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Mukit and others Vs. State, 2011, 40 CLC (AD)
.... Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Criminal Appeal No. 519 of 2010. (From the judgment and order dated 26th October, 2008 passed by the High Court Division in Criminal Appeal No. 2213 of 1997.) ......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..Category: Criminal Law | Date: | Hits: 49
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
..... 3, 6-9. Civil Petition for Leave to Appeal No. 1273 of 2003. Judgment Mohammad Fazlul Karim J.- The writ-respondent-petitioners seek leave to appeal against the impugned judgment and order dated 25.8.2003 passed by the High Court Division in Writ Petition No. 1248 of 2003 making the rule ......ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ..Category: Civil Law | Date: | Hits: 116
State Vs. Mukta Khan and another, 2011, 40 CLC (AD)
....Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 507 of 2010. Order ABM Khairul Haque CJ. - This petition for leave to appeal has been filed against an order dated 26.08.2010, passed by the High Court Division in Criminal Miscellaneous Case No.25185 of 2010,...... arrest or harass nor disturb in any manner does not fall within the ambit of Code of Criminal Procedure or any other law for the time being in force. In support of his submissions, he referes to the decision in the case of State Vs. Zakaria Pintu, 62 DLR (AD) 420. 3. A.K.M. Shahidul Haque, the l..Category: Criminal Law | Date: | Hits: 55
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
.... Not represented-the Respondents. Civil Petition for Leave to Appeal No. 885 of 2005. Judgment MM Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 13.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No.5930 of 20......sion held that the both the Courts concurrently found that the transaction by Ext.2 is usufructuary mortgage and the contesting defendants did not file any cross objection or cross appeal against the decision of the Courts below and the concurrent finding of fact based on consideration of the docume..Category: Property Law | Date: | Hits: 60
....
Not Represented-the Respondents.
Civil Petition for Leave to Appeal No. 549 of 2007.
Judgment
Mohammad Fazlul Karim J.- The petition for Leave to Appeal is directed the judgment and order dated 02.04.2007 passed by the High Court Division in Writ Petition No. 1324 of 2004 discharging the...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
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Category: Property Law | Date: | Hits: 71
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
....ng one annual increment. He was informed about the same on 5-11-85. He was re-instated and joined his service. While he was serving on reinstatement all on a sudden he received the order of dismissal dated 22-7-85 passed under Martial Law Order 9 of 1982 signed by the Secretary, Ministry of Communic....... Martial Law was withdrawn even then he is entitled to have the review petition decided by a forum to be created for disposing of the application for review. This view of mine finds support from the decision in the case of Mahtabuddin Ahmed Vs. Secretary to the President, People’s Republic of Ban..Category: Employment/Service Law | Date: | Hits: 78
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....— For the Petitioner. Not Represented — For the Opposite Parties. Criminal Revision No.1533 of 1993. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 28-6-93 passed by the Sessions Judge, Chandpur in Criminal Appeal No.69 of 1992 dismissing the......me through the impugned judgments. In the peculiar circumstances of the case Mr. Elias was allowed to place before me the evidence of the witnesses examined by the prosecution. To assure of a correct decision in the case it is necessary to scrutinise the relevant evidence on record. 7. PW 1 Mst A..Category: Criminal Law | Date: | Hits: 67
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....os.15 and 16 of 1998 arise out of Writ Petition Nos. 2328 and 2329 of 1998 respectively have been heard together and will now be disposed of by this common judgment as the same arise out of the order dated 14-12-97 passed by the President and Member, Customs Excise and VAT Tribunal in CEVT/Case (Kas......tion only to the Appellate Division and the Appellate Division may review the judgment and order and the same is exercisable in two ways. The power of review is exercised in two ways-(1) Changing the decision of a case by reviewing the judgment originally delivered in that case and (2) overruling a ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
.... Petition No. 1611 of 1997. Judgment AM Mahmudur Rahman J. - By this Rule the Respondents were directed to show cause as to why the impugned public notice No. SHA/14/13-Be-Bee- 4-97-55 Sheekhya dated 6-3-97 published in the Daily “Bhorer Kagoj” on 7-3-97, so far as it relates to the petiti......-reply are reiteration of those made in the Writ Petition only with an added statement that the application of the petitioner resting with the authority for long has not been rejected and withholding decision upon petition is bereft of any justification. The petitioner also by filing its supplementa..Category: Others | Date: | Hits: 104
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....ail, Advocate—For the Respondent No. 3. Writ Petition No. 3501 of 1997. Judgment Syed Amirul Islam J. - This Rule was issued calling upon the respondents to show cause as to why the order date 26th November 1996 passed by the respondent No.1, Sessions Judge, Noakhali, in Miscellaneous Ca...... fresh trial in view of the fact that the petitioner was convicted by a Court and has suffered imprisonment for about 9 years for no fault of his own and in support of the contention be relies on the decision reported in 19 DLR 255 and in the course of reply Mr. Khondker Mahbubuddin Ahmed relies on ..Category: Criminal Law | Date: | Hits: 56
....) Act, 1965 against the petitioner for determination of benefits as per law. The case was registered as complaint case No. 221 of 1996. The Labour Court upon hearing the parties by judgment and order dated 7‑1‑1989 allowed the case. The operating portion of the order is as follows:
"that the ......ion. A penalty under section 55 of the Industrial Relations Ordinance, 1969 can be imposed by the Labour Court against any person who wilfully fails to implement any terms of the settlement, award or decision which it is his duty under the Industrial Relations Ordinance to implement shall be punishe..
