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Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....yeem, Advocates instructed by Abu Backkar, Advocate-on-Record - For the Respondents. Criminal Appeal Nos. 6 & 7 of 1978 (Arising out from the judgment and order of the High Court Division dated December 5, 1977 passed in the Criminal Revision No.432 and 475 of 1977) Judgment Ruhu...... Judicial order is passed thereon by the Court competent to try the case to initiate prosecution of the accused charge-sheeted. The learned Attorney-General in support of his submission refers to the decision of the Judicial Committee of the Privy Council in the case of Emperor Vs. Khawaja Nazir Ahm..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....rney-General, with B.B. Roy Chowdhury, Assistant Attorney- General, instructed by A. Rab-1, Advocate-on-Record - For the Respondents. Criminal Appeal No.6 of 1977 (From the Judgment and Order dated 7-4-76 passed by the High Court Division in Writ petition No.709 of 1974). Judgment Ke......revented from acting in a prejudicial manner. If this order is challenged, the detaining authority is required to disclose the materials to satisfy the High Court on the basis of which it based its decision to detain a person. If this condition is not satisfied, the order of detention could not be..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
..... Hoda, Advocate-on Record - For the Appellant. M. Hasan, Advocate instructed by S.M. Huq, Advocate-on-Record - For the Respondent. Civil Appeal No.72 of 1977. On appeal from the judgment dated May 18, 1973 pasted by the High Court Division in Reference Case No. 1 of 1972. Judgment ......in the income from the personal assessment of their mother. 3. At the instance of the Commissioner of Income-Tax reference under section 66(1) of the Income-Tax Act was made to the High Court for decision on the two questions formulated therein which are reproduced below: "1. Whether on the ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....ant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and order dated July 26, 1970 passed by the High Court in Civil Rule No.729(f) of 1970. Judgment Rahul......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... Not represented- Respondent Criminal Petition for Leave to Appeal No. 200 of 2003. (From the judgment and order dated 19.03.2003 8s 23.03.2003 passed by the High Court Division in Criminal Appeal No. 2344 of 199...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....; Not represented- the Respondent Civil Petition for Leave to Appeal No. 1568 of 2002. (From the judgment and order dated 17.06.2002 passed by the High Court Division in Civil Revision No. 2542 of 2000.) Judg......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ..Category: Property Law | Date: | Hits: 35
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....Islam, Advocate-on-Record- For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1651 of 2004 (From the judgment and order dated 25.10.2004 passed by the High Court Division in Writ Petition No. 5732 of 2004). Jud......wherein while issuing the rule the petitioner was allowed to contest the election of No.3 Thakurkona Union Parishad under district Netrokona but the result of the election shall abide by the final decision in the rule issued by the High Court Division after hearing of the rule. The petitioner wa..Category: Election Law | Date: | Hits: 116
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
.... Not represented- Respondent Criminal Petition for Leave to Appeal No. 198 of 2o04. (From the judgment and order dated 21.03.2004 passed by the High Court Division in Criminal Appeal No. 1891 of 1998.) Judg......gard to the facts and circumstances of the case and the materials on record, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition i..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
.... by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 1597 of 2003 (From the judgement and order dated 29-8-2003 passed by the High Court Division in First Appeal No. 9 of 1993). ......tion. The High Court Division held that the plaintiff can legitimately claim damages for the breach of contract committed by the employer. In this connection, the High Court Division relied on the decisions in the case of Bangladesh Small Industries Corporation, Dhaka Vs. Mahbub Hossain Chowdhur..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....r the Petitioner Not represented- the Respondents Civil Petition for Leave to Appeal No. 1360 of 2002. (From the judgment and order dated 1st June 2002 passed by the Administrative Appellate Tribunal in Appeal No. 69 of 1995). ...... opportunity of being heard in person and defend his case, by letter dated 21.12.91 the petitioner was informed that by order dated 11.12.91 the forum rejected the above review petition; the above decision of rejection alleged to be passed by the review forum was required to be examined, perused..Category: Administrative Law | Date: | Hits: 92
