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Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... Not Represented-Respondent No. 1 (In all the cases) Criminal Petition for Leave to Appeal Nos. 165-167 of 2001. (From judgements and orders dated 8-8-2001 passed by the High Court Division in Criminal Miscellaneous Case Nos. 7753, 7754 an......000 which were discharged by the High Court Division on the ground that the civil suit will not be in any way a hindrance to proceed in criminal cases since there is no possibility of any conflicting decision in the civil suit and the criminal cases. 4. The lea..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
....ul‑Huq, Senior Advocate instructed by Md. Wahidullah, Advocate‑on‑Record ‑ For the Respondents (In all the cases) Civil Appeal Nos.142‑148 of 2000. (From the judgment and order dated 22nd August 1994 passed by the High Court Division in Writ Petition Nos. 728, 802, 803 & 8...... and maximum production with reference to preceding year's actual production which is relatable to the position in the market and that the delegated legislation is excessive one and has referred to a decision in the case of Zaibtun Textile Mills Ltd Vs. Central Board of Revenue reported in PLD 1971 ..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
....orney-General — For the Respondents.
Writ Petition No. 4101 of 1999.
Judgment
Md. Abdul Matin J.-The petitioner in this Rule has challenged an order being No. AP47/66/4392/Kashar dated 29-6-1998 passed by and under the signature of Assistant Commissioner, Housing and Settlement ......support of his contention he has referred to the case of Jabed Ali Vs. Abu Sheikh, being dead his heirs Md. Naimuddin and others reported in 1983 BLD (AD) 1 = 35 DLR (AD) 31. He next submits that the decision of a meeting under the chairmanship of the Secretary of the Ministry of Works is not the la..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
.... Sk Rezaul Karim, Assistant Attorney-General — For the State. Criminal Appeal No. 773 of 1987. Judgment Gour Gopal Saha J. - This appeal arises out of the judgment and order dated 24-6-87 passed by the Additional Sessions Judge, Netrokona in Sessions Case No. 224 of 1984, c......or determination in the appeal is whether the learned Additional Sessions Judge was justified in convicting and sentencing the accused appellant under section 302 of the Penal Code. Findings and decision 9. The learned Assistant Attorney General appearing for the State has placed before us..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....ame back to his house at village Maijhati from the house of his father-in-law with his wife, children and the wife of his brother-in-law in the afternoon. Thereafter at the time of Magrib on the same date the condemned prisoner entered the south bhiti hut of his father at about 7-00 PM on the plea o...... evidence, the condemned prisoner was examined under section 342 of the Code of Criminal Procedure when he stated that due to his brain defect he could not say what he did and left the matter for the decision of the Court. In reply to a question put by the Court as to whether he wanted to lead any e..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....; Not represented‑Respondent Nos. 2‑5. Civil Petition for Leave to Appeal No. 1722 of 2001. (From the judgment add order dated 31 at May 2001 passed by the High Court Division In Civil Revision No. 4415 of 1997). ......case of Sangsad vs. Land Control, AIR 1966 Allahabad 221 wherein it has been held by a Full Bench of the Allahabad High Court presided over by SK Verma, J that: “In our view, this decision of the Supreme Court furnished a complete answer to the question referred to us. It makes i..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
.... Respondents‑Not represented (In Criminal Review Petition No. 27 of 2000). Civil Review Petition Nos. 27 and 28 of 2000. (From judgment and order of the High Court Division dated 7‑7‑1999 passed in Writ Petition Nos. 1787 and 2259 of 1998). Judgment ......ver, the submission of the learned Advocate-on‑Record has already been answered and the same could not be ground for review, for a review is by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but lies on patent error but no such patent error could be pointed ..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).
