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Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
.... 5% which came into force with effect from 11.05.2004 and that the company by letter dated 07.08.2002 applied to Board of Investment, in short, BOI for registration of "Malt Beverage product" and got registered on 26.08.2002 and the company launched two products "Crown" and "Hunter" in January 2004,......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......extended till disposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......esh and Denmark for Agricultural Sector Program Support and in the agreement provision has been made for implementation of 2nd Phase of the project and that Government gave sanction for keeping 29 posts which were earlier created at the time of starting the work of the project and by letter date......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 87
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ...... Writ Petition No.1735 of 2004 challenging memo No.1ft-i/ftwW-02/2004/3 8771(20) dated 16.03.2004 (Annexure-D-1 to the writ petition) appointing the present petitioners and another one to the post of Assistant Professor of Radiology stating, inter alia, that Bangladesh Public Service Commis...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ..Category: Employment/Service Law | Date: | Hits: 86
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....s case, also filed an application on 3.7.2000 to execute the ex-parte decree by recovery of khas possession of the suit property of the aforesaid Title Suit No.127 of 1997. The application was registered as Title Execution Case No. 4 of 2000 and respondent No. appeared in the Title Execution......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
....yan Samity instituted Title Suit No.115 of 1998 for permanent injunction against the defendant petitioners in petition No. 392 of 2005 and others stating, inter alia, that the plaintiff was a registered co-operative society and the members of the said society had been doing their business i...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ..Category: Civil Law | Date: | Hits: 120
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....and out of the requisitioned land and that possession of the remaining land having not been taken over, the owners remain in possession of the land of the requisitioned land, that DIT has not registered any claim other than the land covered by the road construction by it, that the land purc......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 40
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......that the plaintiff instituted Other Suit No. 48 of 1998 in the Court of the Senior Assistant Judge, Mithapukur, Rangpur for declaration that the memo dated 10-2-1998 dismissing the plaintiff from the post of Line Technician, Rangpur Pally Bidyut Samity-1, Sathibari, Rangpur and the decision taken in......terials on record arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
....ment and order dated September 23, 1980 of the 1st Court of Subordinate Judge (now Joint District Judge), Barisal in Miscellaneous Case No.36 of 1979 dismissing the same. The Miscellaneous Case was registered upon an application filed under Order IX, rule 13 of the Code of Civil Procedure. The sa...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 112
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ......g current charge of Senior Deputy Director to respondent No. 4. 3. In Writ Petition No. 94 of 2003, the writ petitioner challenged the order dated 12-12-2002 promoting respondent No.4 to the post of Assistant Chief Hydrographer, Senior Deputy Director (Survey) BIWTA. 4. Short facts a......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 59
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... excluding the agenda regarding election of directors. 2. The respondent No.1, on 1st November 1994, filed an application under sections 81(2) and 85(3) of the Companies Act 1994, which was registered as Matter No. 106 of 2003, praying for holding the 20th Annual General Meeting of the re......cept the chief executive officer by whatever name he may be called and sub-section (2) thereof provides that notwithstanding the provisions of sub-section (1),a sponsor Director who is holding the post will not cease to be a Director despite being a Director for six consecutive years in two term......ip;....Petitioner Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, 2006. Cases Referred To- Ghyasuddin Ahmed vs Faruque 38 DLR (AD) 296. Lawyers Involved: Ajmalul Hossain QC, Senior Advocate instructed by Mvi Md W..Category: Business or Commercial Law | Date: | Hits: 99
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
