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Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented— The Respondent. Civil Petition for Leave to Appeal No. 64 of 1990. (From judgment and order dated 18.2.90 passed by the High Court Division, Dhaka, in Writ Petition No. 309 of 1990). ......dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......n (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Serajul Islam (Md)........…………………………..............Petitioner Vs. The Director General of Food...……………………………...Respondent Jud..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......ecord. — For the Appellants. Asrarul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent. Civil Appeal No. 5 of 1988. (From the judgment and order dated 1st September, 1986 passed by the High Court Division in Writ Petition No. 235 of 1985...... appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......pose only because they were sold under the respondent's insignia, printing and packing when the respondent asserted that the fixing of its trade name, the embossing of price and the packing were all done by mechanical process. The Excise and Salt Act, 1944, like any other fiscal statute imposing a b..Category: Fiscal/Taxation Law | Date: | Hits: 114
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....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. ......ng the victim while he was fleeing to escape. To decide the time of occurrence on the basis of semi-digested food found at the abdomen is not proper as it may differ from man to man. About passing of order by the two accuseds, the witnesses are discrepant. So these two accuseds have rightly been acq......ustody 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. ......: The appeal is allowed. The Evidence Act, 1872 (I of 1872), sections 3 & 5 The inmates of the house and close neighbours are natural and probable witnesses. Those witnesses testified in one voice that, accused Mohammad Khan gave the fatal blow at the place of occurrence surrounding the..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ...... This appeal by leave at the instance of the Pre-emptee-appellants arises out of a proceeding under section 96 of the State Acquisition and Tenancy Act, 1950 and is directed against the judgement and order dated 8 April, 1984 passed by a Single Judge of the High Court Division, Sylhet Bench in Civil......eal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......re-emptor then went in revision before the High Court Division. The learned Single Judge observed in the impugned judgment thus: — "The courts below came to the finding that the pre-emptor petitioner waived his right on the evidence adduced by the opposite parties as to the conduct of the pre-e..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......t Division, Barisal dated 12.8.1986 in Criminal Appeal Nos. 16 & 29 of 1986). Judgment ATM Afzal J. - This appeal by the four accused-appellants, following leave, is from the judgment and order dated 12 August 1986 passed by a Division Bench of the High Court Division, Barisal in appeal ...... charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......rganj on the aforesaid charge on the allegation that in the night following 20.10.81 at about 12-30 A.M. they, being armed with deadly weapons i.e. gun, dagger, etc, committed dacoity in the house of one Fazlul Karim situate at Nathullabad, Baidya Para Road, P.S. Kotwali District Bakerganj and dec..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ...... Mahfuzur Rahman, Advocate, instructed by A. Baset Majumder, Advocate-on-Record—For Respondent No. 1. Ex-parte—Respondent Nos. 2-3. Civil Appeal No. 33 of 1986. (From the judgment and order dated 18.11.1985 passed by The High Court Division, Comilla Bench, in Civil Revision No. 140 o......of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ...... Subordinate Judge; the High Court Division did not interfere with it in revision. 2. In the judgment of the courts below the suit property has been referred to, as residential "quarters". It is one of the flats of a building which was constructed by the Government of the then East Pakistan for..Category: Property Law | Date: | Hits: 40
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
....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. ......, instructed by Sharifuddin Chaklader, Advocate-on- Record—For the Appellants M.B. Hossain, Advocate-on-Record — For the Respondent. Criminal Appeal No. 3 of 1986. (From the judgment and order dated 19.11.1985 passed by the High Court Division, Jessore Bench in Criminal Misc. Case No. 2......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. ......rlier. Bail matter Interim bail should not continue for indefinite period and such bail shall continue for 4 months further. In case of the revision not being disposed of as aforesaid the petitioners should surrender to their bail bonds. Lawyers Involved: Mahbubur Rahman, Senior Advoca..Category: Criminal Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....n accordingly on the following day in spite of objection raised by some of the contesting candidates; particularly the respondents. The result of the election was announced and it was going to be published in the official Gazette by the election Commission. At this stage the election in each o......No. 60 of 1989). Not represented—Respondents Nos. 1—5 and 7 & 8. Civil Appeal No. 58 of 1989. Civil Appeal No. 59 of 1989. Civil Appeal No. 60 of 1989. (From the judgment and order dated 25 May 1989 passed by the High Court Division, Rangpur Bench in Writ Petition Nos. 8 of ......smissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......irst held on 10 February 1988. There were three to four polling stations in each of these Unions, but due to disturbances the election was stopped by the Presiding Officers in three polling stations, one in each Union. The Returning Officer, by an order dated 5 April 1988, fixed the date for adjou..Category: Election Law | Date: | Hits: 163
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ....... Asrarul 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.......petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......resent: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dhaka, Bangladesh and ors...…………..Category: Employment/Service Law | Date: | Hits: 98
Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)
....ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ......tructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Sajjadul Huq, Advocate-on-Record — For the Respondent (State) Criminal Appeal No. 11 of 1986. (From the judgment and order dated 13.1.86 passed by the High Court Division, Barisal Bench in Criminal Appeal No. 139 of 1......r before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ......ecting the accused-appellant's prayer for bail pending disposal of the appeal. While granting leave we directed release of the appellant on ad interim bail to the satisfaction of the Deputy Commissioner. And also directed that the matter would be heard expeditiously. 2. The appellant was convic..Category: Criminal Law | Date: | Hits: 64
