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Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....ecord—For Respondent Nos. 1, 3-9. NIB Bhuiyan, Advocate-on-Record—For Respondent No. 2(a) and 2(c). Civil Appeal No. 371 of 2003. (From the Judgment and Order dated August 18, 2002 passed by the High Court Division in Civil Revision No. 1578 of 1999) ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....2004). Not represented—Respondent No. 1 (In Civil Petition No. 1382 0/2004). Civil Petition for Leave to Appeal Nos.1381 & 1382 of 2004. (From the judgment and order dated 7-3-2004 passed by the High Court Division in Writ Petition No. 5587 of 2000 with Writ Petiti......ing 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 reason to interfere with the same. Both the petitions are dismi..Category: Employment/Service Law | Date: | Hits: 59
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....dent 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 2004). ......r chance of being heard. The further case is that the land of the writ petitioners was allotted to the appellant in CA No. 62 of 2004 (Wega Fashion Sweater Pvt Ltd) by altering Government's earlier decision. The further case is that one Mrs. Madlena D Rozario purchased the land from the CS record..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....ted by Serajur Rahman, Advocate-on-Record —For Respondent Nos. 1-4. Not represented—Respondent Nos. 5-26. Civil Appeal No. 270 of 2002 (From the Judgment and Order dated May 13, 1997 passed by the High Court Division in Civil Revision No.2335 of 1992). Jud......on 4 of the Partition Act. The learned Counsel has also submitted that the High Court Division on wrong interpretation of the provision of section 4 of the Partition Act set aside the findings and decisions of the Courts below which are based on due consideration of the evidence, both oral and d..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
...., Advocate-on-Record—For Respondent No. 2. Not represented—Respondent Nos. 1, 3-4. Civil Petition for Leave to Appeal No. 1332 of 2004. (From the judgment and order dated 9th August, 2004 passed by the High Court Division in Company Matter No. 106 of 2003). ...... for the Directors of the company to continue as Directors taking advantage of the above orders of stay dated 24-1-2004, inasmuch as if the company continues with more than 13 directors and if the decisions of the High Court Division dated 20-1-2004 are overturned then all the actions of the Boa..Category: Business or Commercial Law | Date: | Hits: 99
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
.... instructed by AKM Shahidul Huq, Advocate-on-Record—For the Appellant. Not Represented—The Respondent. Criminal Appeal No. 10 of 2004. (From the Judgment and Order dated 9-4-2003 passed by the High Court Division in Criminal Appeal No. 473 of 2002). Judgme......a while dismissing the appeal so far as it relates to the appellant. Hence is the appeal. 4. Leave was granted to consider the submission that the High Court Division committed error in the decision ignoring the fact that out of 15 witnesses, none, including the informant and the victim h..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....Advocate on Record-For the Respondent (In all the cases) Criminal Petition for Leave to Appeal No. 444 of 2006 and Jail Petition Nos. 4, 6, 7, 8, 9 and 10 of 2006. (From the judgment and order dated 29 and 31 August 2006 passed by the High Court Division in Death Reference No.47 of 2006 with ......ing part of the statement of the accused petitioner in his examination under section 342 of the Code of Criminal Procedure cannot be the basis of conviction. In this connection he has referred to the decision in the case of Shah Alam vs State 1990 ELD (AD) 25. It appears that the facts are absolutel..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....ud Bhuiyan, Senior Advocate, instructed by Fakhrul Islam Advocate-on-Record—For Respondent No. 1. Ex-Parte—Respondent Nos. 2-3. Civil Appeal No. 134 of 2000. (From the judgment and order dated 25th May,1999 passed by the High Court Division in First Appeal No. 95 of 1992). Judgment ...... situation the respondent No.1 had no other alternative but to stop the remaining works and the High Court Division having dismissed the appeal affirming the concurrent findings of facts as above the decision of the High Court Division does not call for any interference. 8. As it appears, the pla..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....ondent No. 2 (In both the cases). Not represented—Respondent Nos. 1 & 3 (In both the cases). Civil Petition for Leave to Appeal Nos. 622 & 623 of 2004. (From the judgment and order dated 20-3-2004 passed by the High Court Division in Writ Petition Nos.3260 and 3261 of 2001). Ju......er in the writ petition or in these petitions before us nothing has been mentioned what prevented the defendant-petitioner from preferring the appeal as provided by law. 17. In this connection the decision in the case of Zahirul Islam vs. National Bank Limited and others reported in 46 DLR (AD) 1..Category: Business or Commercial Law | Date: | Hits: 135
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....…………..(9) Lawyers Involved: B. Hossain, Advocate-on-Record— For the Appellant. Ex Parte — For the Respondent. Criminal Appeal No. 26 of 1986. (From the Judgment and order dated 9th June, 1985 passed by the High Court Division, Barisal Bench, Barisal in Criminal Appeal No......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)
