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Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....Managing Director was the same person and so was the position under P.O. No. 27 the post of Chairman was created but since no job / duty had been assigned to him, the Managing Director remained the Chief Executive and the Chairman is nothing but an ornament and also the submission that Article 9......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 90
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....e Supreme Court of Bangladesh (High Court Division) were dismissed from the services by order dated 25.07.1996 on charge of gross misconduct. During the pendency of their appeals before the Hon'ble Chief Justice they instituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (no...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....er section 435 read with section 439 of the Code of Criminal Procedure. 2. The petitioner was charge sheeted in a case under section 302/34 of the Penal Code now pending in the court of the Chief Metropolitan Magistrate, Dhaka arising out of G.R. No. 3646/East 1999 (Sutrapur P.S. Case No.......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ...... J Md. Saidur Rahman Shahid………………………………...Petitioner Vs The State, represented by the Deputy Commissioner, Dhaka and another…………… …...Respondents. ..Category: Criminal Law | Date: | Hits: 102
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..Category: Criminal Law | Date: | Hits: 129
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..Category: Employment/Service Law | Date: | Hits: 79
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......d that respondent No.1 was disqualified but without any success. The election was held on 20.5.1985 and the respondent was elected. 4. His election was challenged by the appellant before the Election Tribunal. The Tribunal, however, did not accept the contention of the appellant that respon......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......e has defaulted in paying the loan of Taka 10,000/- taken by him from Bangladesh Krishi Bank, Satkhira Branch. Thus he became a defaulter within the meaning of section 7(2)(g) of the Union Parishad Election Ordinance. 5. Certain facts are not disputed namely, the amount of loan was Taka 10,000/......erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......ry J Shahabuddin Ahmed J Chowdhury ATM Masud J Comilla Electric Supply Ltd.………………………………………………………………………….....Appellant Vs. The Commissioner of Income Tax, Chittagong Zone, Chittagong ..............Respondent Judgment Nov..Category: Fiscal/Taxation Law | Date: | Hits: 80
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......nd others.......………………....Respondents Judgment August 29, 1989. Result: The appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 The Union Parishad Election Rules, 1983, Rule 70 It does not appear that the respondent was very much keen or vigila...... findings made in the (Annexures ‘D’ & ‘E’) after all these months. He made no move after the district election officer had refused to accept his nomination paper to approach the Election Commission immediately which he did after two months of the election. His belated prayer was rejecte..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
.... order simply rejecting the plaintiffs' representation. They then submitted a representation on 12.3.82 to the then President of Bangladesh. Subsequently they made a representation on 4.6.82 to the Chief Martial Law Administrator and submitted all relevant papers. They received a communication in ......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......Supreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatu..Category: Property Law | Date: | Hits: 38
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ............................................Appellant Vs. Oli Ullah Khan and others ...........................................Respondents Result: The appeal is allowed. The Union Parishad (Election) Rules, 1983 Rule 70 The High Court Division ought not to have interfered in the matter ......ch of the High Court Division, Dhaka in Writ Petition No. 264 of 1988 making the Rule absolute. In that petition respondent No. 1, Oli Ullah Khan, challenged an order dated 1.4.1988 of the Election Commission directing to hold re-election in two Centres namely, Rajapur Primary School Centre and ..Category: Election Law | Date: | Hits: 111
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....onstrates the concern of the Government, the Ministry of Education which has now given full attention to the attended circumstances. In this view of the matter we would rather echo the words of the Chief Justice of Himachal Pradesh "However, the need for judicial intervention may not arise even in......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......956 under the provisions of East Bengal (Emergency) Requisition of Property Act, 1948 in L.A. Case No. 8/55-56. The land in question was transferred to the School Authority by the Additional Deputy Commissioner (L.A. and Relief), Dhaka on behalf of the Government by a deed of transfer in April’ ..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......dismissed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), sections 28 & 29(4) The Code of Civil Procedure, 1908 (V of 1908), section 24 Whether the District Judge as Election Appellate Authority can transfer an appeal against the decision of the Election Tribunal to......peal. It has been pointed out that section 28 of the Ordinance has made specific provision for transfer of an election petition from one Election Tribunal to another Election Tribunal by the Election Commission. It is submitted that there being no such specific provision for transfer of the Election..Category: Election Law | Date: | Hits: 125
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......drul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Shah Alam Mollah (Md).........................................................................Appellant Vs. The Election Commission Sher-e-Bangla Nagar, Dhaka and others..............Respondents Judgment A......er Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Shah Alam Mollah (Md).........................................................................Appellant Vs. The Election Commission Sher-e-Bangla Nagar, Dhaka and others..............Respondents Judgment April 31, ..Category: Election Law | Date: | Hits: 125
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......Court of Assistant Judge, Cox's Bazar. The Suit was filed by plaintiff-respondent No. 2 for declaration of title to and partition of the suit land. On the application of the appellants, an Advocate Commissioner was appointed for local inspection by order dated. 11.11.86. Respondent No.1 who is def..Category: Procedural Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Election Commission & others, 1989, 18 CLC (AD)
....gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......l) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Nurul Islam (Md)........................................................Appellant Vs. The Election Commission & others...................................Respondent Judgment Apri......sidering the report of the Presiding Officer and that of the Returning Officer which gave an appearance that the election was held peacefully the High Court Division set aside the order of Election Commission for re-poll. Respondent No.1 was also directed to publish the result of the election that..Category: Election Law | Date: | Hits: 114
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....imitation Act is a rule of extension of limitation, which applies within its terms, and as has been seen already its terms do not operate in relation to a legal entity such as the State of a Ruling Chief". 23. Section 13 of the Limitation Act occurs in Part III under the heading 'Computing of P......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ...... 63. ..Category: Procedural Law | Date: | Hits: 132
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