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Abul Khair Vs. State, 2005, 34 CLC (AD)

....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..

Category: Criminal Law | Date: | Hits: 52

National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)

....spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......001 passed by the High Court Division in Writ Petition No. 4004 of 1998 making the Rule absolute declaring the order dated 26.10.1998 (Annexure-F to the writ petition) passed by the Tax Settlement Commission, writ-respondent No. 2 in Tax Settlement Application Nos.830-834 of 1998 wrongly written..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..

Category: Tenancy Law | Date: | Hits: 194

B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)

....the Secretary to the Election Commission dated 29.3.88 to the effect "Seen, we may accept result as given in the Centre and no re-poll be taken in Joygunnessa High School Centre." It appears that the Chief Election Commission and the member en­dorsed the view on 31.3.88. Dr. Kamal Hossain can­vass......vil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J B. D. Habibullah..................………………………………..... Petitioner Vs. Election Commission and others.................................Respondents Judgment June 11, ......resent: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J B. D. Habibullah..................………………………………..... Petitioner Vs. Election Commission and others.................................Respondents Judgment June 11, 1989. ..

Category: Election Law | Date: | Hits: 146

Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)

....t Division, Dhaka making the rule absolute in Writ Petition No. 1701 of 1988. 2. Material facts of the case are that the respon­dent, who was a Superintending Engineer and work­ing as Additional Chief Engineer (holding current charge) of the Roads and Highways Department was dismissed from serv...... the observa­tion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... the observa­tion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ..

Category: Criminal Law | Date: | Hits: 53

Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)

....atute made "final", certiorari can still issue for excess of jurisdiction or for error of law on the face of the record". 10. In the case of Azizul Huq Vs. S.M. Hanif, Ltd. 7 DLR 287 Ahmed, Acting Chief Justice, sit­ting in a Division Bench, in construing sub-section (6) of section 29 of the Eas......................................Respondent Judgment April 4, 1990. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, 1983, Rule 54(2) Election dispute There is no provision fo..........................Respondent Judgment April 4, 1990. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, 1983, Rule 54(2) Election dispute There is no provision for appeal aga..

Category: Election Law | Date: | Hits: 102

Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)

....he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......wn statement there is no other evidence or circumstance to show that he had gone to the hospital with his brother. 20. The statement Ext.1 is found to be attest­ed by one Abul Kashem said to be a Commissioner of the Municipality and PW 3 Nazrul Islam. Abul Kashem, a man having a better credentia..

Category: Criminal Law | Date: | Hits: 44

Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)

....investigation whereupon Subujbagh Police Station Case No.9(1) of 2001 was started against the respondent No.1 and others; thereafter the respondent No.1 voluntarily surrendered before the Court of Chief Metropolitan Magistrate, Dhaka and was granted bail, the above affidavit being submit­ted...... learned 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. ...... learned 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. ..

Category: Criminal Law | Date: | Hits: 39

Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)

....f the above, we do not find any cogent reason to interfere with the im­pugned judgment and decree of the High Court Division. The petition is, accordingly, dis­missed. Ed. ......f the above, we do not find any cogent reason to interfere with the im­pugned judgment and decree of the High Court Division. The petition is, accordingly, dis­missed. Ed. ......f the above, we do not find any cogent reason to interfere with the im­pugned judgment and decree of the High Court Division. The petition is, accordingly, dis­missed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 136

Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....xed by the trial court. The trial court thereafter would dispose of the suit in accor­dance with law. The appeal is accordingly allowed with­out any order as to costs. Ed. ......xed by the trial court. The trial court thereafter would dispose of the suit in accor­dance with law. The appeal is accordingly allowed with­out any order as to costs. Ed. ...... Ed. ..

Category: Property Law | Date: | Hits: 31

Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)

.... stay granted earlier shall con­tinue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ......y a Single Bench of the High Court Division in Civil Revision No. 3757 of 2004 discharging the Rule. 2. Short facts are that opposite party No. 1 as petitioner filed election petition being Election Tribunal Case No. 1 of 2003 in the Court of Assistant Judge and Election Tribunal Sadar, S...... stay granted earlier shall con­tinue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ..

Category: Election Law | Date: | Hits: 111

Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)

....ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ge dated 30.01.1970. The trial court, the appellate court and the High court Division held that deed of exchange was not notarized nor authenticated by any authorized officer of the Bangladesh High Commission in India and when the suit was pending in the trial court, notarization was obtained fro..

Category: Property Law | Date: | Hits: 59

Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)

....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......t and that the defendant No.1 sent the shipping docu­ments to the plaintiff after shipment of the goods and that the clearing and forwarding agent of the plaintiff filed application before the Commissioner of Customs for completion of the pre-delivery proceedings and accord­ingly the sam..

Category: Business or Commercial Law | Date: | Hits: 121

M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)

....152 of 2001 discharging the rule. 3. The facts, in short, are that the respondent No. 1 Md. Zahirul Haque as complainant instituted Criminal Case No. 1876 of 1997 in the Court of the learned Chief Metropolitan Magistrate, Chittagong under sections 406 and 420 of the Penal Code read with Sec......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of  the appeal. Ed. ......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of  the appeal. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)

.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Constitutional Law | Date: | Hits: 139

Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-opera­tive Office, Rajshahi & ors., 2005, 34 CLC (AD)

....e fully in agree­ment with the findings and decisions of the High court Division. In the aforesaid premis­es, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......e fully in agree­ment with the findings and decisions of the High court Division. In the aforesaid premis­es, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......e fully in agree­ment with the findings and decisions of the High court Division. In the aforesaid premis­es, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..

Category: Constitutional Law | Date: | Hits: 162

Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)

.... project and that Government gave sanction for keeping 29 posts which were earlier created at the time of starting the work of the project and by letter dated 25.11.2002 informed the office of the Chief Accountant of the Ministry of Agriculture about the Government sanction and that there has be......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Others | Date: | Hits: 87

Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)

.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. .......2004 (Annexure-D-1 to the writ peti­tion) appointing the present petitioners and another one to the post of Assistant Professor of Radiology stating, inter alia, that Bangladesh Public Service Commission (PSC) invited applications from the candi­dates for appointment in various posts inc..

Category: Employment/Service Law | Date: | Hits: 86

Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)

....hellip;…Respondents Judgement April 25, 2005 Cases Referred To- President vs. Mr. Justice Shaukat Ali, 1971 PLD (SC) 585; S. P. Gupta and others Vs. K.B.N. Singh (Chief Justice) and others, 1982 AIR (SC) 149; Dr. P. Nalla Thampy Thera Vs. Union of India and othe......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Others | Date: | Hits: 97

M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)

....ighest prices in all 14 groups and thereafter the tender com­mittee forwarded the tenders for approval by the zonal disposal committee headed by the writ   respondent No. 5 Additional Chief Engineer, P.W.D. and  that  on  receiving approval the respondent No. 2 The E......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ..

Category: Civil Law | Date: | Hits: 97