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Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ...... before the Magistrate, praying for withdrawal of the prosecution against the appellants aforesaid. Material portion of one of the petition may be set out: “In compliance with the order of the S.P. Mymensingh communicated in his Memo No. 2151/V dated 4-6-73, I have the honour ...... Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ......ingh. On 14-6-73 two petitions on substantially the same language were filed before the Magistrate, praying for withdrawal of the prosecution against the appellants aforesaid. Material portion of one of the petition may be set out: “In compliance with the order of the S.P. My..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ...... Ramail Kara to Talikhal and then discharging the water to Pyain river. The Irrigation Department of the defendant constructed Mali Bunds of Ramail Kara in early part of January, 1957 in order to excavate a channel in connection with the execution of a drainage scheme in Pyangul Pargan......sult. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......ellants got an income of Rs. 6000.00. Thereafter it became impossible to carry on with fishing operation due to erection of bund. The appellant No. 2 submitted a petition before the Deputy Commissioner, Sylhet on 17.1.75 complaining about the enormous loss caused by the same till the fishing sea..Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ...... Advocate-on-Record – For the Appellant. Abdul Hamid, Advocate instructed by B.C. Panday, Advocate-on-Record- For Respondent. Civil Appeal No. 123 of 1977 (On appeal from the judgment and order dated January 30, 1978 passed by the High Court Division in Civil Rule No. 719 of 1975) Jud......ourt is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......Kushtia for declaration of title in respect of the entire suit land and for declaration that 1/3rd share recorded in the S. A. khatian in the name of the principal defendant Shanti Sudha Moitra is erroneous. 4. Plaintiff’s case in short is that the suit property belonged to 3 brothers in equal..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......el. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......Appellate Division (Civil) Present: Syed A. B. Mahmud Hossain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhaitacharya J Leakat Ali Sowdagar………... Petitioner Vs. Abdus Salam Sowdagar and another….. Respondents Judgment December 7, 1976. ..Category: Tenancy Law | Date: | Hits: 163
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......d-For the Appellant. T. Ali, Senior Advocate, instructed by AJ Khan Chowdhury, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 3 of 1973) (From the judgment and order dated 24.11.70 passed by the erstwhile High Court of East Pakistan in F. A. No. 136 of1961) ...... DLR (SC) (1978) 222. ......ake steps in the matter. Thereafter an application was filed for the substitution of the heirs of respondent Abani on setting aside the abatement. An affidavit in opposition was, however, filed by one Mr. Nurul Huda, a constituted Attorney of the respondent Abani on 30-10-70 denying the death of..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......Islam, Advocate— For the Petitioner. Not Represented— The Respondents. Civil Petitions for Special Leave to Appeal No. 171 and 305 of 1977. (From the judgment and order dated June 21, 1977 passed by the High Court in Writ Petition No. 82 of 1977 and dated April ......ccordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......) 207. ..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......the Petitioner. Md. Nawab Ali, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent No. 1. Criminal Petition for Leave to Appeal No. 307 of 2005. (From the judgment and order dated 28-3-2005 passed by the High Court Division in Criminal Miscellaneous Case No. 10039 of ......erfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......1. ..Category: Criminal Law | Date: | Hits: 138
Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
.... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ......Rahman, Advocate-on-Record— For Respondent No. 1. Not represented—Respondent Nos. 2-5. Criminal Petition for Leave to Appeal No. 550 of 2006. (From the judgment and order dated 30-7-2006 passed by the High Court Division in Criminal Revision No.1395 of 1993). ......vation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ......ivision (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Taher and others.........................Petitioners Vs. Md. Abdul Kuddus and others……...Respondents Judgment&nb..Category: Criminal Law | Date: | Hits: 50
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
....ew 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. ......itioner, Syed Mahbubur Rahman, Advocate on-Record— For Respondent No. 8. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 855 of 2007 (From the Judgment and order dated 8-5-2007 passed by the High Court Division in WP No.7427 of 2006). Judgment: MM ......ision upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ......tion is dismissed Ed. ..Category: Civil Law | Date: | Hits: 111
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... Syed Mahbubar Rahman, Advocate-on-Record— For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No.140 of 2005. (From the judgment and order dated 23-2-2005 passed by the High Court Division in Criminal Revision No, 549 of 2003). ......on of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......n J Md. Tafazzul Islam J Azizul Hoque..........................Petitioner Vs State and others.................Respondents Judgment ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......r Advocate (Mainul Hosein, Senior Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Appeal No. 12 of 2003. (From the judgment and order dated 15th and 16th April 2002 passed by the High Court Division in Writ Petition No. 5981 o...... This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ...... legal effect and section 13 of the aforesaid impugned Act repealing the service rules of the Principal Appraiser, Appraiser and others from "Ka to Chha" so far relates to the writ petitioner was declared to have been passed without any lawful authority. 