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Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
..... M. Moazzem Hossain, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 48 of 1983. (From the judgment and order dated 20 January 1983 passed by the High Court Division, Jessore Bench in Criminal Appeal No. 34 of......out six months. The learned Deputy Attorney General has argued that this absconsion sufficiently corroborates the confessional statement. In support of this argument he has referred to a number of decisions. 9. In the case of Gul Hassan and another V. The State, PLD 1969 SC 89, the abscon..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....submit charge-sheet in the case. On 4-9-84 the Director of Drugs (Administration) and Licensing Authority (Drugs), Dhaka, instructed the complainant to open the seal of the pharmacy. By his letter dated 15-9-84 directed the complainant to submit application before the Upazila Magistrate for......t and Opium Act provides a special procedure e.g. a preliminary enquiry before an Abkari Inspector who may summon witness. The Inspector's report is to be treated as a complaint & citing a decision of that Court reported in AIR 1923 Mad. 339, it was held that if a charge-sheet is pat in ..Category: Criminal Law | Date: | Hits: 59
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....ondent No. 1. A.Y.Salehuzzaman, Deputy Attorney General, M.R.Khan, Advocate-on-Record-For the Respondent Nos. 2 and 3. Civil Appeal No. 114 of 1984. (From the Judgment and Order dated 12-11-84 passed by the High Court Division. Dhaka in F.M.A No.173 of 1984.) Judgment ...... and malafide." 8. As to whether plaintiff-appellant was entitled to the grant of temporary injunction pending her suit for the aforesaid declaration, appellant's Counsel relied on the decision of M/s. Hossain Ahmed vs. M/s. H.D. Hossain and Brothers (1980) 32 DLR 223 AD. He referred..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....n Chaklader, Advocate on Record—For the Appellants. B. Hossain, Advocate on Record—For the Respondent. Criminal Appeal No. 22 of 1984. (From the judgment and order dated 30-11-83 p by a Division Bench of the High Court Division, Rangpur, in Criminal Appeal No.176......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....uddin Mahmud, Senior Advocate, instructed by Fakrul Islam, Advocate-on-Record-For Respondent No. 1. Ex-Parte-Respondent Nos. 2-5. Civil Appeal No.127 of 1998. (From the Judgment and order dated 31st August, 1997 passed by the High Court Division in Writ Petition No. 41 of 1993). Judg......s and did not take the core matter of possession. Control and management of the suit property on the date of promulgation of P.O. No. 16 of 1972 into consideration at all. That in overlooking various decisions of this Court on the burden of proof and matters to be proved on abandoned property matter..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....eal Nos. 5, 13 of 1995). Not represented—Respondent Nos. 2-5. (In Civil Appeal Nos. 5, 13 of 1995). Civil Appeal Nos. 3, 5 & 13 of 1995. (From the Judgment and Order dated December 11, 1994 passed by the High Court Division in Writ Petition No.1001 of 1994). ......he respondents are not persons or authority against whom a writ petition 'would lie', that the matter of absence of the members of the Parliament with leave or without leave is the matter for decision by the Speaker and the Parliament Secretariat. 14. The respondents, i.e., Writ resp..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....bibul Islam, Bhuiyan, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-the Respondent (In all Appeals). Civil Appeal No.140-144 of 1983. (From the Judgment and Order dated 8 July 1980 passed by the High Court Division, Dhaka in Reference Application Nos. 12-16 of 1......, Bom (1936) IV ITR 420 did not support the principle justifying maintenance of one method of accounting for appellant's own purpose and submit returns under another method of accounting. What the decision lays down is that an assessee is entitled to change the method of accounting regularly emp..Category: Fiscal/Taxation Law | Date: | Hits: 102
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
.... M. Moazzem Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No.1 of 1984. (From the judgment and order dated 24.5.83 passed by the High Court Divison, Jessore Bench, in Death Reference Case No. 2 of 198......es and found the evidence sufficient to establish guilt of appellant Hazer Mondal. The High Court Division found no reason to disbelieve the said evidence and accordingly affirmed the decision of the trial Court. The chain of circumstances established against appellant Hazer Ali Mon..Category: Criminal Law | Date: | Hits: 52
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
....ocate-on-Record—For the Respondent No.1. Ex-parte—For the Respondent Nos. 2(ka) to 2(Tha) & 3 to 4. Civil Appeal No. 52 of 1983. (From the juggernauts and order dated 13.12.82 passed by the High Court Division in Second Appeal No. 66 of 1978.) Judgment ...... case on remand to the lower appellate Court to consider the question of substitution of the successor Mutwalli. This is the impugned order and leave was granted to consider the correctness of the decision of the High Court Division in remanding the case when according to the appellant substitut..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....t substituted by Ordinance XXVII of 1961 lifted embargo on all transfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospective effect from the date section 9 of the State Acquisition and Tenancy Act came into force on 16.5.51. …&hellip......mending statute the Court cannot give a different interpretation on the ground of equity and justice. By majority decision the Appeal is dismissed. - Per Shahabuddin Ahmed J……………..