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....tioners Not represented- the Respondents Civil Petition for Leave to Appeal No.798 of 2003 (From the judgment and order dated 15.04.2003 passed by the High Court Division in Civil Revision No. 492 of 2001). Judg......on-Record, submits, inter alia, that no witness was produced by the plaintiff to prove that she was induced to execute the deed in question and the High Court Division committed error in the decision concurring with the finding of the courts below that the plaintiff had no independent and ..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants. Ex parte- the Respondent. Civil Appeal No.72 of 2000. (From the Judgment and Order dated December 13, 1995 passed by the High Court Division in Civil Revision No. 2130 of 1993) Jud......se to his knowledge came up for consideration in the case of Mahomed Golab Vs. Mahomed Sulliman reported in ILR 21 Calcutta series, 612 and therein it has been observed the principle upon which these decisions rest is that where a decree has been obtained by a fraud practised upon the other side by ..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....Hossain, Advocate-on-Record- For respondent No.1. Not represented- For respondent No. 2. Civil Review Petition No.43 of 2002. (From the judgment and order dated 13th August, 2001 passed by this Division in Civil Petition for leave to Appeal No. 1030 of 1......ppeal No.150 of 1978 and the learned Subordinate Judge, who heard the appeal, allowed the same by judgment and decree dated 26-12-1981 and sent back the case on remand to the trial court for fresh decision. Thereafter, the suit was heard afresh and the learned Munsif upon consideration of materi..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....structed by M Khaled Ahmed, Advocate- on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-4 Civil Appeal No. 353 of 2002. (From the judgment and order dated 14-8-2002 passed by this Division in Civil Petition for leave to Appeal No. 1290 of 2000). ...... the Administrative Appellate Tribunal wrongly held that the petition before the Tribunal by the appellant is barred and in such view of the matter, the findings and, decisions of the Administrative Appellate Tribunal are wrong and cannot sustain in law. 10. ..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....eputy Attorney-General, instructed by Md Zahirul Islam, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 83 of 2005. (From the judgment and order dated 12th January, 2005 passed by the High Court Division in Cri -Miscellaneous Case No. 12532 of......n as it requires examination and cross-examination of the witnesses produced before the trial Court. It appears that the charge-sheet has been submitted against the petitioner in view of the decision in the case of Abdul Kader Chowdhury and others vs the State reported in 28 DLR (AD) 38. T..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
..... Ajmalul Hossain, QC Senior Advocate with him) instructed by Mr. Mvi Wahidullah, Advocate-on-Record—For the Respondent. Civil Appeal No. 5 of 2004. (From the judgment and order dated 25th June, 2003 passed by the High Court Division in Writ Petition No. 4134 of 2002). ......ip to do PhD at the University of Bradford, UK and also to induct the respondent in regular Government service. However, presumably due to steep opposition from a particular quarter, the aforesaid decision of the Government of awarding the respondent a scholarship to enable him to do his PhD and..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....l by leave against the judgment of June 12, 2002 of a Single Bench of the High Court Division in Civil Revision No. 2214 of 1994 making the Rule absolute upon setting aside the judgment and decree dated January 30, 1994 of the Court of Joint District Judge and Artha Rin Adalat, Jessore in Title ......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... by Abu Siddique, Advocate-on-Record—For Respondent Nos. 1(a)- Kg) Not represented—Respondent Nos. 2-12. Civil Appeal No. 246 of 2001. (From the Judgment and Order dated June 24, 1996 passed by the High Court Division in Civil Revision No. 809 of 1991). J......20, 1975 and the kabuliyat dated December 17, 1927. The appellate Court upon taking the said two documents into consideration observed that the trial Court while decreeing the suit did not make any decision in any respect as regard the documents namely, kabuliyat and the Heba deed. It is pe..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record —For Respondent No. 2. Criminal Petition for Leave to Appeal No. 100 of 2006. (From the judgment and order dated 21-11-2005 passed by the High Court Division in Criminal Miscellaneous Case No. 6008 of 2005......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....structed by Ahsamullah Patwary, Advocate-on- Record —For the Respondents (In all the petitions). Civil Petition for Leave to Appeal Nos. 707, 708 and 789 of 2005. (From the judgment and order dated 20th May 2005 passed by the High Court Division in Writ Petition Nos. 3262, 6942 and 3975 of 2......ar circumstances are differently treated and that the principle underlying that different treatment has rational relation to the object sought to be achieved by the law." 34. Reviewing the decisions on the subject in the case of Sheikh Abdus Sattar vs Returning Officer and others reported..Category: Constitutional Law | Date: | Hits: 221