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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. ......of Houses", dated 18 March 1965, made between the then Government of East Pakistan and the allottee, Shamsuddin. The quarter was allotted to respondent No. 2, a displaced person from India, for a period of 99 years' lease for his own residence under certain conditions, such as, the allottee woul..Category: Property Law | Date: | Hits: 40
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
....order be forwarded to the Deputy Registrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ......tate.........................……………………………………………….....Respondent Judgment February 7, 1990. Result: The interim bail will continue only for a further period of four months from date or till disposal of the revisional application, whichever is earlier..Category: Criminal 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.......vernment (Union Parishads) Ordinance, 1983 (LI of 1983), section 26 Harmonious interpretation It is apparent that for change of polling station whether in the case of first election or repoll a period of fifteen days to intervene between the date of change and that of the poll is necessary. In..Category: Election Law | Date: | Hits: 163
Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)
....ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ...... The appellant getting ad-interim bail continued on such bail for 4 years without taking any serious efforts for hearing of the appeal. Ad-interim bail cannot be allowed to continue for indefinite period. Thus, the ad-interim bail is extended for 6 months and the appellant is directed for taking ..Category: Criminal Law | Date: | Hits: 64
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on correct 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.1 was District Fishery Officer-in-Charge, Faridpur and appellant No. 2 was the lessee of a fishery named "Kumar River from Chowkighat to Bhajandhi", under a lease-deed dated 24 July 1983 for a period of three years from 1390 B.S. The adjacent fishery is "Kumar River from Bhajandhi to Nilakhi ..Category: Criminal Law | Date: | Hits: 45
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....t the contention of the Government that the alternative remedy was not followed is not tenable because the alternative remedy given under section 194 is not an equally efficacious remedy because it stipulated deposit of 50% of the amount of penalty of the duty demanded. As such it cannot be effica...... 439 for coming to the conclusion that a Notification allowing exemption does create a right and found that the petitioner opened the Letter of Credit and brought the goods to Bangladesh within the period specified in the two Public Notices and, therefore, he had acquired a vested right to be trea..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are affirmed 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. ...... out in the Fourth Schedule shall have effect notwithstanding any other provisions of this Constitution. Clause 3 of the Fourth Schedule ratified all laws made or purported to have been made in the period between 26th March, 1971 and the commencement of the Constitution, all powers exercised and..Category: Fiscal/Taxation Law | Date: | Hits: 111
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......pellant-defendant alleging that he had taken business loan of Tk.1.75 lakhs from him promising to repay the amount, along with profit at the rate of 3%, within six months, but on the expiry of this period the amount was not repaid in spite of repeated takids. The transaction of loan was denied by ..Category: Civil Law | Date: | Hits: 117
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....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. ......rnment and in this case the project was taken afresh in the 2nd phase. 22. Lastly he submits that the writ petitioners were purely employees of the said development project for the fixed period of the project and with the completion of the 1st phase of the project the services of..Category: Employment/Service Law | Date: | Hits: 56
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ...... justice, we think, will be met in the facts and circumstances of the case if the sentence of fine of each of the accused-appellant is maintained and the substantive sentence is reduced to the period already undergone as prayed for. 8. In the result, therefore, the appeals are allowed..Category: Criminal Law | Date: | Hits: 44
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......ctions 467/468/109 of the Penal Code but modifying the sentence to suffer rigorous imprisonment for two years and to pay fine of Tk.5,000/-, in default, to suffer rigorous imprisonment for further period of one year. 2. The appellant along with seven other accused were prosecuted under Se..Category: Criminal Law | Date: | Hits: 31
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......h Court Division in Criminal Appeal No. 1605 of 1997 altering the conviction of the accused petitioner under section 412 of the Penal Code and reducing the sentence of-imprisonment for a period of 5 years and to pay a fine of TK. 5,000/-, in default, to suffer rigorous imprisonment 6 m..Category: Criminal Law | Date: | Hits: 23
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......revisional jurisdiction and obtained a Rule being Civil Revision No. 1207 of 1999 against the judgment and decree passed in Other Appeal No. 30 of 1994 and also obtained an order of stay for a period of 6(six) months. The respondent Nos.3 and 4 also filed Civil Revision No. 1259 of 1999 aga..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... 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. ......ormant and others. This report further stated that the accused Kamal Hossain Barkat claimed to be abroad before the Magistrate but actually he was very much present in the country during that period. Upon perusing both the application, both the police reported regarding cancellation of..Category: Criminal Law | Date: | Hits: 31
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......s Managing director of the company made statement that the total amount of call received was TK. 1,00,00,000/- (one crore) as on 02.07.1995. But during audit of the accounts of the company for the period ended on 30.06.1995 the amount of paid up capital was found to be TK. 25.,60,000/- (twenty f..Category: Criminal Law | Date: | Hits: 29
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... other allied products, the appellant and the Deputy Commissioner, Habiganj entered into an agreement on March 19, 1988 and thereof the appellant was granted lease of Chundeecherra Tea Estate for a period of 35 years for the purpose as stated hereinbefore, the Government on July 15, 1978 tr..Category: Property Law | Date: | Hits: 43
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ...... that he stated that the deceased was in a position to speak for half an hour or two hours i.e. the deceased with the injuries noticed by the Medical Officer could very much survive for the aforesaid period and thereafter likely to succumb the injuries. 20. In the background of the aforesaid disc..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....dhury of Village-Barakhain, Police Station-Anwara, District-Chittagong as Mutawalli of the Ershad Ali Chowdhury Waqf Estate E.G. No.6269 (Chittagong-Cox's Bazar) from the First Group observing the stipulated rotation system in the waqf deed itself according to which the petitioner has become ent......At the time of the issuance of the Rule the respondent Nos.4 and 5 were also restrained from collecting rents, salami, usufructs, or any other income arising out of the Waqf Estate, initially for a period of three months and this order of injunction was later extended on 21.05.2006 by..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......hey have been misusing and mismanaging the suit properties in view of which the liabilities against the suit properties are increasing and if this situation continues the creditors, within a short period, will put the suit properties in auction. 4. As it appears the High Court Division al..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......1,Tk. 90, 000/- on 28.12.2002, Tk. 64, 000/- on 29.12.2002 and Tk.5, 000/- on 01.10.2003. 8. It is also not disputed that he was to repay the loan by monthly installment of Tk.41, 250/- within a period of 10 years from his own statements as made in the additional statement. It is clear that he ..Category: Election Law | Date: | Hits: 162
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