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Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......tions under leave we think that a brief reference to the scope of habeas corpus petitions under Article 102 of the Constitution may be made. Article 102 (3)(b)(i) says that on an application of any person, the High Court may make an order, directing a person in custody be brought before it, so tha..Category: Constitutional Law | Date: | Hits: 408
....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......above.
5. To turn to the relevant regulation viz. Regulation 48(iii) it may be set out as follows:
"Notwithstanding anything to the contrary contained in sub-paragraph (i) and (ii) above, any person may file a return of income or a consolidated statement for any year or years, prior to the a..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ...... occurrence to them. P.W.1, paternal uncle of the deceased lodged the F.I.R. with Baufal Police Station. 3. Police on completion of investigation, submitted charge sheet against the accused persons. 4. At the trial the accused persons were charged under sections 302/34 of the Penal..Category: Criminal Law | Date: | Hits: 43
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......se deed had been completed; that thereafter on the basis of an application filed by one Mujibur Rahman, Miscellaneous Case No.24 S,A. of 1980-81 was started; virtually there is no existence of any person named Mujibur Rahman; that the defendant No.2 by order dated 06.1.1992 dismissed the Miscell..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
....s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ......National Board of Revenue and others reported in 49 DLR (AD) 122, this court held that the past service can only be counted on absorption in equivalent post towards seniority. When the person was absorbed in a higher post, he was not entitled to count his past service. ..Category: Administrative Law | Date: | Hits: 111
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......cement of contract as to the terms and conditions of service should be given and no such relief has been sought for by the plaintiff. As the witnesses examined by the plaintiff were all interested persons award of compensation has rightly been refused. However, the plaintiff is entitled to the s..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......nistry of Law and Justice but then the so called review forum did not ask the petitioner to appear before it to explain his case and without giving the petitioner any opportunity of being heard in person and defend his case, by letter dated 21.12.91 the petitioner was informed that by order date..Category: Administrative Law | Date: | Hits: 92
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......ter on he took settlement of the aforesaid land on 7th Magh, 1336 B.S. on payment of proper salami and possession was delivered to him, that he is enjoying the land but because of the laches of the person who was entrusted to get the land recorded in the name of the defendant the land was not reco..Category: Property Law | Date: | Hits: 38
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ...... Tribunal upon meticulous consideration of the materials on record rightly came to the findings which are as follows: "Section 4(2) of the Administrative Tribunals Act says that a person may make an application to the Tribunal if he is aggrieved by any order, decision or action..Category: Administrative Law | Date: | Hits: 103
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......tion itself despite there being decisions of this Court that except for challenging the vires of any law or of coram non judice no writ could be maintained in respect of terms and conditions of any person in the service of the Republic. 11. The whole argument of Mr Mohammad Ali is th..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......iary relationship with the pardanashin lady. It is only in such cases, the donee or transferee will carry the additional burden to prove that the lady had independent and disinterested advice from persons other than the recipient of the document." 12. In the aforesaid case the quest..Category: Property Law | Date: | Hits: 30
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ...... with Advocate Abu Zahir, Razan Chowdhury, Abdul Ahad Faroq and others were injured seriously and they were taken to Habigonj Modern Sadar Hospital for treatment and that out of the injured persons Shah Manju Huda, Siddique Ali alias Sayeb Ali and Abdur Rahim died in the hospital and Mr S..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic: Provided that nothing in this clause shall prevent Parliament from delegating to any person or authority, by Act of Parliament, power to make orders, rules, regulations, bye-laws or o..Category: Constitutional Law | Date: | Hits: 221
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......s of the first floor of the premises of the respondent No.1 at Madalibagh Hospital Road, Udayachal Residential Area, Chatak in the District of Sunamgonj and as a result of the aforesaid explosion two persons, namely, Abdul Kalam Babul and Arif Haider died and respondent No. 2 Abu Lais Chowdhury was ..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......estion, that defendants as co-sharers are in possession of the land as regard which the plaintiff seeking a decree for specific performance of contract, that plaintiff has created the deed by false personation, that during the lifetime of Abdur Rashid plaintiff did not disclose about the deed, th..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ...... Parliament. In sub-Article (2) of Article 122 of the Constitution and in section 7 (1) of The Electoral Rolls Ordinance, 1982 (Ordinance No. LXI of 1982), (the Ordinance), the qualifications of a person for being enrolled on electoral roll for the electoral area or constituency have been given...Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......al Board. The appellant was allowed 10 days time to submit his reply to the allegations in the show cause notice and that was also directed to communicate as to whether he would like to be heard in person. In the show cause notice it was mentioned that in case of his failure to reply to the show..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... Sheikh and Jaber Sheikh caught hold of the hands of Abdul Gafur and then convict Aynul Sheikh dealt a spade blow on the head of Abdul Gafur who fell down on the ground and thereafter other accused persons (since acquitted) dealt lathi and mugur blows indiscriminately on the person of the v..Category: Criminal Law | Date: | Hits: 42
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ...... corpus matter the writ can be defeated by removing the detenu from area to area. Similarly mandamus will be ineffective outside the territorial limit; (e) Contempt matters cannot be proceeded if a person makes scandalous remark at Rangpur against the permanent Bench at Dhaka; (f) In respect of ..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......n the northern facing pucca building. He heard hue and cry from the room of his parents and he rushed to their room. At that time he saw accused Mizazul Islam @ Dablu (condemned prisoner) and another person were running away from their house after scaling the wall. Then he entered into the room of h..Category: Criminal Law | Date: | Hits: 159
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