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A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....or the respondent. Criminal Appeal No. 2797 of 2002 Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convicting the ap...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 61
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
.... Ruhul Quddus J. - This Rule at the instance of the first party-petitioner in a proceeding under section 145 of the Code of Criminal Procedure was issued to examine the legality of judgment and order dated 8.4.1993 passed by the Additional Sessions Judge, Habiganj in Criminal Revision No.67 (1) of 1......ted the receiver to hand over the entire 116 decimals of land to him, which is an apparent error. Moreover, nowhere in his judgment, the Upazila Magistrate discussed as to how he apprehended imminent breach of peace, which was a requirement to pass an order under section 145 of the Code. 9. The ..Category: Property Law | Date: | Hits: 53
....by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2
Not represented- For Respondent Nos.1 & 3.
Civil Petition for Leave to Appeal No.159 of 2011.
(From the judgment and order dated 29th November, 2010 passed by the High Court Division in Writ Petition No.4379 of 2007)
Jud......Railway authority took back 31 decimals of land and leased the same to other persons leaving the petitioners in possession of .60 acre of agricultural land. According to the petitioners, there was no breach of the terms of the license nor was there any allegation that the nature and character of the..
Category: Property Law | Date: | Hits: 69
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
.... A. K. M Zahirul Haque, Additional Attorney General, instructed by Md. Musfiqur Rahman, Advocate-on-Record-For the Respondent. Criminal Appeal No. 47 of 2009. (From the judgment and order dated 3.3.2008 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) Judgment&n......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 100
State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)
....sain, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 440 of 2009. (From the judgment and order dated 10.8.2009 passed by the High Court Division in Criminal Appeal No.1628 of 1996.) Order S......lity. It is further contended that the accused-respondent was admittedly entrusted with the money in his capacity as a public servant for delivering the same to the recipient Moktar Hossain committed breach of trust and misappropriated the same and therefore, he could not have been acquitted of the ..Category: Criminal Law | Date: | Hits: 77
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
.... Nurul Islam Sujan, Advocate, instructed by Mrs. Shahanara Begum, Advocate-on-Record-For the Respondents (In both the appeals) Criminal Appeal Nos. 25-26 of 2004. (From the judgment and order dated 17.4.2002 passed by the High Court Division in Criminal Appeal Nos.2524 and 2529 of 1998.) ......2. To substantiate a charge punishable under section 409 of the Penal Code, the prosecution is required to prove that the property was entrusted with the accused. When section 405 defines ‘criminal breach of trust’ speaks of a person being in any manner entrusted with the property, it does not c..Category: Criminal Law | Date: | Hits: 85
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
.... Abedin, Advocate-on-Record-For Appellants. Moniruzzaman, in person-For Respondent No.1 None represented-For Respondent Nos.2. Civil Appeal No. 106 of 2011. (From the Judgment and Order dated the 18th day of March, 2010 passed by the High Court Division in Writ Petition No.4480 of 2009......igma or making any accusation, not being a punishment as contemplated under Regulation 52(1) of Bangladesh Biman Corporation Employees (Service) Regulations, 1979, the question of any grievance for breach of the principles of natural justice for not giving notice or an opportunity of being heard d..Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....l the appeals). Not represented-Respondent Nos.3-4, 6-7, 14-15, 21, 23-25, 30, 39, 42, 43, 45- 50, 52-65. (In all the appeals). Civil Appeal Nos. 185-87 of 2004. (From the Judgment and Order dated 23-7-2002 passed by the High Court Division in Civil Revision Nos.3863, 4612 and 4613 of 1998)...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..Category: Property Law | Date: | Hits: 67
....te, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2.
Not represented—Respondent No.1.
Criminal Petition for Leave to Appeal No.349 of 2010.
(From the Judgment and Order dated 16-05-2010 passed by the High Court Division in Criminal Miscellaneous Case No.8044 of 2007).
...... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44...
Category: Criminal Law | Date: | Hits: 85
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....ve to Appeal No.1536 of 2011. Judgment Md. Abdul Wahhab Miah J.- In this petition for leave to appeal, the writ respondent-petitioners are seeking leave to appeal against the judgment and order dated the 12th day of December, 2010 passed by a Division Bench of the High Court Division in Writ P......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
.... Judgment Md. Abdul Wahhab Miah J. - Delay of 154 days in filing the petition for leave to appeal is condoned. 2. This petition for leave to appeal is directed against the judgment and order dated the 7th day of January, 2010 passed by the High Court Division in Writ Petition No.3354 of 200......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...Category: Employment/Service Law | Date: | Hits: 127
Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)
....represented-Respondent Nos. 2-8 Civil Petition for Leave to Appeal No.2186 of 2009. Judgment Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 04.08.2008 passed by the High Court Division in Writ Petition No. 6642 of 2008 making the Rule......eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ..Category: Civil Law | Date: | Hits: 76
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
.... with Amit Talukder, Assistant Attorney General- For the Petitioner. Not Represented- For the Respondent. Criminal Petition for Leave to Appeal No. 316 of 2009. (From the judgment and order dated 28.8.2008 passed by the High Court Division in Death Reference No.150 of 2004 with Criminal Ap......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 191
....ucted by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner.
None Represented-For the Respondents.
Civil Petition for Leave to Appeal No. 896 of 2009.
(From the Judgment and Order dated the 25th day of November, 2008 passed by the High Court Division in Writ Petition Nos. 4535, 4...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....ocate on Record - For the Appellant. B.B. Roy Chowdhury, Advocate, instructed by S.M. Huq, Advocate on Record - For the Respondent. Civil Appeal No. 85 of 1977. (From the Judgment and Order dated 16-11-3976 passed by the High Court in Civil Revision Case No.850 of 1975.) Judgment Kem......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...Category: Property Law | Date: | Hits: 87
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....ecord - For the Appellant. Mozammel Huq Bhuiyan, Advocate, instructed by S. S. Hoda, Advocate-on-Record - For the Respondents. Civil Appeal No. 32 of 1978. (From the Judgment & Order dated 24.2.77 passed by the High Court in Writ petition No. 205 of 1971) Judgment Badrul Haide......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
....ecord - For the Appellants. Mozammel Haque Bhuiyan, Advocate, instructed by S. S. Huda, Advocate-on-Record - For the Respondents. Civil Appeal No.108 of 1978. (From the judgment and order dated the 6th May, 1977 passed by the High Court of Bangladesh in Writ Petition No.486 of 1974). ...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165...Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....ff approaching this Court in an application under section 115 of the Code of Civil Procedure whereupon a Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 23-3-1988 passed by the learned Subordinate Judge, First Court, Barisal, in Miscellaneous Case......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....ween 21-4-88 to 25-4-88 overdrew Taka 3,35,00.00. The said respondent deposited Taka 12,000.00 on 26-4-88 but over-drew Taka 4,03,000.00 on 27-4-88. Altogether he has withdrawn Taka 85,000.00 on that date. On 31-7-88 respondent No.4 deposited Taka 6,84,775.00 and on 1-8-88 he had withdrawn the entir......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170...Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
.... the Petitioner. MA Jalil with Mostafa Kamal Pasha, Advocates - For the Opposite Parties. Civil Revision No.1515 of 1995. Judgment Gour Gopal Saha J.- In this Rule the judgment and decree dated 16-1-95 (decree signed on 21-1-95) passed by the learned Additional District Judge, Chittagong......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...Category: Procedural Law | Date: | Hits: 68
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