2. The respondent filed ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......rim, Advocate with him) instructed by Mvi Md Wahidullah, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal No. 46 of 2008. (From the judgment and order dated 6-2-2008 passed by the High Court Division in Writ Petition No. 6576 of 2007). Judgm...... Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......he specified Court or the procedure existing at the time of the commission of the offence….(103) The offence under section 385/109 of the Penal Code or the offences created by various laws mentioned in rules 14 or 15 of the Emergency Power Rules, 2007 can be tried under the said Rules. Neither..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......—For the Appellant. Amirul Islam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Appeal No. 50 of 2004. (From the order dated 27-5-2003 passed by the High Court Division in Writ Petition No.2975 of 2003). ......gainst is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......estion of possible injury to public interest which may result from the disclosure of such document; (c) then call for the opinion of the Chief Justice so far as it relates to the writ petitioners…………………(37) When a party to a proceedi..Category: Constitutional Law | Date: | Hits: 124
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......tructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 916 of 2004 (From the judgment and order dated 02-05-2004 passed by the High Court Division in First Appeal No. 375 of 1998) Ju......tion. Accordingly, it is dismissed. Ed. ...... Syed J. R. Mudassir Husain, CJ Mohammad Fazlul Karim, J Amirul Kabir Chowdhury, J Md. Joynul Abedin, J A. B. M. Shamsuddin................................. Petitioner. Vs. Anowara Begum being dead her heirs 1. (a) Mahmuda Selina and others. ........Category: Property Law | Date: | Hits: 41
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......ate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Not represented—The Respondents. Civil Appeal No. 15 of 2000. (From the judgment and order dated 21 April 1999 passed by the High Court Division in Civil Revision No. 562 of 1997). ......osts. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......d in Civil Revision No. 562 of 1997 discharging the Rule obtained against the order dated 19-11-96 of the learned Subordinate Judge (now Joint District Judge), Second Court, Dhaka, passed in Money Suit No. 21 of 1993 refusing to treat the counter-claim filed by the defendant in the above su..Category: Civil Law | Date: | Hits: 111
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
....e absolute. 2. Short facts are that the petitioner being a wholesale dealer intended to import skimmed milk powder and having found that by SRO No. 152-Law/92/1466/Customs dated 18-6-1992 published in the form of notification under HS Code No. 94.92 that the tariff value of skimmed milk......bsp; (From the judgment and order dated 28-7-1999 passed by the High Court Division in Writ Petition No. 510 of 1993).&n...... Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ......ve is directed against the judgment and order dated 28-7-1999 passed by the High Court Division in Writ Petition No. 510 of 1993 making the Rule absolute. 2. Short facts are that the petitioner being a wholesale dealer intended to import skimmed milk powder and having found that by SRO N..Category: Fiscal/Taxation Law | Date: | Hits: 75
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... ABM Nurul Islam. Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No. 215 of 2000. (From the judgment and order dated 29-10-1998 passed by the High Court Division in Writ Petition No. 2490 of 1990). ......to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... the order dated 20-10-1990, Annexure-F to the writ petition, by which the Land Acquisition Officer, Chittagong, in terms of the Memo of the Ministry of Land dated 12-5-90, requested the writ petitioner/ respondent No.1 to deliver to him 0.09 acres of land of RS Plot No. 6161 and 0.019 acres of ..Category: Labour and Industrial Law | Date: | Hits: 83
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....to sell out 374.31 metric tons of old iron and steel materials lying in the godowns in Sylhet PWD Zone. Accordingly, auction notices inviting quotations of 14 items of the aforesaid materials were published by the writ respondent No.2, Executive Engineer, Sylhet PWD Division, Sylhet. Since the h......, (In Civil Appeal No. 185 of 2005). Not represented—Respondent Nos. 6-7. (In Civil Appeal No. 184 of 2005). Civil Appeal Nos. 184-185 of 2005. (From the judgment and order dated 4-1 -2005 passed by the High Court Division in Writ Petition No. 1463 of 2004). ......66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......January 21, 2008. Negotiation of sale price by Court: The Government having the right under clause 9 of the Tender Notice to accept or reject the bid in part, accepted the writ petitioner’s bid for five out of fourteen items and the writ petitioner having paid the price of th..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ...... Hossain QC, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondents (In Criminal Appeal No. 6 of 2008). Criminal Appeal Nos. 5 & 6 of 2008. (From the order dated 13-12-2007 passed by the High Court Division in Criminal Appeal Nos. 3742 and 4813 of 20......Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......f himself and his father to the accounts of his wife and mother-in-law. 5. On these facts Gulshan Police Station Case No. 26 dated 6-3-2007 under sections 26 and 27 of the Anti-Corruption Commissioner Act, 2004 and section 5(2) of the Prevention of Corruption Act, 1947 read with Rules 15Ka, 15Kh..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......ed by Zahirul Islam, Advocate-on-Record—For Respondent No. 3. Not represented—Respondent Nos. 2 & 4-19. Civil Appeal No.158 of 2002. (From the judgment and order dated 24-11-1988 passed by the High Court Division in Civil Revision No. 4520 of 1997). ......lso Reported in: 60 DLR (AD)(2008) 55. ......mittee) was not made a party to the said Other Suit No.11 of 1993. 9. We have examined and considered the materials on record including the judgments of the courts below including the one of the High Court Division. It appears that the trial Court and the appellate Court below did n..Category: Civil Law | Date: | Hits: 110
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