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....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. ......ord— 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 19......rrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......, Rash Mohan Adhikari, that he had taken lease of both the fisheries by his lease-deed dated 24 July 1983. Thereupon P.W.2, Nakul Chandra Malo, filed a petition of complaint before the Deputy Commissioner, alleging that the lessee (appellant No.2), the Fishery Officer and his clerk acting in collusi..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......whose blow the victims Nabiruddin and Abdul Gafur were killed. 6. The learned Additional Sessions Judge on consideration of the facts, circumstances and the evidence on record, by judgment and order dated 1.4.86, found the appellant guilty under section 302 of the Penal Code and sentenced him......rder of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......ion (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abed Ali……………………………………………………………...Condemned prisoner-Appellant. Vs. The State………………………………………………………....Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......ts Rafique-ul-Huq, Senior Advocate, Fazlul Hoque, Advocate with him, instructed by Sajjadul Huq, Advocate-on-Record —For the Respondent. Civil Appeal No. 23 of 1989. (From the judgment and order dated 9.6.1988 passed by the High Court Division, Dhaka in Writ Petition No. 50 of 1985). J......d without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......, Article 102 Promissory Estoppel Notification dated 3.10.84 under section 19 of the Customs Act was issued without any condition, limitation or restriction excepting those which have been mentioned as “terms and conditions”. The subsequent notification dated 6.11.84 can have no operation ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......cord— For the Appellant. Habibul Islam Bhuiyan, Advocate, instructed by Md. Ayub, Advocate-on-Record — For the Respondent. Civil Appeal Nos. 70 & 71 of 1989. (From the judgment and order dated 21.8.1989 passed by the High Court Division, Dhaka in Income Tax Reference Nos. 8 &......te Division (Civil) Present: Badrul Haider Chowdhury J MH Rahman J ATM Afzal J Commissioner of Taxes, Dhaka (West) Zone, Dhaka.……………......Appellants Vs. Shahabuddin Ahmed..……………………………………………………..............Respondent J......t. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......e of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing proper judgement may be necessary but having all the materials on record......f by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......19/420/409 Penal Code read with section 5(2) of Act II of 1947 and sentenced to rigorous imprisonment for 4 (four) years and a fine of Tk. 2,25,000/- in default to rigorous imprisonment for further one year by the Divisional Special Judge, Dhaka in Special Case No.96 of 1983 on 14.3.85. 3. It i..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....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. ......……………………...Defendant-Petitioner Vs. Shaikh Moslem Ali....…………………….................Plaintiff-Respondent Judgment January 7,1990. Result: The impugned order of the High Court Division is modifie. The Code of Civil Procedure, 1908 (V of 1908), Orde......he High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......rt Appellate Division (Civil) Present: Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mustafa Kamal J Anwar Hossain Bhuiyan………………………………...Defendant-Petitioner Vs. Shaikh Moslem Ali....…………………….................Plaintiff-Respondent ..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......cate-on-Record. —For the Appellant. M. Nurullah, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record. —For the Respondent Nos. 1 and 2. Dead: Substitution exempted vide order dated 28.1.86. —Respondent No. 3. Civil Appeal No. 35 of 1985. (From the judgment and ......merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......h the death of Raj Kumar in 1939 his successors-in-interest became simply trespassers………..(14) Title by adverse possession has to be specifically pleaded and proved. The appellant's case was one of acquisition of title by settlement. The trial Court found that the case of settlement has not..Category: Tenancy Law | Date: | Hits: 169
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
.... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......at Ali Khan, Advocate with him), instructed by Nowab Ali, Advocate-on-Record — For Respondent No. 1. Not represented—Respondent Nos. 2—6. Appeal No. 20 of 1989. (From the judgment and order dated 13 December, 1988 passed by the High Court Division, Dhaka in Writ Petition No. 602 ......issed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......Ahmed J. - In this appeal by special leave, the only question for consideration is whether the High Court Division in its Writ jurisdiction rightly refused to interfere with an order for re-poll in one of the Polling Stations in connection with the election to the office of Chairman of Nalua Union..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......p; Amirul Kabir Chowdhury J. - Government of Bangladesh represented by the Secretary, Ministry of Fisheries and live stock and 4 other writ respondents seek leave to appeal against the judgment and order dated 10.05.2005 passed by a Division Bench of the High Court Division in writ Petition No. ......ted to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......ivision (Civil) Present: Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Government of Bangladesh & ors...............Petitioners (In all the cases) Vs. Md. Hasan Shahid & ors...........................Res..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......, instructed by Mrs. Azra Ali, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent No.2 Civil Petition for leave to appeal No.56 of 2005. (From the Judgment and order dated 13.12.2004 passed by the High Court Division in Civil Revision No.4504 of 2004.) ...... The parties are directed to maintain status-quo till disposal of the appeal. Ed. ...... J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Divisional Forest Officer, Dhaka Forest Division, Forest Bhaban, Gulshan Street, Mohakhali, Dhaka, and others ............petitioners Vs. Zahid Maleque and another...........Respondent Judgement June ..Category: Property Law | Date: | Hits: 48
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