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....or Advocate (S.C. Das, Advocate with him) instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondents. Civil Appeal No. 41 of 1984. (From the Judgment and Decree dated 4.4.83 passed by the High Court Division, Comilla in S.A No.26 of 1972.) Judgment ......ayer for possession and confirmation thereof was necessary. 7. Against this judgment defendant preferred Second Appeal No.26 of 1972 in, the High Court Division which affirmed the decision of the first appellate Court as regards the fraudulent nature of the partition deed a..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....ul Karim, Senior Advocate instructed by M. S. Zoha Chowdhury, Advocate-on-Record—For the Respondent Nos. 3 and 13. Civil Appeal No. 7 of 1983. (From the judgment and order dated 20.4.1982 passed by the High Court Division in Civil Order No. 852 of 1982.) ......ant and a respondent, one passed by the appellate Court and another to the contrary effect by the Court below which has attained finality consequent on the abatement on the appeal itself. This decision, therefore, is of no help to the appellant in this case. On the other hand, in the case o..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
....Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 415 of 2005 (From the judgment and order dated 12.04.2005 passed by the High Court Division in Criminal Miscellaneous Case No. 2850 of 2004......acts and circumstances of the case and in view of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC..Category: Criminal Law | Date: | Hits: 45
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... Sufia Khatun, Advocate-on-Record-For the Respondent No.1 Not represented- Respondent No. 2 Criminal Petition for Leave to Appeal No.105 of 2005 (From the judgment and order dated 11.01.2005 passed by the High Court Division in Criminal Miscellaneous Case No. 4612 of 2004......;ing and no cognizance of the case was taken by the Court and the High Court Division rightly found the application under Section 561A of the Code of Criminal Procedure premature. The decision of the High Court Division is based on correct appreciation of law and facts calling for n..Category: Criminal Law | Date: | Hits: 45
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....ms Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 527 of 2006 (From the judgment and order dated 04.05.2006 passed by the High Court Division in Death Reference No. 128 of 2003 with Jail Ap......nd circumstances of the case and in view of the discussion made above, we are of the view that High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI AD..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
.... Md. Zahirul Islam, Advocate-on-Record- For the Petitioner. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No. 303 of 2007. (From the judgment and order dated 27.02.2005 passed by the High Court Division in Death Reference No. 10 of 2003 with Criminal......ty Attorney General. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the evidence and materials on record arrived at a correct decision by rejecting the death reference and dismissing the appeals commuting the dea..Category: Criminal Law | Date: | Hits: 51
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....y Md. Zahirul Islam, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 382 of 2006 (From the judgment and order dated 12.02.2006 passed by the High Court Division in Criminal Appeal No. 2393 of 1995.) Ju......cution hopelessly failed to prove the charge under section 302/34. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any i..Category: Criminal Law | Date: | Hits: 38
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1272 of 2007. (From the judgment and order dated 13.03.2007 passed by the High Court Division in Writ Petition No. 3978 of 2003.) Judg......gong handed over the aforesaid land in favour of the petitioner Chittagong City Corporation to be used for the sole purpose of establishing a Shishu Park therein. 4. In view of the above decision, the Public Works Department of the Government and the Chittagong City Corporation, ..Category: Civil Law | Date: | Hits: 113
....M. Shahidul Huq, Advocate-on-Record-For the Respondent Nos. 1 and 2.
Not represented- Respondent Nos. 3-8.
Civil Petition for Leave to Appeal No. 2215 of 2008
(From the judgment and order dated 13th October, 2008 passed by the High Court Division in Civil Revision No. 2145 of 2008)
J......ful route permit; that the defendants started running two other transport services namely "Maxi Car Service" and "Chini Service" on the same route; that District Regional Transport Committee took a decision in its meeting held on 4.10.2007 that the "Chini Service" should not run on the Kishoreganj..
Category: Civil Law | Date: | Hits: 118
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....andra Biswas, Advocate-on-Record-For Respondent No. 2. Not represented- Respondent Nos. 1 and 3. Civil Petition for Leave to Appeal No. 144 of 2006 (From the judgment and order dated the 3rd July, 2005 passed by the High Court Division in Writ Petition No.6544 of 2004). ......mala, 1998. There is no provision for pension in the above mentioned Probidhanmala of 1998. The Board of Directors of River Research Institute in its meetings on 12.11.1995 and 16.07.1998 took decision to allow pension to its employees and the decision of the Board was forwarded to the Minis..Category: Employment/Service Law | Date: | Hits: 92
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