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Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....ctions of Magistrate in absence of the Upazila Magistrate that day. PW 18, UNO said that on that particular day he had taken the "Police file only"; he denied the suggestion that he was influenced by Chairman of the local Union Parishad in recording the statement of PW3 and that the stateÂment he r......72 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... Present A.B. M. Hussain C.J Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Shaikh Abdul Quader…………Petitioner Vs. Chairman, Bangladesh Agricultural Development Corporation & ors ……..…&hell......ructed by S. M. Huq. Advocate-on–Record- For the Petitioner. Not represented - Respondents. Civil Petition for special leave to appeal No.199 of 1977 (From the Judgment and Order dated 21-7-1977 passed by the High Court in Writ Petition No. 288 of 1967) Judgment ...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh........................Petitioner Vs. Md. Shahabuddin and others.................Respondents Judgment June 18, 2006. Lawyers Involved: Md. Af......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 156
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ...... Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent No. 2 Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Court Division in Civil Revision No.414 of 1988 (......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
.... for declaring the order dated 9 5-77 passed in Election Tribunal Case No. 6 of 1977 by respondent No. 1 declaring the election of the appellant void and declaring responded No. 2 duly elected Chairman of No. 18 Narayanganj (South) Union Parishad, under P.S. Matlab, District Comilla as have ......M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Mosharraf Hossain…..Appellant Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr………... Respondents Judgment August 15, 1977 Lawyers......ate of election and that the Presiding Officers did not show empty ballot boxes to the polling agents of the candidates before the commencement of the poll. The ballot boxes meant for Chairman and Members were kept in the same room and the voters could not differentiate the ballot boxes and that......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......sanuddin Choudhury J D. C. Bhattacharya J Kemaluddin Hossain J Fazle Munim J Baitul Mukarram…………..Appellant Vs. Taxation Officer and another……….Respondent Judgment June 2, 1977 Cases Refe......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....tition No. 890 of 2003.) Judgement: Amirul Kabir Chowdhury J. - The delay is condoned. 2. The petitioners Dock workers Management Board, Port Training Centre, Chittagong and its Chairman seek leave to appeal against the judgment and order dated 01.03.2005 passed by the High Co......) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dock Workers Management Board, Post Training Centre, Police Station- Bandar, District-Chittagong and another……………….Petitioners ......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ..Category: Employment/Service Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Abdur Rob Mollah ............................Appellant Vs Shahabuddin Ahmed and others ..........Respondent Judgment October 19, 2006. Cases Referred To-...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....assed by a Division Bench of the High Court Division in Writ Petition No. 1672 of 1995 making the Rule absolute. 2. The writ petition was filed by Mr. M. Habibullah Bahar, the main Sponsor/ Chairman of Sundarban Bank International Ltd. (Proposed) challenging legality of the Memo No. BCD (......, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Court Division in Writ Petition No. 1672 of 1995) ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ...... Mahmudul Amin Choudhury J Bangladesh Biman Corporation………………….Appellant (In C.A. Nos. 30 & 32 of 1999) Government of Bangladesh and others ...................... Appellants (In C.A. Nos. 31 & 33 of 1999) Vs Lt......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ...... the Biman. While acting as such he received the order of his retirement dated 27 August 1998. 7. Both the orders of retirement were passed by the Government under section 9(2) of the Public Servants (Retirement) Act, 1974, hereinafter referred to as the Act, in public inter&sh..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Kamaluddin and others.................Petitioners (In C.P. No. 1735 of 2005) Abdus Sattar and othe......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..Category: Property Law | Date: | Hits: 31
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......rted in: 42 DLR (AD) (1990) 244. ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ...... This time the plaintiff-appellant submitted a validated and stamped power of attorney on 27.12.88. The power of attorney was a fresh one, executed in Calcutta on 2.1.88 and authenticated by a Notary Public, Calcutta on 2.1.88 and validated by the Treasury Officer, Chandpur on 10.12.88. By orÂder d..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....e Polling Stations (Ward No.1) was not received; so the Returning Officer had no scope to consolidate the statements of all the Presiding Officers. As such the declaration of one candidate as elected Chairman is without lawful authority. Consequently, the publication of the election of Chairman is a......Officer of one of the Polling Stations (Ward No.1) was not received; so the Returning Officer had no scope to consolidate the statements of all the Presiding Officers. As such the declaration of one candidate as elected Chairman is without lawful authority. Consequently, the publication of the elect......5 of 1989). Judgment: Shahabuddin Ahmed CJ. - In this appeal by special leave a question of considerable public importance is involved. It is whether the result of election of both Chairman and Members of a Union Parishad can be published in the official Gazette when admittedly no election was......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..Category: Election Law | Date: | Hits: 126
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....J ATM Afzal J Latifur Rahman J Parveen Banu @ Purnima & others.........………………….....Appellants Vs. Bangladesh House Building Finance Corporation, repreÂsented by its Chairman & others.....…Respondents Salma Islam.……………………………………â......908 (IX of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the principle of estoppels and debarred to raise the claim already voluntarily abandoned. The decree being obtained on understa......gment and decree as they are. In view of the discussion above, both the apÂpeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......loan money against MA Naser, the loanee and 2 others i.e. Dhaka Improvement Trust (Defendant No. 3) and the Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Public Works (defendant No. 2) and the said case was decreed ex parte on 21.9.1977. Thereafter, in p..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Al-haj Ahmed Hossain Khan.......……………………………....Appellant Vs. Rezaur Rahman and others....................................Respondents Judgment January 22, 1990. Resu...... order as to costs. Order of the Court. By the majority decision, the appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... order as to costs. Order of the Court. By the majority decision, the appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ...... of 2003 Judgment: Md. Tafazzul Islam J.- This appeal by leave is against the judgment and order dated 10.12.2002 passed by a Division Bench of the High Court Division in Criminal Appea......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 52
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
.... Mohammad Fazlul Karim J. –The Secretary. Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka along with others seek leave to appeal against the judgm......t: Mohammad Fazlul Karim J. –The Secretary. Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka along with others seek leave to appeal against the j......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....hall not suffer any irreparable loss and injury as such plaintiffs are not entitled to temporary or mandatory injunction. ..............(14) Cases Referred To- M.A. Naser Vs. Chairman, Pakistan Eastern Railways, PLD 1965 (SC) 83; Humayun Vohra Vs. ESPN Star Sports and other......azlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J M/s. Sonali Aansh Trading (Pvt.) Ltd & another…….....Petitioners Vs M/s Birla Tyres and others………………………...Respondents ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......missed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 40
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