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Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....irst Information Report with Habigonj Police Station on 28-1-2005 stating, inter alia, that on 27-1-2005 he along with other leaders of Awami League attended a meeting in the field of Boiddar Bazar Government Primary School which was attended by Mr Shah ASM Kibria MP and a former Minister as Chi......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....6 DLR (AD) 19; Sharfat Ali vs Union of India AIR 1974 SC 1631; CB Boarding and Lodging vs Mysore AIR 1970 SC 2042; Kashabananda Bharati vs State of Kerala AIR 1973 SC 1461; Anwar Hossain Chowdhury vs Government of Bangladesh and ors 41 DLR (AD) 165; Madras vs Chamapakan Dorairagan AIR 1951 SC 226; U...... temporary Articles of the Constitution itself, (iv) Insertion of the residual period of this Parliament in the Fourth Schedule is, therefore, inappropriate, since its proper place is within the main body of the Constitution itself; (v) that the impugned paragraph 23(2) in the 4th Schedule has by op..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ...... the charge brought against him and so the High Court Division correctly found him guilty and dismissed his appeal. 11. PW 9 Abdur Rahim in his evidence disclosed that while he saw the dead body and was returning from the scene was met in the way by co-accused Wahed Sheikh, Majid Sheikh a..Category: Criminal Law | Date: | Hits: 36
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....hich, however, after investigation ended in final report. That Chatak Police Station Case No. 11 dated 26-3-1999 was sent to Special Tribunal, Sunamganj for trial and while the case was preceding the Government by notification under section 6 of Druto Bichar Tribunal Ain, 2000 transferred the case t......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......d assured the plaintiff that he would register the deed within a week but two days after the execution of the deed Abdur Rashid again became ill having had attack of heart and the right side of his body became paralysed and after prolonged suffering Abdur Rashid died on June 8, 1995, that after ..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....s Referred To- Mosharraf Hossain Chowdhury vs General Manager, Titas Gas Transmission and Distribution Co Ltd and another 1981 BLD (AD) 61 = 33 DLR (AD) 186; Bangladesh Biman Corporation vs Government of Bangladesh and others, 2000 BLD (AD) 230 = 5 BLC (AD) 169. Lawyers Involved: ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....l No. 55 of 2006 Mr. M A Jalil MP moved the High Court Division for almost, similar reliefs adding thereto some other prayers challenging appointment of Upazilla Election Officers appointed by the Government through Public Service Commission, etc. 34. The aforesaid writ petitions were ta......ct so done in disregard of the law and the Rules, rather when challenge is made to the act done in disregard of the law and the Rules then the authority which is competent to put the person or the body acting in violation of law and the Rules on the right track is quite competent to make directi..Category: Election Law | Date: | Hits: 159
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... KM Hasan CJ Md Fazlul Karim J Md Tafazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment......mical Industries Corporation, the defendant No.3. The Government took a policy decision for disinvestment of some of the nationalised industrial concerns and abandoned properties and a high-powered body was constituted by the name "Disinvestment Working Group" under the Ministry of Ind..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....l) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J M.H. Rahman J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the SecreÂtary, Ministry of Law a......sdiction cannot be brought because the laws are not in pari materia. High Court Division is an integral part of the Supreme Court. It has got plenary power. Since the Parliament being a legislaÂtive body is devoid of the Constituent powers to amend the provisions of the Constitution in derogaÂtion..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......lu and two others who ran away after scaling the wall. He stated that his father told him that accused Dablu had dealt a dagger blow on the person of his mother. He found two injuries on his mother's body and two injuries on the chest of his father. P.W.2 stated that Dablu was an employee in the Ice..Category: Criminal Law | Date: | Hits: 159
Abul Kashem and othÂers Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152...... sendao killing her on the spot. Abul Kalam fled away to save himself. While fleeing away he raised alarm which attracted some neighbours with whom he reÂturned after half an hour and found the dead body of his mother lying in the garden on the north-western corner of his hut but he did not find Sh..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147...... was still alive was being carried to his house but died on the way. At about 5 P.M., the Officer-in-Charge of Itna P.S. having got information of murder came to the house of P.W.1 and found the dead body of Bazlur Rahman in his court-yard. He reÂcorded an Ejahar on the statement of P.W.I, held inÂ..Category: Criminal Law | Date: | Hits: 49
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....years by monthly instalments. Then the Corporation by letter dated 26.2.81 informed the respondents that the rate of interest had been enÂhanced from 5% to 7-1/2% per annum as per direcÂtion of the Government of Bangladesh vide its order dated 20.1.81 (Gazette Notification dated 29.1.1981). 4. ......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of BanÂgladesh, 1989, 18 CLC (AD)
....again went under water in 1362-63 B.S. only to reappear again in 1374 B.S. since when the plaintiff claims to be in possession. The Suit land was, however, recorded in S.A. Khatian in the name of the Government and rent was not accepted from the plaintiff whereupon the suit was filed. 3. The gove......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....the case of all the AssistÂant Engineers of D.I.T. who were eligible for proÂmotion under the said Rules along with that of the appellant was placed before a selection board duly constituted by the Government for consideration and selection for promotion lo the post of Executive EnÂgineer. The se......is difficult to accept this propoÂsition. There is no requirement that all the members must be present for the validity of the selection board. Furthermore when 2/3rd of the members of any corporate body remain present it becomes comÂpetent to transact its business under usual provisions and pract..Category: Employment/Service Law | Date: | Hits: 89
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....€¦â€¦â€¦ReÂspondents (In Civil Appeal No. 1 of 1989). And Monirul Huq and others.............................. Respondents(In C.P. No. 310 of 1988) Judgment Februarys, 1989. The Local Government (Upazila Parishad and Upazila Administration Reorganisation) Ordinance, 1982 (59 of 1982)......he Union Parishad and by virtue of their office being the holder of such office as ChairÂman of the Union Parishad they are ex-officio repreÂsentative members of the parishads. It cannot include anybody else. To say holder of the office is one thing and performing function is something differÂent..Category: Election Law | Date: | Hits: 128
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
....al court after rejecting the prayer for time held the trial in absentia. It is submitted that the Court erred in not allowing withdrawal of the case against the appellant, a freedom fighter, when the Government directed that the case against the accused Contractor Firozur Rahman and the appellant be......cer, Sirajganj. When the C.D.R. was presented to the Agrani Bank, Sirajganj for encashment it was detectÂed that the C.D.R. was actually issued for Taka 3,000/- only against cash receipt, but on the body of the C.D.R. the sum of Taka 3,000/- was altered to Taka 30.000/- both in figures and words,, ..Category: Criminal Law | Date: | Hits: 53
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....dpur. Jadhulal Banikya, son of Jugal Chand, purchased the land as benamdar of the plaintiff by a registered kabala dated 12 August 1947 and went into possession. The land was under requisition by the Government from 1949 to 1976; part of the requisitioned land was de-requisitioned in 1971 and its po......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....e Sub-Divisional Officer (defendant No. 4.), Additional Deputy Commissioner and Assistant Custodian of Vested Property (defendant No. 3), Deputy Custodian of Vested Property (defendant No. 2) and the Government of Bangladesh (defendant No. 1) seeking declaration of their title to the Suitland. 4.......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......elivered by Sir Barnes PeaÂcock. This case arose from a suit filed in the Court of District Judge, Midnapor, by the plaintiff-respondent Ram Chand Dutta against his co-sharer Robert Watson & Co.—a body of indigo-planters praying for joint possession of the ejmali land or inÂjunction. Plaintiffs ..Category: Others | Date: | Hits: 106
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