fats in the nature of a civil or criminal trial, and that the protection from being..Category: Others | Date: | Hits: 97
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ......ry J Serajul Hoque (Md)...........................................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Shipping and others.......Respondents Judgment June 18, 2006. Lawyers Involved: A......er and respondent No.4 shall be counted from the date of their joining in the post and confirmation in service. 13. In the circumstances, we are of the view that the High Court Division upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent rea......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 59
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......ash;Respondent Nos. 3-9. (In CRP No. 78 of 2006) Not represented—Respondents (In CRP No. 84 of 2006) Civil Review Petition Nos. 77-78 & 84 of 2006. (From the judgment and order dated 1 -8-2006 passed by the Appellate Division in Civil Appeal Nos. 62, 63 & 64 of ......y altering Government's earlier decision. The further case is that one Mrs. Madlena D Rozario purchased the land from the CS recorded owners and possessed the same. The Government requisitioned the property by order dated 3-3-1952 in Requisition Case No. 16 of 1959-60 for the purpose of earth cu......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......uhul Amin J Md Tafazzul Islam J Bangladesh Bank……………………………....Petitioner Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, 2006. Cases Referred ...... issued the BRPD Circular Nos. 8 and 12, both dated 26-4-03 with lawful authority being empowered by section 45 of the Bank Company Act, 1991 to secure interest of the depositors and to ensure the proper management of the Banks and by those circulars the Bangladesh Bank has given the guidelines ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....ot been adequate legal assistance to the petitioners and, as such, the case has not been properly conducted in the trial Court. 53. He however, emphasizes that this Court in its jurisdiction to do complete justice may look into the materials which if examined thoroughly would reveal that in fact,......nt: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Md. Fazlul Karim J M M Ruhul Amin J Md. Tafazzul Islam J A Kabir Chowdhury J Md. Joynul Abedin J Iftekhar Hasan (Md) @ Al Mamun and others................Petitioners vs State…………………………………………......oss examining the witnesses and/or even denying the prosecution case in so many words, the learned Advocate found it difficult to answer and of course submitted that the petitioners were not defended properly in the trial Court. 50. He however submits that this Court being the highest Court of th......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....constructions of the above Groups A, B, C and D will be Taka 51,37,007, Taka 53,11,307, Taka 53,06,932 and Taka 51,64,436 respectively, total being Taka 1,83,28,474, and construction works were to be completed by 270 days. Similarly, for construction of an Overhead Tank with underground reservoir ta......rt Appellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Chairman, Mongla Port Authority............. Appellant Vs. Kazi Brothers and others…………………………Respondent Judgment June 22, 2004 Case Referred To-......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Result: The petitions are...... for appeal in the Artha Rin Adalat Act, 1990 no application under Article 102 lies against the judgment and order of the said Adalat. It has been thus settled long back that the writ petition is not proper course for challenging the judgment of Artha Rin in view of provision for filing appeal being......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others…………………………….....Respondents Judgment March 5, 1990. Result......n gave the fatal blow at the place of occurrence surrounding the victim while he was fleeing to escape. To decide the time of occurrence on the basis of semi-digested food found at the abdomen is not proper as it may differ from man to man. About passing of order by the two accuseds, the witnesses a......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ...... is also Reported in: 42 DLR (AD) (1990) 189. ......the pre-emptor or is the right merely one of re-purchase, which a neighbour or co-sharer enjoys under Mohammedan Law, and which he can enforce personally against the vendee in whom the title to the properly has already vested by sale, opinions varied in different High Courts of the then India. T......vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..Category: Property Law | Date: | Hits: 47
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......lant Atiur Rahman Munshi………………………….................Appellant Nurul Islam Sarkar....………………………….................Appellant Vs. Election Commission and others....…………………………….Respondents (In all the appeals) Judgment Nove......, learned Counsel has referred to our decision on an election matter in the case reported in 41 DLR (AD) 68 and argued that the writ petitions in question are themselves not maintainable. 6. For proper appreciation of the question involved, it is necessary to reproduce the relevant rules. ......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180...Category: Election Law | Date: | Hits: 163
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......de (XLV of 1860) Section 302 The appellant may have felt insulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calculated intention to commit murder and with that end in view accosted the informant and his t......300 of the Penal Code. In other words, the argument was that the appellant, if at all, was liable for culpable homicide not amounting to murder. The learned Judges of the High Court Division upon a proper consideration of the facts and law, however, rejected the said contention and held that the......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 65
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......nnot control the President’s Order No. 21 of 1973 in as much as President’s Order has achieved the status of constitutional legislation whereas section 60 of the Income Tax Act is a statutory law and as such no notification under such law can control the sub-constitutional legislation. In that v......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......n 60 of the Income Tax Act, 1922 and this notification purports to lay down a guide-line in the matter of computation of total income. A court will not decide a point which does not strictly call for adjudication in the facts and circumstances of the case. Hence, it will not be necessary to test the..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......ment January 2, 1990. Result: The appeal is allowed. The Code of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing......f 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing proper judgement may be necessary but having all the materials on record not deciding the appeal on ......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......of the High Court Division is modifie. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 5 Out of the decretal amount Tk. One lac is to be paid to the respondent within two months and the respondent shall furnish security to refund of the amount whenever required and in such mann......e appellant, contends that though the stay of execution of the decree appealed against pending disposal of the appeal is a matter of discretion of the court this discretion should be exercised on proper consideration of facts including balance of convenience and avoidance of multiplicity of li......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ..Category: Civil Law | Date: | Hits: 117
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