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Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)

....ng stations and that it be­ing an adjourned poll in each case and not a new election, no voters or candidates were misled by the change of place. The High Court Division after hearing the parties discharged the Rules. We grant­ed leave on the same grounds as were agitated in those petitions and, i......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...

Category: Election Law | Date: | Hits: 163

Atiqur Rahman and an­other Vs. State, 1989, 18 CLC (AD)

....serting therein the complainant's fishery "Bhajandhi to Nilakhi". 3. All the accused were put on trial before the Special Judge under the Criminal Law Amendment Act. They pleaded not guilty to the charge. The de­fence of the accused, lessee Rash Mohan Adhikari, was that he did not know how his l......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

Abed Ali Vs. State, 1990, 19 CLC (AD)

....isonment for life instead of death under section 302 of the Penal Code. 2. The condemned-prisoner Abed Ali along with four others were put on trial in Sessions Trial Case No.58 of 1985 to answer a charge under sec­tions 302/34 of the Penal Code. Prosecution case, briefly, is that on 2.12.82 a th......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. ..

Category: Criminal Law | Date: | Hits: 65

Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)

....n the official Gazette, exempt any goods imported into, or exported from, Bangladesh or into or from any specified port or station area therein, from the whole or any part of the customs duties chargeable thereon." 11. Plain reading of section 19 shows that the contention of Mr. Bhuiyan, th...... 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

Commissioner of Tax­es, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)

.... the purpose of determining the rate." 7. The High Court Division then considered decision of the Gujrat High Court when Bhagwati, CJ considered— "Wherever any income is excluded from chargeability to tax either expressly or by necessary implication arising from the scheme of the A......ed and the decisions of the courts below are af­firmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)

....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. ......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)

....ficers were unauthor­ised documents containing interpolations, etc. The learned Judges of the High Court Division, after hearing the parties, made the Rule absolute in re­spect of one Centre and discharged the Rule in re­spect of the other Centre, that is, Uttar Gatia Danga Primary School Centre,...... 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)

....evenue budget and that the Sachib committee is enti­tled to formulate any policy for the require­ment of manpower and the leave petitions having no substance the rules are required to be discharged. 14. Civil petition for leave to appeal No.58 of 2005 the writ petitioners alleged t......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

Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)

....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..

Category: Property Law | Date: | Hits: 48

Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)

....oners challenged the action before the High Court Division in its writ jurisdiction and the High Court Division in its writ juris­diction and the High Court Division after hearing the matter discharged the rule as men­tioned earlier. Hence is this petition. 3. Mr. Md. Abdur Razzaq,...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 80

Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ..

Category: Property Law | Date: | Hits: 67

Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)

....asis of the aforesaid FIR, Ramna P. S. Case No. 28 dated 09.01.2002 was started under Sections 9(1) and 10 read with Section 30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 and after investigation charge sheet was  submitted accordingly  and the case being sent for trial the learned Ju......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 52

Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)

.... with his inmates used to demand dowery from her and subsequently the accused respondent drove her out of the house for the cause of dowry. The investigation agency, after investigation, submitted charge sheet against the accused respondent and 4 others under sections 6 and 9 of the Cruelty to W......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add addition­al grounds. Ed. ..

Category: Procedural Law | Date: | Hits: 100

Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)

....oner in this regard and so the petitioner had to file the above contempt petition. The High Court Division issued rule upon the respondents on 30.3.2003 and after hearing the High Court Division discharged the Rule. 3. The learned counsel appearing for the peti­tioner submits that the ......sed on correct interpreta­tion of law and we do not find any cogent rea­son to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 33

Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)

....and took her towards Adhunagar High School on a microbus and on the basis of aforesaid First Information Report, Lohagara Police Station Case No.2 dated 05.01.1995 was started. After investigation charge sheet was submitted on 30.4.1995 against the petitioners and others under Section 4(b) (c) a......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 42

Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)

....No. 63 of 2003. On the basis of a police report the learned Magistrate drew up a proceeding under Section 145 restraining both the parties from entering into the case land appointed the officer-in-charge of Barguna police station as receiver in respect of the disputed land. 4. Against thi......ngs under section 145 of the Code of Criminal Procedure. The submis­sions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 70

Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)

....it may, in the meantime the afore­said proceeding under section 145 of the Code of Criminal Procedure ensued between the parties in view of a report dated 20.01.1998 submitted by the officer-in-charge, Dhanmondi, DMP, Dhaka in connection with General Diary No. 1194 dated 19.01.1998 of the sa......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Procedural Law | Date: | Hits: 154

State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)

....lahuddin (PW.1) father of the victim lodged First Information Report on the basis of which Uttara P.S. Case No.32 dated 13.03.2000 was started against the accused respondent and after investigation charge sheet was submitted. The case being sent for trial, the learned Judge, Nari-O-Shishu Nirjata...... In view of the discussion made above, we do not find any illegality in the impugned judg­ment and order. The petition having no substance is, therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 34

Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)

....ation. 3. On the basis of the aforesaid First Information Report Ramna P. S. Case no. 11 dated 05.12.1993 was stated under Sections 406/467/468/471/109 of the Penal Code. After investigation charge sheet was submit­ted against the petitioner and three others under Sections 406/468/468/......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)

....r and that then suddenly the petitioner appeared there and pressed her mouth and took her to nearby sugarcane field and raped her against her will and that the police after investigation submitted charge sheet against the petitioner under section 1191(1)of  Nari-o-Shishu Nirjatan Daman Bishe...... giving our considera­tion to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 41