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Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....85 were instituted on 27-9-83 and 18.4.85 respectively. Both the suits were decreed by the learned Munsif by separate judgments on 30.8.86, but the learned District Judge also in separate judgments dated 26.2.87 allowed the appeals and dismissed the suits. 2. Both the petitioners Md. Shahabuddi......r Chakraborty, the learned advocate for the petitioners in both the cases that the learned District Judge has in non-suiting the plaintiffs committed errors of law which have resulted in error in his decision occasioning failure of Justice. He submits that the lower appellate court has misconstr..Category: Employment/Service Law | Date: | Hits: 76
Angur Vs. State, 1988, 17 CLC (HCD)
....e order of conviction and sentence passed by Mr. Binoy Kumar Bose, Assistant Sessions Judge, 4th Court, Kishoreganj in Sessions Case No. 163/80. The learned Assistant Sessions Judge by his Judgment dated 29.6.85 found appellant Angur guilty of the offence punishable under sections 395/397 of the......don was tendered which is sine qua non for prosecuting an approver. In that view of the matter we are of the view that section 537 has no manner of application in this case. 23. In this connection decisions in the cases of Bipin Behari Vs. State of West Bengal, AIR 1959 (S.C.) 13, Ali Vs. Emperor..Category: Criminal Law | Date: | Hits: 42
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....wrote a report stating that he could not count the ballots at the Centre and he was forced to sign the result sheet upon threat and intimidation. The Returning Officer of the Upazila by his Memo, dated 13-2-88 addressed to (nil) stated that the elections in (1) Ali Nagar Union Parishad (2) Bea......dent No. 1 showing that he (respondent No. 1) issued direction to District Election Officers to refrain from taking steps in cases where conflicting reports by the Presiding Officers were made till decision is given by the respondent No. 1. 4. Respondents No. 5, 6 and 7 have appeared and showed..Category: Election Law | Date: | Hits: 119
....truded by Habibur Rahman Miah, Advocate-on-Record-For the Petitioners.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 1800 of 2009.
(From the judgment and order dated the 25th day of May, 2009 passed by the High Court Division in Civil Revision No. 5274 of 2002......of any shashan and temple occasioning failure of justice.
4. Mr. A.B. Roy Chowdhury, learned Advocate, appearing for the petitioners submitted that the Court of Appeal stated in his findings and decision that "বিবাদী সরকার পক্ষ হইতে নালিশী ভ..
Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n No. 25 of 1997. Judgment Md. Awlad Ali J. - This reference under section 160 of the Income Tax Ordinance, 1984 at the instance of the Commissioner of Taxes Zone-7 Dhaka arises out of an order dated 9-9-96 passed by the Taxes Appellate Tribunal, Single Bench, Dhaka in ITA No. 2534/95-96, for ......did not comply with the provisions of section 153(3)(a) of the IT Ordinance, 1984?” 4. It is contend on behalf of the Revenue that the Taxes Appellate Tribunal was not justified in reversing the decision of the Appellate Additional Commissioner of Taxes in view of the fact that the substituted ..Category: Fiscal/Taxation Law | Date: | Hits: 55
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
....lants. AQ Rashid Ahmed, Assistant Attorney-General — For the State. Criminal Appeal No. 2427 of 1999. Judgment Gour Gopal Saha J. - These two appeals arise out of the judgment and order dated 15-9-1999 passed by the Assistant Sessions Judge, Magura in Sessions Case No. 16 of 1999 convi......for determination: The only point for determination in the appeal is whether the learned Assistant Sessions Judge was justified in convicting and sentencing the accused appellants. Findings and decision: To appreciate the contentions of the learned Advocates of the contending parties and to..Category: Criminal Law | Date: | Hits: 28
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
.... Habibul Islam Bhuiyan, Senior Advocate with Aminul Islam, Advocate—For the Respondent No.1. First Appeal No. 73 of 1992. Judgment ABM Khairul Haque J. - This appeal arises on the judgment dated 27-2-1992 and decrees 1-3-1992 passed by the Judge, Artha Rin Court Kishoregonj, in Artha Rin ......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458...Category: Civil Law | Date: | Hits: 79
Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)
.... is found necessary and expedient in the facts of the case. The learned trial Court is directed to dispose of CR Case No. 133 of 1999 as expeditiously as possible, preferably within 3 months from the date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once fo......he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457...Category: Procedural Law | Date: | Hits: 61
..... 53, 558, 557 and RS plot Nos. 1810, 1811 were recorded in the name of Dilu Bepary and thereafter, the heirs of Dilu Bepary made partition of the land amongst themselves by registered partition deed dated 20-5-1948 under Serial No. 3325 which was recorded in Book No. 1, Volume 38 pages 9-12 of the ......dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448...
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
....he name of his firm, Al Aksha Aviation Service Ltd. used to purchase different tickets of different airlines as a part of his travel business and he has defaulted in paying Taka 4,14,130 on different dates which was due to the complainant. The accused avoided payment on different pleas and pretexts ......Instruments Act, 1881 the court below is not competent to take cognisance under the provision of general criminal law i.e. the Penal Code. This point has been earlier decided by this Court in various decisions. We may refer to a case of Nurul Islam Vs. State and another reported in 49 DLR 464. The s..Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....arties. Civil Revision No. 110 of 1994. Judgment MA Wahhab Miah J. - This Rule was obtained by the heirs of deceased defendant Nos. 7, 8 and other defendants against the Judgment and decree dated 31st October, 1993, passed by the District Judge, Lakshimpur in Title Appeal No. 44 of 1989 re......tly, submits that the appellate Court passed the impugned Judgment and decree without the consideration of these legal aspects of the case and thus committed error of law resulting in an error in the decision occasioning failure of Justice and, as such, the same calls for interference by this court...Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....inant filed a petition of complaint before the Senior Special Judge, Cox’s Bazar alleging, inter alia, that on 29-12-91 he went to the Court of Thana Magistrate, Chokoria for inquiry about the next date and position of GR Case No. 25 of 1991 and Chokoria PS Case No. 14(9) of 1991 instituted by his......this violation of law also renders the framing of charge against the accused petitioners illegal for which the proceeding in question should be quashed. In support of his contention, he has cited two decisions in the case of Dalpat Singh and another Vs. State of Rajasthan reported in 1969 Criminal L..Category: Criminal Law | Date: | Hits: 62
.... Advocates — For the Respondent No. 4.
