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Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....orney General, instructed by Md. Ataur Rahman Khan, Advocate-on- Record-For the Respondents (In Crl. A. No. 15-16/2001) Criminal Appeal No. 14-16 of 2001 (From the Judgment and Order dated 9th December, 1998 passed by the High Court Division in Death Reference No. 22 of 1994) ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....lants M.A. Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Appeal No.13 of 2002 (From the Judgment and Order dated 14th November, 2000 passed by the High Court Division, in Criminal Appeal No.772 of 1993) ......ound the confessional statement to be voluntary and true which was also corroborated by a few prosecution witnesses. Therefore, the High Court Division found nothing to differ from the findings and decisions of the trial Court. The facts and circumstances of the case combined with he evidence of ..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
....olved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respondent-Respondent. Criminal Petition for Leave to Appeal No. 142 of 2003 (From Judgment and Order dated 22nd January, 2002 passed by the High Court Division in Criminal Appeal No. 557 of 1997) ...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and othÂers Vs. State, 2006, 35 CLC (AD)
....ed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 210 of 2003 (From the Judgment and Order dated 11.05.2003 passed by the High Court Division in Criminal Appeal No. 1656 of 2000) Judg......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
.... Appellants Shahadat Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents Criminal Appeal No. 23 of 2000 (From the Judgment and Order dated 18.7.1995 passed by the High Court Division in Criminal Appeal No. 3225 of 1991). Judg......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
....e with him) instructed by Md. Nawab All, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-3 Civil Appeal No. 193 of 2002 (From the Judgment and Order dated 17.05.2001 passed by the High Court Division in Writ Petition No. 2992 of 1996) Judgme...... the Academic Council of BUET on 19.01.1995 declared MURP of Respondent No. 3 as "shomoman” to the Master's degree in Architecture of BUET. The contention of respondent No.1 is that the decision of the Academic Council taken on 19.01.1995 did not make the degree in MURP of respon..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....pellant. Md. Nawab Ali, Advocate-on-Record-For the Respondents (1a-1j). Not represented-Respondent Nos. 2-11. Civil Appeal No. 269 of 2001 (From the Judgment and Order dated 01.04.1996 passed by the High Court Division in Civil Revision No. 473 of 1981) Judgme......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate instructed by Fakhrul Islam, Advocate-on-Record- Respondent Civil Appeal No. 222 of 2002 (From the Judgment and Order date July 25, 2000 passed by the High Court Division in Civil Revision No. 9824 of 1991) Jud......also of taking exception by the trial Court as to filing of the certified copy (in fact plaintiff filed photo copy of the certified copy) of the deed of gift but ultimately did in fact not make any decision about the acquisition of title by the plaintiff on the basis of the said deed of gift. Th..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
..... A. Aziz Khan, Advocate, instructed by Ahsanullah Patwary, Advocate-on-Record-For Respondent No. 1 (In all the cases) Civil Appeal Nos. 244-250 of 2002 (From the Judgment and Order dated 24.10.2000 passed by the High Court Division in Writ Petition Nos. 2467, 1872, 1874, 1875, 18......e High court Division committed illegality in making the rules absolute without considering this vital aspect of the case. 10. He further submits that the appellants took the decision of the retirement of the petitioners on the basis of their applications and as such t..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....torney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants Not represented-Respondents Civil Appeal No. 578 of 2001 (From the Judgment and Order dated June 22,1997 passed by the High Court Division in Civil Order No. 4901 of 1997) Judgme......ing the quality of their deposition considered them reliable and competent witness. The High Court Division while rejecting the revisional application concurred with the findings and decisions of the Courts below made on the basis of the evidence on record. The learned Deputy Attor..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
.... Advocate, instructed by Serajur Rahman, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-8 Civil Appeal No. 588 of 2001 (From the Judgment and Order dated March 29, 1998 passed by the High Court Division in Civil Revision No. 2248 of 1991 (Dhaka)Ci......suit i.e. the question of surrender by Jitu Mondal in favour of Kuran Mondal and in the background of the materials on record held that appellate Court did not advert to the findings and decisions of the trial Court and thereupon did not reverse the finding of the trial Court based on ..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
.... by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-4. Civil Petition For Lave to Appeal No. 877 of 2005 (From the Judgment and Order dated 08.05.2005 passed by the High Court Division in Writ Petition No. 4892 of 2003) Judgem......d residential quarters of BTTB situated at Motijheel, Maghbazar and other areas were illegally occupied by trespassers and the respondent No. 5, General manager, Dhaka Telecommunication Region took decision for their eviction under the provision of the Government Lands and Buildings (Recovery of ..Category: Others | Date: | Hits: 97
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....; Md. Tafazzul Islam J.- These three appeals by leave filed by the writ respondents are against the judgment and order dated 17.07.2000 passed by the High Court Division in Writ Petition Nos. 3773. 4490 and 4491 of 199......r undervalue the goods to be imported to evade the payment of proper customs duty, declined to follow 42 DLR (AD) 167 and 48 DLR (AD) 199 for fixing value of the imported goods as in the aforesaid decisions the provisions of I he section 25 of the Customs Act were not interpreted and the High Co..Category: Fiscal/Taxation Law | Date: | Hits: 95
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....gment: M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 26.01.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 3999 of ...... trial court considering the evidence of P.Ws and D.Ws came to the finding that the plaintiffs are in possession. The court of appeal below on the other hand held that the trial court while giving decision did not discuss the dakhilas Ext.1 series but discussed about the certified copies of the ..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....f 1998. Judgment: Md. Ruhul Amin J.-The appeal, by leave, is against the judgment and order dated August 4, 1997 of the Administrative Appellate Tribunal (AAT) in Appeal No. 87 of 1996 allowi......ound of the facts relating to information given by the respondent in his application for passport as regard his wife and the letter written to the Secretary by Hasna Pervin and Dr. Mainul Haque the decision was taken for cancellation of the appointment of the respondent. 9. The respondent ..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....; Mohammad Fazlul Karim J. - This of the appeal by leave at the instance defendant-appellants is directed against the judgment and order dated 26.7.2000 passed the High Court Division discharging the rule against judgment and decree pas......f to hand over possession of the same to the Executive Engineer, City Building Division P.W.D. within 30 days of the receipt of the letter. The plaintiff requested the Government to reconsider its decision which was allowed by the Government by letter dated 9.9.1976 and plaintiff continued his b..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....udgment: M. M. Ruhul Amin J .- This appeal by leave is directed against the judgment and order dated 12.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 459 of 1......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
.... Md. Ruhul Amin J. - The appeal, by leave, is by the defendant No. 1 against the judgment and order dated January 13, 2002 of a Division Bench of the High Court Division passed in. Civil Revision No.......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....bsp; Md. Ruhul Amin J.-This appeal, by leave, by the defendant has been filed against the judgment and order dated February 27, 1997 of a Single bench of the High Court Division in Civil Revision No. 2348 of ......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....bsp; Amirul Kabir Chowdhury J.- The petitioner A.N.M. Gaziul Azim seeks leave to appeal against the judgment and order dated 03.08.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 1198 of......iscellaneous case. The present petitioner filed Miscellaneous Appeal No. 208 of 2003 against the aforesaid order of injunction passed by the trial court and the lower appellate court reversing the decision of the trial court directed the parties to maintain status quo in respect of the suit land..Category: Property Law | Date: | Hits: 34
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