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Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
....te-on-Record—For the Appellants. Md. Ataul Huq, Advocate-on-Record—For the Respondents. Civil Appeal No. 99 of 2002. (From the Judgment and Order dated March 29, 2001 passed by the High Court Division in First Miscellaneous Appeal No. 315 of 198......hat summons was not served on him and he tried to establish that fact by the evidence of P.W 3 who deposed that in his presence no summons was served on the respondent No.1. It may be mentioned on scrutiny of the service return the trial Court noticed that name of PW 3 did not appear in the serv..Category: Civil Law | Date: | Hits: 112
Abu Taleb Vs. State, 2007, 36 CLC (AD)
....ab Hossain, Advocate-on-Record—For the Petitioner. Not represented—The Respondent Criminal Petition for Leave to Appeal No.76 of 2005. (From the judgment and order dated 12-2-2005 passed by the High Court Division in Criminal Miscellaneous Case No. 386 of 2005). ...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....am Bhuiyan, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No.226 of 2004. (From the judgment and order dated 3rd December 2003 passed by the High Court Division in Writ Petition No.2580 of 1996). ......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....ecord—For Respondent Nos. 1, 3-9. NIB Bhuiyan, Advocate-on-Record—For Respondent No. 2(a) and 2(c). Civil Appeal No. 371 of 2003. (From the Judgment and Order dated August 18, 2002 passed by the High Court Division in Civil Revision No. 1578 of 1999) ......rt was in error. 16. 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: Property Law | Date: | Hits: 46
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....2004). Not represented—Respondent No. 1 (In Civil Petition No. 1382 0/2004). Civil Petition for Leave to Appeal Nos.1381 & 1382 of 2004. (From the judgment and order dated 7-3-2004 passed by the High Court Division in Writ Petition No. 5587 of 2000 with Writ Petiti......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
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....dent Nos. 3-9. (In CRP No. 78 of 2006) Not represented—Respondents (In CRP No. 84 of 2006) Civil Review Petition Nos. 77-78 & 84 of 2006. (From the judgment and order dated 1 -8-2006 passed by the Appellate Division in Civil Appeal Nos. 62, 63 & 64 of 2004). ......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....ted by Serajur Rahman, Advocate-on-Record —For Respondent Nos. 1-4. Not represented—Respondent Nos. 5-26. Civil Appeal No. 270 of 2002 (From the Judgment and Order dated May 13, 1997 passed by the High Court Division in Civil Revision No.2335 of 1992). Jud......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
...., Advocate-on-Record—For Respondent No. 2. Not represented—Respondent Nos. 1, 3-4. Civil Petition for Leave to Appeal No. 1332 of 2004. (From the judgment and order dated 9th August, 2004 passed by the High Court Division in Company Matter No. 106 of 2003). ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
.... instructed by AKM Shahidul Huq, Advocate-on-Record—For the Appellant. Not Represented—The Respondent. Criminal Appeal No. 10 of 2004. (From the Judgment and Order dated 9-4-2003 passed by the High Court Division in Criminal Appeal No. 473 of 2002). Judgme......, 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)
....Advocate on Record-For the Respondent (In all the cases) Criminal Petition for Leave to Appeal No. 444 of 2006 and Jail Petition Nos. 4, 6, 7, 8, 9 and 10 of 2006. (From the judgment and order dated 29 and 31 August 2006 passed by the High Court Division in Death Reference No.47 of 2006 with ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....…………..(9) Lawyers Involved: B. Hossain, Advocate-on-Record— For the Appellant. Ex Parte — For the Respondent. Criminal Appeal No. 26 of 1986. (From the Judgment and order dated 9th June, 1985 passed by the High Court Division, Barisal Bench, Barisal in Criminal Appeal No......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)
....te with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 1. Ex parte — Respondent Nos. 2-12. Civil Appeal No. 33 of 1985. (From the Judgment and Order dated 8th April, 1984 passed by the High Court Division, Sylhet Bench in Civil Revision No. 55 1983)......in the talk of sale. The objecting O.Ps led evidence at the time of trial to the effect that the ptr. knew about the sale of the case land and he actively took part in settling the transaction.....on scrutiny it appears that the OPW 1 fully supported the written objection case while the OPW 3 corr..Category: Property Law | Date: | Hits: 47
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
......……………………………………………….....Respondent Judgment February 7, 1990. Result: The interim bail will continue only for a further period of four months from date or till disposal of the revisional application, whichever is earlier. Bail matter Interim......order be forwarded to the Deputy Registrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ..Category: Criminal Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....f 1983), section 26 Harmonious interpretation It is apparent that for change of polling station whether in the case of first election or repoll a period of fifteen days to intervene between the date of change and that of the poll is necessary. In case of any indispensable necessity for change ......n may give in this behalf, by notification in official Gazette, appoint— (a) a day, at least five days after the dale of such notification, for the nomination of candidates; (b) a day for the scrutiny of nomination papers; (c) a day on or before which candidature may be withdrawn; and ..Category: Election Law | Date: | Hits: 163
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
.... For the Appellants. B. Hossain, Deputy Attorney General, instructed by A.W. Mallik, Advocate-on-Record — For the Respondent. Criminal Appeal No. 18 of 1989. (From the judgment and order dated 5 July 1988 passed by the High Court Division, Dhaka, in Criminal Appeal No. 148 of 1986). ......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. ..Category: Criminal Law | Date: | Hits: 45
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....mp; 194 The Sales Tax Ordinance (XVIII of 1982) Section 4(1) The Evidence Act (I of 1872) Section 115 The Constitution of Bangladesh, 1972, Article 102 Promissory Estoppel Notification dated 3.10.84 under section 19 of the Customs Act was issued without any condition, limitation or re...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. Miah Abdul Gafur, Advocate-on-Record— For the Respondent. Civil Appeal No. 84 of 1989. (From the Judgment and Order dated 1 August, 1989 passed by the High Court Division, Dhaka, in first Appeal No. 81 of 1989). J......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....ey could only be treated as trespassers, not as tenants. That is why the landlords sued them for eviction as trespassers. The protection of section 88 is not available to the appellant because on the date of coming into force of the Non- Agricultural Tenancy Act, 1949 the appellant was not holding a......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
....ahim and Others.....……………………………...Respondents Judgment March 19, 1989. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Art. 102 Election Commission may direct re-poll, or accept the result of a poll though disp...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....Not represented-Respondent Nos. 2, 5-7 10-13, 15-19, 22-113 (In Civil Petition No. 58 of 2005). Civil Petition for leave to Appeal No. 989 and 990 of 2005 (From the Judgment and Order dated 10.05.2005 passed by the High Court Division in writ Petition Nos. 1186 and 6591 of 2004.) ......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 56
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