....te with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 1. Ex parte — Respondent Nos. 2-12. Civil Appeal No. 33 of 1985. (From the Judgment and Order dated 8th April, 1984 passed by the High Court Division, Sylhet Bench in Civil Revision No. 55 1983)......oppel, waiver and acquiescence. Accordingly, the Misc. case was dismissed. On appeal, the learned Additional Subordinate Judge, 1st Court, Sylhet, by judgment and order dated 1.9.82, affirmed the decision of the trial Court and dismissed the appeal. 4. The pre-emptor then went in revision bef..Category: Property Law | Date: | Hits: 47
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
......……………………………………………….....Respondent Judgment February 7, 1990. Result: The interim bail will continue only for a further period of four months from date or till disposal of the revisional application, whichever is earlier. Bail matter Interim......order be forwarded to the Deputy Registrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ..Category: Criminal Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....f 1983), section 26 Harmonious interpretation It is apparent that for change of polling station whether in the case of first election or repoll a period of fifteen days to intervene between the date of change and that of the poll is necessary. In case of any indispensable necessity for change ......andidates—the respondents—on a common ground that there was no mala fide on the part of the Returning Officer in changing the polling stations, that the Returning Officer did not alone take the decision to change the polling stations but he acted on the advice of the local administration i..Category: Election Law | Date: | Hits: 163
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....srarul Hossain, Senior Advocate instructed by Md. Wahidullah, Advocate-on-Record— For the Respondents. Civil Petition for Special Leave to Appeal No. 242 of 1988. (From the judgment and order dated 4.2.1988 passed by the High Court Division, Rangpur Session in Civil Revision Case No. 411 o...... ors...………….Defendant- Respondents Judgment May 2, 1989. Result: The petition is dismissed. The Sonali Bank (Staff) Service Rules 40 & 42 Disciplinary proceeding The decision of the Board of Directors to remove the petitioner from service amounts to giving approval ..Category: Employment/Service Law | Date: | Hits: 98
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
.... For the Appellants. B. Hossain, Deputy Attorney General, instructed by A.W. Mallik, Advocate-on-Record — For the Respondent. Criminal Appeal No. 18 of 1989. (From the judgment and order dated 5 July 1988 passed by the High Court Division, Dhaka, in Criminal Appeal No. 148 of 1986). ......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....s Involved: Akram Hossain Amin, Advocate-on-Record— For the Appellant. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 4 of 1989. (From the Judgment and Order dated 15 February, 1988 passed by the High Court Division, Rangpur Session in Death Reference No. 3 ......resent case had occasion to consider the question of delay (of 2 years and 7 months) sitting in another Bench in the case of Nowsher Ali and others Vs. The State reported in 39 DLR (1987) 57. All the decisions cited before us except 38 DLR 188 were considered in that decision. In accepting the Refer..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....mp; 194 The Sales Tax Ordinance (XVIII of 1982) Section 4(1) The Evidence Act (I of 1872) Section 115 The Constitution of Bangladesh, 1972, Article 102 Promissory Estoppel Notification dated 3.10.84 under section 19 of the Customs Act was issued without any condition, limitation or re...... from denying such position. 16. Mr. Rafique-ul-Huq cited number of decisions such as BLD 1981 (AD) 91, AIR 1968 (SC) 718, AIR 1979 (SC) 621 and BLD 1981 (AD) 91. He has further relied upon the decision of PLD 1970 (SC) 379, PLD 1960 (SC) 310, PLD 1987 Karachi 63 and PLD 1977 Lahore 1327. Mr. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....Tax Act is a statutory law and as such no notification under such law can control the sub-constitutional legislation. In that view of the matter there is no hesitation in saying that the notification dated 18.12.76 has no manner of application in the case of the Judges of the Supreme Court and the D...... 6. The High Court Division took the view that the salary income and other allowance which are exempted from the Income Tax cannot be legally added in the total income. The learned Judges noticed a decision of the Bombay High Court in the case of Commissioner of Income Tax Vs. N.M. Raiji, 17 I.T.R..Category: Fiscal/Taxation Law | Date: | Hits: 111
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. Miah Abdul Gafur, Advocate-on-Record— For the Respondent. Civil Appeal No. 84 of 1989. (From the Judgment and Order dated 1 August, 1989 passed by the High Court Division, Dhaka, in first Appeal No. 81 of 1989). J......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
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....ey could only be treated as trespassers, not as tenants. That is why the landlords sued them for eviction as trespassers. The protection of section 88 is not available to the appellant because on the date of coming into force of the Non- Agricultural Tenancy Act, 1949 the appellant was not holding a......decessor, dismissed by the High Court Division as documents not creating any title, is an unchallenged evidence of the appellant's possession, especially when these are the basis of the trial Court's decision on adverse possession and when the trial Court's finding on adverse possession is undistu..Category: Tenancy Law | Date: | Hits: 169
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