Writ Petition No. 1677 of 1995
Judgment
SAN Mominur Rahman J.- Rule Nisi was issued calling upon the respondents to show cause the judgment and order dated 26-7-1994 and 28-6-95 and the order of the cancellation of registration of the petitioner’s ......ion of “industry”, “worker” and “workman” as defined in the Ordinance do not attract the respondent No.4 or its employees. The appellate tribunal in disposing of the appeal considered the decisions in the cases reported in AIR 1975 (SC) 2023 and AIR 1970 (SC) 1407 and the judgment dated ..
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....is Sarwar Garments Ltd., a company incorporated under the Companies Act. In Writ Petition No. 2718 of 2001 the petitioner has impugned an order vide Memo No. 5(13)29/Bond-Commi/Investigation/2001/840 dated 21-5-2001 issued by the respondent No. 2, i.e. the Commissioner, Customs Bond Commissionerate,......ioner. Mr. Aminuddin submitted that for the purposes of cancellation of bonded warehouse licence, in due course, an inquiry has to be held by the Commissioner of Customs so as to enable him to take a decision as to whether the licensee has contravened any of the provisions of the Customs Act or the ..Category: Fiscal/Taxation Law | Date: | Hits: 63
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....te—For the Opposite Parties. Civil Revision No. 5361 of 1991 with Civil Revision No. 5361 of 1991. Judgment Gour Gopal Saha J.- These two Rules are directed against the judgment and decree dated 28-9-1983 (decrees signed on 1-11-1986) passed in Other Appeal Nos. 2 of 1986 and 3 of 1986, h......86 and 3 of 86. It may be mentioned here in this connection that the present petitioners did not prefer any appeal against the dismissal of their Other Suit No. 87 of 1979, as the result of which the decision of Miscellaneous Case No. 159 of 1972 by the SDO (North), Chittagong remains binding upon t..Category: Civil Law | Date: | Hits: 69
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ode, the detenu was granted anticipatory bail by this court. So, according to him, there was no reason to detain the detenu by giving reference of those cases. 5. Lastly, as regards the occurrence dated 2-12-2001 he has argued that the detenu has been implicated only for a political purpose becau......zur Rahman Vs. Bangladesh reported in 44 DLR 317. There was a split judgment in this case and then it was referred to the third Judge and the third Judge Anwarul Hoque Chowdhury, J concurred with the decision of Kazi Shafiuddin, J. By the majority decision, the Rule was discharged. The relevant obse..Category: Criminal Law | Date: | Hits: 60
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....o show cause as to why impounding of the petitioner’s passport, (bearing No. Q0506331) issued on 5th August 2001 in Dhaka by the Government of Bangladesh, pursuant to Memo. No. Cord-1/110/2001/7978 dated 23-10-2001 issued by the respondent No. 3 and Memo No. Probbyal/2001 (Bahhi-1) 1254 dated 23-1...... inquiry. So, it is clear that the passport of the present petitioner was impounded to facilitate inquiry against the petitioner by the Bureau of Anti-Corruption. 6. This Court, in several earlier decisions decided the question as to on what grounds passport of a citizen can be impounded or can b..Category: Others | Date: | Hits: 102
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....Advocate—For the Petitioner. Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil Revision No. 818 of 1986. Judgment Md. Awlad Ali J. - This Rule arises out of judgment and order dated, 15-7-86 passed by the Additional District Judge Noakhali in Miscellaneous Appeal No. 153/84 r...... case may be, and filed in court, or until the client or the pleader dies, or until all proceedings in the suit are ended so far as regards the client. 7. Mr. Mahmud Hossain has also referred to a decision in the case of MA Wahab and another Vs. Abul Kalam and another reported in 44 DLR (AD) 13 w..Category: Procedural Law | Date: | Hits: 62
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
.... Original Order No. 321 of 2000 with Civil Rule No. 483 (fm) of 2000. Judgment Md. Tafazzul Islam J. - The appellant preferred this First Miscellaneous Appeal challenging the judgment and order dated 6-6-2000 passed by the learned Additional District Judge, First Kishoregonj, in Title Suit No.......is the continuation of the said proceeding of injunction and so this court while deciding this appeal will not take into consideration the registration granted on 17-10-2000. Mr. Ahmed relying on the decision reported in 48 DLR 228, 50 DLR 548, 1987 BLD (AD)130, PLD 1973 Karachi 289, PLD 1983 Karach..Category: Intellectual Property Law | Date: | Hits: 200
Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)
....tioner who is the father of the detenu has stated in the application that the detenu was arrested on 6-2-2002 by the local police in connection with Kamrangirchar Police Station General Diary No. 231 dated 6-2-2002 under section 54 of the Criminal Procedure Code and thereafter the order of detention......said to be illegal in view of the facts and circumstances of the present case and in the backdrop of law and order situation prevailing in the country and in coming to this finding we relied upon the decision reported in 45 DLR (AD) 89. 8. The learned Counsel for the petitioner contends that the ..Category: Criminal Law | Date: | Hits: 22
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