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Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....ants. Golam Kibria, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 25 of 2002. (From the judgment and order dated the 4th and 5th, 2001 passed by the High Court Division in Criminal Appeal No. 1819 of 1994....... veracity of their evidence. Moreover, the confessional statement (Exhibit 4) lends support to their evidence. In such view of the matter, the High Court Division, according to us, came to correct decision to find them also guilty of the offence. The order of conviction so far as the aforesaid t..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
....n, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-66. Civil Petition for Leave to Appeal No. 52 of 2003. (From the judgment and order dated 27-8-2002 passed by the High Court Division in Civil Revision No. 4924 of 1991). Judg...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
.... MM Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 7-12-98 passed by the High Court Division in Writ Petition No. 9 of 1996 discharging the Rule......preciation of the issues involved in the writ petition. Annexure 17, resolution of Board meeting of the corporation held on 22-4-89 shows that in its 80th Board meeting the Corporation took certain decisions namely, (1) the corporation will appoint Chief Executive of the Company and they will be ..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....ivil Appeal No. 54 of 2006]. Not represented—Respondent Nos. 2 & 3. [In Civil Appeal No. 55 of 2006] Civil Appeal Nos. 54 and 55 of 2006. (From the judgment and order dated 4-1-2006 passed by the High Court Division in Writ Petition Nos. 9157 and 9180 of 2005). ......ll prepare the voter list for the purpose of holding the ensuing parliamentary election. In the instant case the Election Commission (the Commission) in its meeting held on August 6, 2005 took the decision to prepare the voter list as the Commission felt necessity of preparing the voter list &qu..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
....ment: Md Ruhul Amin J.-This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. 2417 of 1...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
.... Leave to Appeal No. 161 of 2005. Judgment: Amirul Kabir Chowdhury J.- AKM Shamsuddin alias Kalam and another, accused petitioners, seek leave to appeal against the judgment and order dated 9-4-2005 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case......ge and not on a complaint made by the public servant concerned affected by the alleged offences and, as such, the proceeding is not maintainable, but the High Court Division committed error in the decision in not taking into consideration of the aforesaid payment illegality in the proceedings. ..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....ve to appeal is hereby condoned for the reasons stated in the application for condonation of delay. 2. The plaintiff-petitioner seeks leave to appeal against the impugned judgment and decree dated 13-5-2001 passed by the High Court Division in First Appeal No. 97 of 1990 setting aside thos......onalisation of industries, management of the business and affairs of the Company was entrusted with the Bangladesh Chemical Industries Corporation, the defendant No.3. The Government took a policy decision for disinvestment of some of the nationalised industrial concerns and abandoned properties..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....r. Amir-ul-Islam contended that the amended Article had destroyed the unitary character of the republic. He contended that the people of Bangladesh in the proclamation of independence at Mujibnagar dated 10.4.71 incorporated fundamental norms of Government of the country including equality, soci...... benches. The concept of “Alaka hote udvoddo Bishoe” as mentioned in the Rule framed by the Chief Justice is akin to the concept of cause of action in the Civil Procedure Code. He referred to two decisions in this connection 17 D.L.R. (SC) 384 and A.I.R. 1977 Allahabad 488 Full Bench. 28. The..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....fuddin Chaklader, Advocate-on-Record— For the Appellant. Bakhtiar Hossain, Advocate-on-Record — For the Respondent (State). Criminal Appeal No. 18 of 1988. (From The Judgement and order dated 11.5.87 passed by the High Court Division, Jessore Session, Jessore in Death Reference No. 2 o...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....8/85. The suit was for declaration of Title and further that the S.A. Khatian was wrong. Some of the defendants filed written statement raising, amongst others, the plea of res-Judicata. 3. On the date of peremptory hearing of the suit (9.3.85) the plaintiffs filed a petition for withdrawing th......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..Category: Procedural Law | Date: | Hits: 110