....vocate‑on‑Record‑For the Respondents. Not Represented‑The Respondents. Civil Review Petition Nos. 27 and 28 of 2000. (From the judgment and order dated 5th March 2000 passed by the Appellate Division in Civil Petition for Leave to Appeal Nos. 1......ndents Judgment January 22, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Review is by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but lies on patent error……………&he..Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....02 of the Constitution of the People's Republic of Bangladesh sought personal security and protection from harassment and obtained a Rule. 8. The Metropolitan Magistrate, Dhaka by order dated 19.5.1999 sent the case record to the Chief Metropolitan Magistrate, Dhaka for recording Order......ustice is but fairness, Justice is what Justice does and this justice has achieved something like the status of a Fundamental Right. Justice demands that there must not only be a fair hearing but the decision itself must be fair and reasonable. The presence of the High Police Officer and Police repr..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....r Advocate, M Farooq Ahmed, Anisul Huq and Mosharraf Hossain, Advocates- Special appointment by the Government. Criminal Appeal No. 39 of 2001. (From judgment and order dated 22nd day of August, 2001 passed by the High Court Division in Criminal Miscellaneous Case No. ......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
.... of 1994. Judgment Md. Abdur Rashid J. - The above Rule was obtained by the judgment debtor upon making an application under section 115 of the Code of Civil Procedure against order No. 101 dated 11-8-94 passed by the Subordinate Judge, 2nd Court at Mymensingh in Officer in Charge Executio......de order No. 49 dated 6-1-91 ordered for analogous execution of execution case Nos. 2 and 3 of 1989 with execution case No. 8 of 1983. It is submitted thereupon that the revision application involves decision on disputed questions of fact, resolution of which is not possible and the Rule is therefor..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....d directions of the High Court Division, should not be declared unconstitutional, illegal and without jurisdiction and is of no legal effect, and why the judgment and order of conviction and sentence dated 1-12-1998 passed by Mr. Ikteder Ahmed, Bicharak (District and Sessions Judge), Nari-O-Shishu N......ing that he may have attained the age of sixteen years during that period”. From the impugned judgment and order of conviction passed by the learned Tribunal it is found that the Tribunal came to a decision that the age of petitioner No. 2 Alamgir Hossain was 14-15 years at the time of occurrence...Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
.... Advocate-on-Record — For the Respondent No. 2. Not represented — Respondent Nos. 1, 3 & 4. Civil Petition for Leave to Appeal No. 483 of 2001. (From judgment and order dated 6-2-2001 passed by the High Court Division in Writ Petition No. 2722 of 2000). Judgment ......entioned in Clause (2) or as to whether a member of Parliament should vacate his seat pursuant to Article 70, the dispute shall be referred to the Election Commission to hear and determine it and the decision of the Commission on such reference shall be final. (5) Parliament may by law make suc..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....(e). Not represented—Respondent Nos. 2-21. Civil Appeal No. 29 of 1998. (From the Judgment and Order dated 28th July, 1996 passed by the High Court Division in First Appeal No. 343 of 1970). ......f possession, when the parties have led evidence relating to the said matter in issue in the suit. In a suit contention of the respective parties in respect of a matter having bearing in the ultimate decision in respect of a matter in issue in the suit, when there is evidence either documentary or o..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....3 Ex Parte — Respondent Nos. 1, 2, 4-6. Criminal Appeal No. 41 of 2000. (From the judgment and order dated 10-7-2000 passed by the High Court Division in Contempt Petition No. 18 of 2000 arising out of......er failed to discharge, rather it is found the available materials that during pendency of contempt petition on 29-6-2000 the appellant passed an order directing release of the property and on date a decision was taken to evict contemner No3 and the occupier was directed to vacate the premises by 5-..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....m their record that registration stands in the name of others the results of the petitioners were withheld and ultimately cancelled. 37. Mr. Ashadullah next submits that since the number of candidate for the examination was very high it was not possible for the Board to detect the irregularitie......he said application forms for registration to Madrasha Board. 44. The principle of audi alteram partem i.e. no one can be condemned unheard, is an established principle of law and in a series of decisions it has been so held. In the case of Abdur Saboor Khan Vs. Karachi University & Control..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)
.... Md. Fazlul Karim J.- This petition for leave to appeal by the petitioner Board is directed against judgment and order dated 27‑11‑2000 passed in Writ Petition No. 5537 of 2000 discharging the Rule thereby ......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78
MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)
....ds. Firstly, the case is not maintainable as it was not filed by the payee or the holder of the cheque and secondly, the cheque was not presented to the bank within a period of 6(six) months from the date on which it was drawn. 4. The learned Lawyer for the petitioner has argued first that the ca......wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ..Category: Banking Law | Date: 3 Jul, 2001 | Hits: 267
Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).
....p; Md. Ruhul Amin J.- Respondent No. 1 of the Writ Petition No. 1041 of 2000 has filed this petition for leave to appeal against the judgment and order dated 10th August, 2000 by a Division Bench of the High Court Division making the Rule absolute decl......ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
......…….Opposite Party Judgment June 3, 2001. Result: Converted Criminal Revision Petition (case) is allowed. Rule issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-180 of ......ranted is quite another thing. It is easier to resist a bail Application in a non-bailable case than to cancel a bail granted in such a case. Cancellation of bail necessarily involves the review of a decision already made, and can by and large be permitted only if, by reason of supervening circumsta..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
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