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....86. Judgment Bijan Kumar Das J.- This appeal is directed against the judgment and decree passed by the learned Subordinate Judge, Chandpur in Title Suit No. 63 of 1985. By the impugned judgment dated 30-6-1986 the learned Subordinate Judge, dismissed the suit. 2. The short fact leading to t......ct and the oral gift is therefore valid to confer title on Marani Paul. 6. Mr. Mokbul Ahmed Chowdhury, the learned Advocate appearing for the plaintiff- respondent, on the other hand, supports the decision of the trial Court and submits that Marani did not acquire any title on the basis of oral g..Category: Property Law | Date: | Hits: 51
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
.... with KS Nabi, Advocates — For the Respondents. Writ Petition No. 123 of 1998. Judgment AM Mahmudur Rahman J. - By this Rule the respondents were directed to show cause as to why the order dated 4-11-97 of the respondent No. 1 the Chittagong Port Authority, hereinafter shall be called the...... about US$ 50.00 and those were brought on the permission given by the respondents on 13-3-97 within the port area. Similarly, others private parties have also their own private in the port area. The decision to allow handling of such equipment for such purpose by the private parties was taken to gi..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....ow cause as to why the order of requisition of their respective land comprising CS plot No.194 of Mouja Aliganj, PS Fatullah, District Narayanganj passed by the respondent No.4 and subsequent notices dated 8-6-79 under the signatures of respondent No.3 in connection with LA Case No.127/61-62 should ......he title holders of the land and since the purpose of requisition is not in existence the respondents are under legal obligation to release the land in favour of the petitioners. He has referred to a decision in the case of Abdur Rouf and another Vs. Government of East Pakistan reported in 22 DLR 19..Category: Criminal Law | Date: | Hits: 37
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....General—For the State. Criminal Appeal No.157 of 1999. Judgment Md. Ali Asgar Khan J. - This appeal under section 30(1) of the Special Powers Act, (Act XIV of 1974) arises out of the order dated 3-2-99 passed by the learned Sessions Judge and Special Tribunal No.1, Rangpur in Special Trib......sions Judge and Special Tribunal disregarding the statements of the witnesses under section 161 of the Cr.P.C. framed charge against the accused appellants which is a mis-conceived one in view of the decision in the case of HM Ershad Vs. State reported in 45 DLR 533 wherein it has been held that con..Category: Criminal Law | Date: | Hits: 47
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
.... represented — the Respondents. Writ Petition No. 86 of 1998. Judgment Md. Awlad Ali J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 2-12-97 in File No. CEVT/Case/ (CRF) Review-Chatta- 07/97 relating to the cancelling of CRF by......ee and fixed a valuation of its own at the rate of US $ 5500.00 per Metric Ton. The petitioner claims that the Tribunal had passed the order without considering the relevant material and arrived at a decision without any basis. The decision and order of the Tribunal which has been annexed as Annexur..Category: Fiscal/Taxation Law | Date: | Hits: 93
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....e Respondents. Writ Petition No. 1316 of 1995. Judgment Md. Awlad Ali J. - This Rule issued under Article 102 of the Constitution arises out of the impugned departmental proceeding and order dated 18-3-95 issued by the President, Taxes Appellate Tribunal, Dhaka suspending the petitioner as ......s, 1985 it may seem that it is with regard to the terms and conditions of the service of the petitioner and a petition could lie before the Administrative Tribunal. But it is evident that no order or decision in respect of the terms of the service of the petitioner has been finally made by the compe..Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....his Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order vide Annexure C (I) issued by the respondent No.2 vide letter No. Shilpa/Shinish/I/FF-6/81 (Part-5) 53 dated 9-3-97 should not be declared to have been made without lawful authority and of no legal effec...... নাই”। 9. Although it was told by one Md. Abdul Aziz, the Controller of Accounts, BCIC that since the loan is under ADP Scheme this falls within the category of short term loan, but no decision for altering the terms of the contract for making the loan as short term instead of long te..Category: Others | Date: | Hits: 95
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....vocate—For the Opposite Parties. Civil Revision No. 2147 of 1992. Judgment Abu Sayeed Ahammed J.- This Rule has been issued at the instance of the pre-emptee against the judgment and order dated 22-7-92 passed by the Subordinate Judge, Cox’s Bazar in Misc. Appeal No. 55 of 1987, allowin......been excluded from the ambit of State Acquisition and Tenancy Act, the land which was settled without number or plot number it can not be exempted from pre-emption. 5. Mr. Azad cites an unreported decision pronounced in CR case No. 943 of 1989 on the same point by a Single Bench finding that the ..Category: Property Law | Date: | Hits: 67
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....— For the Petitioner. Bivash Chandra Biswas with SS Halder, Advocates — For the Opposite Parties. Civil Revision No. 2181 of 1994. Judgment Gour Gopal Saha J. - In this Rule the order dated 27-2-1994 passed by the Subordinate Judge, Bogra in Miscellaneous Case No.106 of 1989, arising......t any legal infirmity in the impugned order that may justify any interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. For coming to a correct decision on the point at issue we may profitably refer to the provision of Order 23 rule 1(2) of the..Category: Property Law | Date: | Hits: 88
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