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......counts of the sale proceeds of paddy do not constitute any offence under section 406 of the Penal Code, it is further contended that the learned Judges of the High Court Division misinterpreted the decision in Nasiruddin Mahmud and others Vs. Mamtazuddin and another 36 DLR(AD) 14 and wrongly held ..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....or the Appellants. B. Hossain, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record— For the Respondent. Criminal Appeal No. 27 of 1986. (From the Judgement and order dated 4 August 1985 passed by the High Court Division, Dhaka, in Criminal Appeal No. 132 of 1983).......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....tructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent Nos. 1-6 and 9-10. Respondent Nos, 7, 8, 11-17: Ex-parte. Civil Appeal No. 1 of 1987. (From the Judgement and order dated 17.2.1986 passed by the High Court Division, Chittagong Bench, Chittagong in Civil Revision No......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
.... The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 86(1) (2) (3) as amended by the State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972) dated 4.11.1972. The plaintiffs’ claimed that the land reformed in situ. In view of the clear fi......at the view taken by the Additional District Judge and upheld by the High Court Division is correct. 6. Dr. Kamal Hossain, learned counsel for the appellant, finding it difficult to get over the decision submitted, perhaps as a last resort, relying on the case of A. Mannan Vs. Kulada Ranjan 31 ..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....rotect the tenant from ejectment for default. 2. Respondent landlord created a monthly tenancy in favour of the appellant by letting a shop room in the Balaka Building tinder an Agreement of Lease dated 1 September 1978 for the period ending by 31 December 1983 at a rent of Tk.600/- per month, wh...... 18(5) is applicable to this case still the appellant is a defaulter, for she paid three months' rent in lump at a time by the Postal Money Order dated 5 March 1984. He has sought reliance from the decision of this Court in a number of cases of this point particularly in the case of Prafullah Kuma..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
.... by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No.1. Respondent No. 2 — Ex-parte. Civil Appeal No. 34 of 1987. (From the Judgement passed by the High Court Division Dhaka dated 8.4.87, in Writ Petition No. 120 of 1985). Judgment: A.T.M. Afzal J. — This appeal by ...... does not permit this. Such adverse remarks cannot be taken into consideration in deciding promotion. If out of two or more grounds one is later found to be non-existent, irrelevant or bad then the decision becomes unsustainable on the principle that it is not known to what extent the bad ground i..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....e offence under section 448 Penal Code and accordingly convicted; him thereunder and sentenced him to a fine of Tk.1000/- in default to rigorous imprisonment for one month-by his judgment and order dated 25.4.83. He further directed the appellant under section 522(1) of the Code of Criminal Proc...... consider the effect of the order of injunction on the date of the alleged offence which he failed to do; and secondly, when the decree for permanent injunction was passed it should be taken as a decision as to possession on the date of the institution of the suit. If the appellant, was in pos..Category: Criminal Law | Date: | Hits: 59
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....th him) instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent No. 1. Ex-parte— For the Respondent Nos. 2 to 4. Civil Appeal No. 26 of 1986. (From the Judgement and order dated 23 January 1985 passed by the High Court Division, Comilla Bench, in Civil Revision No. 175 ...... whereupon Vested Property Case No. 24 of 1978-79 was initiated by defendant No. 1 and treating the property as vested property leased out the same to defendant No. 2. The plaintiff challenged this decision by filing the suit. 4. The trial Court dismissed the suit on the finding that the plaint..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....89). Not represented— Respondent No. 1 (In C.P. No. 310 of 1988). Civil Appeal No. 1 of 1989 with Civil Petition for Special Leave to Appeal No. 310 of 1988. (From the Judgement and order dated 22.11.88 passed by the High Court Division, Comilla Bench, Comilla in Writ Petition No. 32(C) ......ion only upon the wordings of section 4(3) but in the background of entire law that has involved over the years Mr. Huq argued the schemes of the two enactments are to be kept in view for coming to a decision as to meaning of ex-officio representative members of the Parishad. 13. Mr. M. Nurullah,..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....n, Advocate-on-Record—For Respondent No. 5. No one for Respondent No. 4 Civil Appeal No 48 of 1985. Judgement: A.T.M. Afzal J.—This appeal following leave is from judgment and order dated 4th June 1982 passed by a Single Judge of the High Court Division, Dhaka in Civil Revision N......his appeal following leave is from judgment and order dated 4th June 1982 passed by a Single Judge of the High Court Division, Dhaka in Civil Revision No. 869 of 1979 setting aside the concurrent decision of the courts below and dismissing the suit being Title Suit No. 272 of 1975 of the Second ..Category: Property Law | Date: | Hits: 33
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