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Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......applied to the Harbour Master, Chittagong Port Authority, for allotting a suitable berth and a pilot to bring the said vessel in from the outer Anchorage. The agent also applied on 21-12-85 to the Assistant Collector of Customs, Chittagong for importer Rotation and the Customs Authority allotted..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ...... Land Administration and Land Reforms, Government of Bangladesh filed affidavits-in-opposition denying all the assertions and allegations contained in the writ-petition, stating, inter alia, that the Assistant Registrar of Cooperative Society by order dated 20-7-1988 cancelled the registration of ..Category: Property Law | Date: | Hits: 77
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ...... Khondkar Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Appellant. Abdur Razzaque Khan, Additional Attorney-General, (Faisal H Khan, Assistant Attorney-General with him) instructed by Sajjadul Huq, Advocate-on-Record—For the ..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......aid execution case and executed and registered the deed of sale being No.9921 dated 13-4-81 in favour of the appellant. The appellant thereafter prayed for mutation of the property in his name to the Assistant Commissioner, Settlement Directorate of Housing and Urban Development. On 30-11-83, a high..Category: Property Law | Date: | Hits: 108
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......ther accused were not found guilty and were thus acquitted. 6. The High Court Division heard Death Reference No. 23 of 1999 along with Criminal Appeal No. 1336 of 1999 preferred by the petitioner Assistant Sub-Inspector Md. Ayub Ali Sarder and Criminal Appeal No. 1424 of 2000 filed by accused pe..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ...... the judgment and decree dated 30-6-1996 of the Additional District Judge, First Court, Kishoreganj in Other Class Appeal No. 20 of 1995 dismissing the appeal affirming those dated 5-1-1995 of the Assistant Judge, Bajitpur, Kishoregonj in Other Class Suit No. 88 of 1986 decreeing the suit. ..Category: Property Law | Date: | Hits: 69
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......ook cognizance of the offence and forwarded the case to the Court of Sessions, Mymensingh, where it was numbered as Sessions Trial Case No. 882 of 1991 and was then transferred to the 1st Court of Assistant Sessions Judge for disposal. The learned Assistant Sessions Judge got these Sale‑De..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ...... Baset Majumder, Advocate on-Record - For the Petitioner (In Civil Petition No. 118 of 1992). Aminul Huq, Attorney-General and AW Bhuiyan, Additional Attorney-General, (Obaidur Rahman Mustafa, Assistant Attorney-General, with them), instructed by B Hossain, Advocate-on-Record -For the Respond..Category: Constitutional Law | Date: | Hits: 655
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......an order of acquittal passed by the High Court Division in appeal. 2. The petitioner made an application on 19.12.1980 to the District Anti‑Corruption Bureau, Dhaka whereupon an Assistant Inspector made a preliminary enquiry and then lodged a FIR on 29.12.81 at Tongibari PS. T..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......I Farooqui, MA Wahab Miah, Advocates with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Shamsul Alam, Deputy Attorney- General, (Sharifuddin Chaklader, Assistant Attorney-General with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respon..Category: Criminal Law | Date: | Hits: 141
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ...... tenancy not being heritable. 2. The predecessor of the respondents as plaintiff‑landlord obtained an ex parte decree on 14.7.84 in SCC Suit No. 13 of 1983 of the Court of Small Causes and First Assistant Judge, Dhaka for eviction of the predecessor of the appellants as tenant. The decree was e..Category: Tenancy Law | Date: | Hits: 90
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
.... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ......ers) Welfare Foundation Order, 1972 (President's Order No. 94 of 1972). 2. On 25th June, 1977 the respondent was appointed as a typist by the Chairman of the Trust. He was promoted to the post of Assistant Accountant on 2nd February, 1984. His service was terminated by an order dated 26th Octobe..Category: Employment/Service Law | Date: | Hits: 93
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......sp; Shahabuddin Ahmed CJ.- In this appeal by special leave, Defendants, Managing Director of Rupali Bank and others are the appellants. Plaintiff, an Assistant Cashier of this Bank is the main respondent, (No. 1). The matter arises from a suit filed..Category: Administrative Law | Date: | Hits: 130
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......igned the land under the decree to the appellants retaining other portion to themselves. After the disposal of the Second Appeal in the aforesaid suit, the case record was transmitted to the Court of Assistant Judge, Chaunarughat and it was renumbered as Title Suit No. 49 of 1988. Thereafter the app..Category: Limitation Law | Date: | Hits: 175
Category: Criminal Law | Date: | Hits: 88
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ......lating this Courts order dated 25.1.90, passed in Civil Petition for Special Leave to Appeal No. 283 of 1989 staying further proceeding in Title Execution Case No. 1 of 1986 pending in the Court of Assistant Judge, Kushtia Sadar. The execution case arose out of a decree for ejectment of the peti..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ......med to have been committed within that area". 4. There may be two or more Special Judges in one district (sessions division); such as, the Sessions Judge, Additional Sessions Judge, Assistant Session Judge, Metropolitan Magistrate or some Magistrates of the First Class all of whom..Category: Criminal Law | Date: | Hits: 118
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ...... Shamsuddin Ahmed, Advocate (appeared in person) ‑ For the Appellant. Aminul Haque, Attorney‑ General, (AW Bhuiyan, Additional Attorney General and Sharifuddin Chaklader, Assistant Attorney‑General, with him), instructed by Mvi. Md. Wahidullah, Advocate‑on..Category: Others | Date: | Hits: 92
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......it Petitions including the appellants before us from their service under the respondent, the Bangladesh Trading Corporation, briefly the "Corporation". 2. Appellant No. 1 was Store Assistant and Appellant No. 2 was Security Assistant of the Corporation posted in its Regional Offi..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......as been based on no evidence whatever but is based on mere conjectures and surmises of the learned judges. 2. Appellant and 16 others had filed title Suit No. 123 of 1988 in the 1st Court of Assistant Judge, Dhaka against the Administrator, Dhaka Municipal Corporation. Their case is that t..Category: Criminal Law | Date: | Hits: 79