....tahake kichu koriache kina shei uttoreo shey hat naria mana" 16. P.W 11 Khokan Mia was declared hostile and did not state anything against the appellant. 17. P.W 12 Md Sayduzzaman registered the case in the police station. 18. P.W 13 Mr. Yousuf Ali Magistrate deposed that......s then taken to her house and on the following morning a darbar took place attended by villagers where the victim Champa Khatoon identified the appellant Md Wasim Mia and disclosed by gestures and postures that she had been raped by Md Wasim Mia and another and then she was taken to Netrokona Ho......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....Saifullah @ Amjad, another condemned prisoner, on the other hand, submitted Jail Petition No.6 of 2006 regarding the aforesaid judgment and order but later tiled Criminal Petition for leave to appeal registered as Criminal Petition for Leave to Appeal No. 444 of 2006 and Mr M Shamsul Alam learned Co......did not know other accused. 35. P.W 12 Md Shamim Bahar supported the evidence of P.W 2 in to deposing, inter alia,--Bangla 36. Only cross-examination put to this witness is “Ami je meetimg e uposthit chilam tahar tarikh ami bolte parina” So, his evidence goes unchallenged and thus is taken......s................Petitioners vs State…………………………………………………Respondent Judgment November 28, 2006. Cases Referred To- Shah Alam vs State 1990 BLD (AD) 25 = 42 DLR (AD) 31. Lawyers Involved: Khalilur Rahman. Advocate instructed by ASM Khalequ..Category: Criminal Law | Date: | Hits: 213
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ...... three kata chal on the chest of his father and he died at once. He also denied the defence suggestion that the accused persons have been falsely implicated in this case. PW 10 Dr. Lutfor Rahman held post mortem examination on the dead body of deceased Babujan Chowkidar and extracted the iron ma......hich the Deputy Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
.... 2. Pre-emptor-respondent no.1 filed Misc. Case No. 37/80 in the 2nd Court of Munsif, Sadar, Sylhet for pre-emption of the case land transferred by respondents 2-4 to the appellants and another by a registered Kabala dated 10th Kartick 1383 B.S. corresponding to 27.10.76 for Tk. 6000/-, both as a c......vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......he High Court Division cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....his own residence under certain conditions, such as, the allottee would pay monthly premium of Tk. 14/- for a period of 15 years to reach the total of Tk. 2700-/. He paid Tk. 180/-; the Agreement was registered on 9-4-65 whereupon he was put into possession. But he did not pay any further premium; o......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. ......ide and the suit is dismissed. 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. ..Category: Property 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.......ontended that the approval of the Election Commission was not taken; rather the Election Commission disapproved the proposed change by an order dated 11 April 1988, though after the polls were taken, post-facto approval was given which is not an approval in the eye of law. 5. Mr. S.R. Pal, whose ...... polling station the returning officer must seek approval of the Election and approval so given even after the poll was over, was valid and legal………..(8 & 9) Case Referred to- 41 DLR (AD) 68. Lawyers Involved: Dr. Kamal Hossain and Fazlul Karim, Senior Advocates, instructed by ..Category: Election Law | Date: | Hits: 163
Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)
....is disposed of by the High Court Division. The appellant is directed to take steps for getting his appeal heard by the High Court Division within this period. Let a copy of this order be forwarded by registered post to the Deputy Registrar of the High Court Division at Barisal for placing the matter...... of by the High Court Division. The appellant is directed to take steps for getting his appeal heard by the High Court Division within this period. Let a copy of this order be forwarded by registered post to the Deputy Registrar of the High Court Division at Barisal for placing the matter before the......r of the High Court 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 ..Category: Criminal Law | Date: | Hits: 64
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....enue Deputy Collector, P.W.6, held a preliminary enquiry into the petition of complaint and forwarded it, along with his report, to the police who treated it as the first information report and registered a case on 17 October 1983. In due course, the police investigated the case and after ob......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. ......on of both the appellants 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. ..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ...... came to the place of occurrence at about 12-30 p.m. and a written Ejahar was handed over to him. He held inquest on the dead bodies of the two victims and then sent the dead bodies to the morgue for post-mortem examination through constables. Appellant Abed Ali and other accused were arrested from ......self constitute mitigating circumstance but abnormal and excessive delay of six years may be considered for commutation of death sentence to life imprisonment. This Division in that case vide 39 DLR (AD) (1987) 194 did commute the death sentence on different grounds but as to delay observed that "..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....that the Government has decided to allow import of Sugar under" Wage Earners' Scheme with immediate effect. The procedures and arrangement of import of Sugar shall be as follows: — (i) All registered importers having valid Import Registration Certificate renewed upto date shall be eli...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......Cases Referred to- Collector of Central Excise and Customs Vs. Azizuddin Industries Ltd., PLD 1970 (SC) 439; M. Afzal and Sons Vs. Federal Government of Pakistan, PLD 1977 (Lahore) 1327; BLD 1981 (AD) 91; AIR 1968 (SC) 718; AIR 1979 (SC) 621; PLD 1970 (SC) 379; PLD 1960 (SC) 310; PLD 1987 Karachi..Category: Fiscal/Taxation Law | Date: | Hits: 153