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Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)

....d bail. 3. After investigation, the investigating officer submitted final report on 08-05-2001 stating that during investigation, the informant failed to produce any witness and on the other hand, he applied to the Registrar of the Supreme Court of Bangladesh to seize the deed in question...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ..

Category: Criminal Law | Date: | Hits: 39

Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)

....ion 106 of the Transfer Property Act by registered post with A/D through his lawyer on 20.09.1995 determining the tenancy from 1st April, 1996 and that, by that notice the defendant No.1 was asked to hand over the vacant possession of the suit premises to the respondent on the expiry of March, 1996 ......we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ..

Category: Tenancy Law | Date: | Hits: 184

Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)

....vance of violation of their fundamental rights before the Administrative Tribunal. The wrong complained of being inextricably mixed up, in our opinion, High Court Division was justified to lay its hand in writ jurisdiction for prevention of injury and. vindication of justice and. to protect fund...... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ..

Category: Employment/Service Law | Date: | Hits: 69

Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)

....te Division (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Khandker Zillul Bari and another................Appellant Vs. State.................................. to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..

Category: Criminal Law | Date: | Hits: 94

Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)

.... judgment of the Appellate Division through a series of proceedings over the years, the same cannot be sustained in law. 16.The learned Advocates, appearing for the respondents, on the other hand, supported the impugned judgment of the High Court Division and it is argued that sending back......cogent ground for interference in the impugned judg­ment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..

Category: Procedural Law | Date: | Hits: 86

Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)

....rind from the PW 2. PW 1, Saker Ali opposed the accused No.1. Then the accused No.1 went to his house and again came with the other co-accuseds. Accused Emadul dealt an axe blow to PW 1 aiming his hand in order to kill him. The blow hit the jaw of the PW 1 Saker Ali and he fell down on the groun......ate  had  no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 34

Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)

....)109 = 34 DLR (AD) 285. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record—For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate- on-Record&mdash......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..

Category: Administrative Law | Date: | Hits: 94

ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....advised AB Bank that it might proceed under section 17 of the Act. It cannot be said that Bangladesh Bank had unduly dictated AB Bank to proceed against the petitioners under section 17. On the other hand, Annexure-A series show that the notices in questions have actually been issued by the Managing......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ..

Category: Banking Law | Date: | Hits: 139

Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)

....gh Court Division acted without jurisdiction in excluding the ballot papers for such omission. …………………….(45) Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, (Moudud Ahmed, Senior Advocate and Abdur Razzaque, Adv......sinking the boats by which the voters were to cross the river. They also obstructed the voters of the minority community to come to Tarabuniya Government Primary School centre by explosion of hand bombs and showing firearms. As a result most of the voters of the minority community of some villag..

Category: Election Law | Date: | Hits: 126

Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)

....n the provisions of trust deed? The District Judge acting as a persona designata will powerless to interfere and the vacuum cannot be filled up by any other provisions of the trust deed. On the other hand, when under the Trust Act the District Judge has been conferred substantially the same powers, ...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ..

Category: Trust/Waqf Law | Date: | Hits: 185

Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)

..... ...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ..

Category: Criminal Law | Date: | Hits: 45

Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)

....ed in: 30 DLR (SC) (1978) 247. ......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..

Category: Civil Law | Date: | Hits: 89

Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)

....i Baksh Singh v. Habib Shah, 40 IA 151; Akina Bibi v. Mohammad Ali, 45, CWN 392; Lachhman Rai v. Jang Bahadur Rai, AIR 1934 Allahabad 287;  Mohanlal v. Khushalibai, AIR 1937 Sind 101; Ganesh Chandra Basu v. Bashu Leskar (1958) DLR 79= PLD 1958 Dac, 295. Lawyers Involved: Moinu......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222.   ..

Category: Civil Law | Date: | Hits: 116

Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)

.... Khan, Deputy Attorney-General, and M/S. B. B. Roy Choudhury and A. W. Bhuiya, Assistant Attorney-General, instructed by M. R. Khan, Advocate on Record—For the Res­pondents. M. H. Khandker, Senior Advocate with A. T. Kamrul Islam, Advocate— For the Petitioner. Not Re......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207.  ..

Category: Constitutional Law | Date: | Hits: 307

Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)

....Punjab vs SS Singh reported in AIR 1961 (SC) 493, RK Jain vs Union of India reported in AIR 1993 (SC) 1769 and SR Bommai vs Union of India reported in AIR 1994 (SC) 1918. 17. On the other hand, Mr. Amir-ul Islam, the learned Counsel appearing for the respondents, it submits that the com......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..

Category: Constitutional Law | Date: | Hits: 124

Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)

....nt No. 1, hav­ing not delivered possession of the balance portion of 0.28 acres acquired land, the appellant No.1 who paid the full amount of compensation, requested the concerned authority for handing over to them the above 0.28 acres of land whereupon the Deputy Commissioner, Chittagong di...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..

Category: Labour and Industrial Law | Date: | Hits: 83

Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)

....ts Judgment January 3, 2008. The Evidence Act, 1872 (Act No. I of 1872), Section 73 In view of the presently available advanced science and technology the opinion of handwriting expert is preferable to the Court’s exercising power under section 73 of the Evid......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ..

Category: Civil Law | Date: | Hits: 110

State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)

....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed with­out any order as to costs. Ed. ......occurrence while he was riding on his motor bike was met by the accused respondent and others in the way who attacked him with hockey stick etc. and they created terrorism by exploding cocktail and bombs and the respondent snatched away Tk.1,00,000/- (one lac) from his pocket and the learned Mag..

Category: Criminal Law | Date: | Hits: 71

Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)

....g the tariff value. 23.  In the case of Mustafa Kamal Vs. The Commissioner of Customs reported in 52 DLR (AD) 1 this Court found that there was no relevant and reliable materials in the hands of the Committee in its meeting held on 21.8.1996 to show any justification  for increas...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

...., 10 DLR 472; Delbaz Vs. Sarada Sundari Debya, 13 DLR 334; Abdullah and others Vs. Abdul Karim and others, 20 DLR (SC) 205; Ajufannessa Bibi Vs. Safar Mia 30 DLR (SC) 41. Lawyers Involved: MH. Khandkar, Senior Advocate, (AG Moham­mad Ali, Advocate with him) in­structed by Md. Aftab Hossain, ......ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..

Category: Property Law | Date: | Hits: 38