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Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)

.... and while reached Eidgah field, four persons obstructed his way and tried to snatch away key of the van which was car­rying them and that the miscreants put him into a ditch when he refused to hand over the key and then they snatched away the key and thereafter looted away TK. 95,000/- along......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 52

Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)

.... provision of Section 7(2) (f) of the Ordinance has no manner of application in this case. 6. Mr. Abdur Rob Chowdhury, the learned Counsel appearing for the respon­dent Nol, on the other hand, contended that the appellant admittedly withdrew a sum of TK. 20,000/- on 13-05-2002 for impl......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ..

Category: Election Law | Date: | Hits: 108

Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)

....authorizes an authority to make an order and it also authorises power to cancel the same. 8. Md. Nowab Ali, the learned Advocate-on-record appearing for the respondent No. 2 has, on he other hand argued that the Labour Court having con­sidered the said memorandum dated 1-1-1981 that a ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 55

Mainul Islam Vs. State and others, 2006, 35 CLC (AD)

.... with deadly weapons includ­ing pistol, hockey stick etc. obstructed them in their watt and that one of the unknown accused assaulted Ataur Rahman Toni on his head with the pistol lying in his hand and accused respondent Obaidul Huqe assaulted Ataur Rahman Toni indiscrimi­nately with hok......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)

....form­ant and his two other brothers P.W.3 and 3 as usual wakeup from sleep and no sooner they had come in front of the house, the accused started beating them indiscrimi­nately and blasted hand bombs to terrorize them when the accused Farook shot at him (deceased) with pipe gun which hit......in the Mosque was returning home and reached in front of their house then these three petitioners along with others being armed with Pipe Gun, Ram-Dao, Bomb, Hockey Stick etc chased him and blasted bombs and he thereupon entered his house and shouted for help. Petitioners and others entered into..

Category: Criminal Law | Date: | Hits: 25

Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)

....atement, we find that the con­viction was solely based on retracted con­fession which was obtained as result of tor­ture by police who paralyzed the accused- petitioner's power of right hand and there­fore it was not voluntary and this aspect in very much in the evidence of RW. 17......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..

Category: Criminal Law | Date: | Hits: 53

Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)

....s. Ed. ......r­cumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 35

Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)

....allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 37

Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)

....Ltd Vs. High Trees House Ltd, 1974 QB 130. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate -on-Record- For the Appellants Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate- on- Recor...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 41

Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)

....on No. 459 of 1993 discharging the Rule. 2. Short facts are that the 'Kha' schedule property in the district of Kushtia belonged to Shibnath Ghose predecessor of defendant No.1 and 2, Nemai Chandra Ghose, predecessor of defendant No.3 and Bishnupada Ghose, defendant No. 4. The plaintiff by......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)

.....7, 7(a),7(b) and the trial court considered these papers and came to the conclusion that these are quite sufficient to prove the plaintiffs story of pattan. The lower Appellate Court on the other hand held that the Ext. 7 series do not bear the signature of anybody and no jama has been fixed in...... judgment and decree dated 26.01.1994  passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..

Category: Property Law | Date: | Hits: 34

Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)

.... properties of the Corporation from the list of abandoned property. The High Court Division in the aforesaid writ petition, as seen from the judgment passed thereof instead of making direction for handing over possession of the property to the Corporation rather directed the Respondent No.l i.e.......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 38

Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)

.... of Land wanted the file for taking decision to prefer appeal, which remained in the Ministry for ling time and was also misplaced. So the government has sufficient explanation of delay. On the other hand the learned advocate for the plaintiff-respondents argued that no such letter from the Ministry......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 156

Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)

....n Officer, Sylhet for taking necessary action by an inquiry and that on 2-9-1996, the Magistrate received the report submitted by the District Anti-corruption Officer containing the opinion of the hand writing expert and thereafter complainant filed an application for issuance of process. The Ma......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 37

Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)

....ansigence of the appellant company which eventually compelled the respondent workers to file the said IRQ cases. Section 7, therefore, is not applicable in the present case, 13. On the other hand, section 34 of the Industrial Relations Ordinance, 1969 can be construed to have conferred a r......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 95

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....(2008) 24, 19 BLT (AD) (2011) 07. ......o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ..

Category: Civil Law | Date: | Hits: 111

Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)

.... Mondal, 17 DLR 231; Azimuddin Bhuiyan V. District Registrar, Dhaka 20 DLR 355; Abdur Rahman V. Baser Ali, 21 DLR 599; Abdur Rahman @ Abdul Rahman V. Maklis Ali, 31 DLR (AD) 118; Lebu Miah V. Ganesh Chandra, 34 DLR (AD) 220; Aftab Mia V. Wahab Ali, BCR 1982 AD 87; Jainullah and another Vs. Anu Miah ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..

Category: Procedural Law | Date: | Hits: 119

Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

....ondent obtained the contract in the name of the firm M/s. M. Rahman and Associates. According to respondent, it was a partnership firm since 1978 but he severed his connection on 2.2.85. On the other hand, the appellant pointed out Ext. 6 the applica­tion of the respondent for obtaining the contrac......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

Comilla Electric Sup­ply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)

.... against said parallel line but that was of no avail. It became difficult for the assessee to run business. The Assessee company was put to the dilemma whether to stop the business running at loss or hand over the same to WAPDA which was willing to purchase the same. In the cir­cumstances the asses......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. ..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)

....e date of the suit. And thus the prayer for interest from date of the suit was allowed by the court and that concludes the matter………………(15 & 16) Cases Referred to— Seth Manakchand, AIR 1944 Privy Council 46; AIR 1924 Madras 102; AIR 1931 Madras 650; AIR 1940 Madras 29. La......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..

Category: Civil Law | Date: | Hits: 113