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Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....) 4. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate (Omar Sadat, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record-For the Appellant. T. H. Khan, Senior Advocate, (Khandker Mahbubuddin Ahmed, Senior Advocate, with him) instructed by Md. Aftab Hossain, Advocate-on-R......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..Category: Civil Law | Date: | Hits: 132
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
....hort time, all the inmates of the P.O. house started losing senses. At that time accused Aminur Rahman, Shirajul Islam and some other unknown persons with dagger, knife, chain, pistol-etc. in their hands entered into P.O. house through the back door. Accused Aminur Rahman and Shirajul with dagge...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ..Category: Criminal Law | Date: | Hits: 61
State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)
....by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ......illage. The only local witness namely P.W.7 allegedly saw the other accused persons assaulting village police with lathi and he did not see any police officer or victim Amzad. It is also important to note that according to the prosecution story injured, Amzad was brought from the place of occurrence..Category: Criminal Law | Date: | Hits: 73
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....is therefore obliged to vacate the premises in favour of Habibullah. On his own admission Habibullah had got better right than him to get back possession. 15. In such view of matter, direction for handing over possession by Abdur Rab cannot be taken any exception. The impugned judgment and decree......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221...Category: Tenancy Law | Date: | Hits: 180
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....idence there are documentary evidences which also have supported the allegation against the accused. These two documentary evidence are an agreement vides Exhibit-1 and one hand note. The genuineness of both these documents has been admitted by the accused-petitioner hims......e there are documentary evidences which also have supported the allegation against the accused. These two documentary evidence are an agreement vides Exhibit-1 and one hand note. The genuineness of both these documents has been admitted by the accused-petitioner himself i..Category: Criminal Law | Date: | Hits: 42
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.................................. 201/34 of the Penal Code and if so, whether such enhancement of sentence can be made without affording any opportunity to the appellants to defend themselves against such enhancement. 36. We have noted that the trial Court sentenced the appellants to suffer rigorous imprisonment for 3(three) yea..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......written by My Lord the Chief justice but I failed to persuade myself in agreeing with the same for the reasons mentioned below. 20. As the fact leading to this appeal has already been noted by My Lord the Chief Justice I refrain myself from noting that again. Leave in this appeal wa..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......e above 4 (four) project Accounts were not paid. Subsequently, it was also assured to repay the instalments by 31st January, 1998 but the installments as per said assurance have not been paid. Please note that in case of delay in payment of such instalment, the existing repayment schedule will be tr..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......s 3-6 and 20-24 have not stated in their evidence that Shahidul Islam was engaged by the appellant or that he worked as an Assistant Presiding Officer at the instance of the appellant. The Tribunal noted the evidence of Opposite Party No. 8 Rostam Ali Sk., a Polling Officer of booth No. 2, statin..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, ......ĻŦā§āĻ āĻĒā§āĻ°ā§āĻ¸āĻŋāĻĄā§āĻ¨ā§āĻ āĻā§āĻ˛āĻž āĻāĻā§āĻ° āĻ¸āĻšāĻ¯ā§āĻā§ āĻāĻŽāĻŋāĻāĻŋ āĻāĻ āĻ¨ āĻāĻ°āĻŋāĻ¤ā§ āĻĒāĻžāĻ°āĻŋāĻŦā§āĻ¨âāĨ¤ 3. The language employed in the above noted clauses is that the president in terms of clauses 23 and 36 with the aid of the District Judge..Category: Trust/Waqf Law | Date: | Hits: 185
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
..... ......lved in the above case, according to Govt. order, the case is not maintainable. “In view of the fact, I have received order from S.P. Mymensingh to withdraw the case vide his memo noted above so I beg to withdraw the case with your honours consent and the accused may be dischar..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...... of this affidavit we order that the appeal has abated in respect of respondent no. 1”. 5. It was argued that this order was not an order abating the appeal. The High Court merely noted in view of the affidavit as well as the death certificate that the respondent Abani Mohan Muk..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......with we are of the view that the legislative directions as contained in sub-paragraph 2 of paragraph 5 of the impugned regulation are unequivocal and clear-abatement in the context of regulation connotes an idea of to demolish or to put an end to so that nothing survives. The answer to the questi..Category: Constitutional Law | Date: | Hits: 307
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
....ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ......espondent No. 8 joined as Headmaster of that school, but after his joining he was found to be involved in illegal activities and accordingly, he had to face criminal case. The Managing Committee took note of such illegal activities of the respondent No. 8 and pursuant to a resolution of the Managing..Category: Civil Law | Date: | Hits: 111
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