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Abu Taleb Vs. State, 2007, 36 CLC (AD)
....ion 385 of the Penal Code and after investigation charge sheet was submitted on 27-1-1996 against the petitioner under section 385 of the Penal Code. The petitioner was allowed bail by the learned Chief Metropolitan Magistrate, Dhaka on 5-7-1995 but during trial he was absconding. 3. Be t...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
Serajul Hoque (Md) Vs. Government of BanglaÂdesh, 2007, 36 CLC (AD)
....f Senior Deputy Director to respondent No. 4. 3. In Writ Petition No. 94 of 2003, the writ petitioner challenged the order dated 12-12-2002 promoting respondent No.4 to the post of Assistant Chief Hydrographer, Senior Deputy Director (Survey) BIWTA. 4. Short facts are that the writ p......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 59
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....ut filing a proper suit for declaration of title and recovery of possession and, as such, the writ petition is not maintainable. The MLO No. 128 of 86 dated 13-5-1986 having been issued by the then Chief Martial Law Authority, the same was protected under Act No.1 of 1986 and, as such, writ peti......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......d persons, the said land was included in the list of Enemy Properties (now vested property) in VP Case No. 566 of 1968. The Ministry of Land by Memo dated 30-10-1989 informed the Additional Deputy Commissioner (Revenue) Dhaka, that the land has been released from the vested property list. The Go..Category: Property Law | Date: | Hits: 37
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
...., Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....the above schedule are filled up by the Engineer-in-charge on the issue of the form prior to the submission of the tender. Sd/Illegible. Signature of the Contractor. Signature of the Chief Engineer/DCE/EE 7. Owing to difficulty in obtaining certain materials in the open marke......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
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. ...... 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. ......te as a witness. The accused have been denied the opportunity to cross examine the magistrate. In criminal trial the prosecution is obliged to establish by evidence that the crime has been committed. Commission of dacoity has not been proved by adducing evidence except statement in the ejahar. When ..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. ......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. ......t Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The People's Republic of Bangladesh, represented by the Deputy CommissionÂer, Chandpur and others.…………....Appellants Vs. Md. Ibrahim Bepari and othe..Category: Property Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......€¦â€¦â€¦â€¦....Appellant Atiur Rahman Munshi………………………….................Appellant Nurul Islam Sarkar....………………………….................Appellant Vs. Election Commission and others....…………………………….Respondents (In all the appeals)......€¦....Appellant Atiur Rahman Munshi………………………….................Appellant Nurul Islam Sarkar....………………………….................Appellant Vs. Election Commission and others....…………………………….Respondents (In all the appeals) Judgm..Category: Election Law | Date: | Hits: 163
Atiqur Rahman and anÂother Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ant No.2, 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..Category: Criminal Law | Date: | Hits: 45
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....n 1984. Hence, the GovernÂment decided to import sugar under Wage Earners' Scheme and in that view of the matter certain forÂmalities were waived by the Government namely, prior permission from the Chief Controller, Imports and Exports, etc. Government decided that all regisÂtered importers havin...... 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. ...... exporters were in character executive, the Union Government and its officers were not entitled at their mere whim to ignore the promises made by the Government. It could not be said that the Textile Commissioner was the sole judge of the quantum of import licence to be granted to an exporter, and t..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....he terms of the President's Order No. 21 of 1973. Little legislative history is necessary. The High Court of Bangladesh was established by P.O. 5 of 1972 dated 17.1.72 and Article 3 provided that the Chief Justice and the judges shall hold office" on such terms and conditions as the President may de......ed and the decisions of the courts below are afÂfirmed 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. ......s to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Zaker Hossain Vs. Abdur Rahim and OthÂers, 1989, 18 CLC (AD)
.... available by way of election petition before the Tribunal. In the circumÂstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..........……………………………...Respondents Judgment March 19, 1989. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Art. 102 Election Commission may direct re-poll, or accept the result of a poll though disputed by some candi......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦...Respondents Judgment March 19, 1989. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Art. 102 Election Commission may direct re-poll, or accept the result of a poll though disputed by some candidates. El..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
.... Constitution stated that theywere in the service of the Government in the 1st and 2nd live stock development projects since 1977 and were guided by recruitment rules approved by Chief Martial Law Administrator through memo dated 16.10.1986 which is materially identical with th......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. ......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. ..Category: Employment/Service Law | Date: | Hits: 56
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ent No.2 is the Chairman and respondent No.3 is the Vice-Chairman and are the principal initiÂating sponsors of the respondent No.1 compaÂny; respondent No.4 is the Managing Director as well as the Chief Executive of respondent No.1 company and respondent No.5 is the Registrar of Joint Stock Compa......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
.... without filing a proper suit for declaration of title and recovery of possession and as such the writ petition is not maintainable. The MLO No. 128/86 dated 13.05.1986 having been issued by the then Chief Martial Law authority, the same is protected under Act No.1 of 1986 and as such writ petition ......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....cused respondent Nos.1 and 2 were to cheat and deceive the petitioner and, finding no other way the petitioner filed the above C.R. Case No. 4690 of 1999 after sending due notice and then the learned Chief Metropolitan Magistrate, Dhaka, after taking cognizance, issued summons upon the responÂdent ......counsel of the petitioner merit considÂeration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additionÂal grounds. Ed. ......counsel of the petitioner merit considÂeration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additionÂal grounds. Ed. ..Category: Criminal Law | Date: | Hits: 50
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
....mad Hossain & others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. Lawyers Involved: Mahmudul...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... Dhaka in Metropolitan Criminal Revision No. 15 of 2002 arising out of Mirpur P.S. Case No. 76(8) 2001 under section 302/34 of the Penal Code allowing revision and reversing those dated 5.1.2002 of Chief Metropolitan Magistrate, Dhaka canceling the bail of the accused respondent. 2. The pe...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ...... of Chief Metropolitan Magistrate, Dhaka canceling the bail of the accused respondent. 2. The petitioner lodged an F.I.R. stating, inter alia, that informant's late husband was the Ward Commissioner for Ward No. 12 under Dhaka City Corporation. On 25. 8. 2001 at about 9 a. m. the info..Category: Criminal Law | Date: | Hits: 31
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