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Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....that the defendant Nos. 1 and 2, the original tenants, have transferred their interest to defendant No. 3. On the other hand, their own case is that since May, 1972 they have taken defendant No. 3 as partner in their commercial venture. If the foundation for taking advantage of the deeming is not li......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....es not bring him within the mischief of any other offence. In support of his submission he has cited Moynes Vs. Cooper, 1956 Law Reports (Vol.1) Queens Bench Division, page 439. 5. As to the first part of the submission of the learned counsel we do not for a moment doubt the soundness thereof. In....... On the next day P.W.1 learnt that the Police had arrested the accused and recovered the 100/- rupee notes amounting to Tk. 7100/- as per the statement made by the accused himself. Following usual investigation the appellant was put on trial before a Magistrate, First Class, Thakurgaon on the afo..Category: Criminal Law | Date: | Hits: 44
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....f the Chairman and members in the Official Gazette, respondent No. 1 filed an application before the Election Commission repeating his contention that the appellant was a defaulter, After hearing the parties and perusal of papers, the Election Commission rejected the petition. Then the respondent ...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....llants Vs. The State.................................Respondents Judgment December 6, 1988. Result: The appeal of appellant No. 5 is dismissed, but that of the others is allowed in part. The Penal Code, 1860 (XLV of 1860), sections 302/34, 323 and 324 The facts of this case ......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....istrate and sent the case back for further enquiry before passing any final order upon the application a fresh application made on 28-2-74 by the Court Sub-Inspector of Police, the Magistrate granted partial withdrawal of prosecution in favour of the accused respondents and discharged them by his ......nt with the Bhandaria Police Station alleging that his son Harunur Rashid had been murdered by the accused Respondents along with some others on 23-7-71. Charge-sheet in this case was submitted after investigation on 8-2-73 against the accused Respondents and others under section 302/34 of the Penal..Category: Criminal Law | Date: | Hits: 43
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
.... the Appellants on the basis of an arrangement with another foreign company the owner of the vessel, for the purpose of carrying the cargo from the outer anchorage to the inner port. On hearing the parties, the learned Subordinate Judge vacated the conditional order of attachment before judgment......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....ne’s service is liable to be ‘terminated’ on the happening of certain event it is obviously not automatically put to an end on the happening of such event but it requires a further act on the part of the authority to finally terminate his service on such ground. 8. Clause (d) of sub sect......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....of Khulna town. Both parties agreed to transfer their properties and agreed to exchange their properties by a devise of permanent lease, each exchanging by a lease deed in favour of the other. Both parties executed to contract for the purpose. One was executed by the appellants in respect of their...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..Category: Property Law | Date: | Hits: 32
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....bar, Mannan, Clerk of the Union Council, Mannan Dhali, Taib Ali Howlader and the local PLA. The respondents are the neighbors of deceased Rashid Khondker and there is long standing enmity between the parties. The respondents were once prosecuted about two years back in a criminal case for uprooting ......Station. P. W.11 Mr. Matiur Rahman, Sub-Inspector of Police came to the place of occurrence and after holding inquest sent the dead body to Madaripur for post mortem examination. P.W.11 after holding investigation submitted charge sheet against the respondents. A preliminary enquiry was held by a ..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....mpensation. 2. The application was opposed by the appellants by filing a written objection, contending, inter alia, that the application for partial pre-emption of the kabala land by making partial deposit and in the absence of all necessary parties is not maintainable. 3. The learned ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
.... of cigarettes. It was submitted by the dependent that the materials seized during Investigation were sufficient to warrant trial of the two accused by a competent Court. 3. After hearing the parties, a Division Bench by the judgment and order dated December 5, 1977 quashed proceedings. In s...... that is, 89 cartons short out of total 20 cases of cigarettes. Police arrested the respondent. A first information report was lodged with Daulatpur Police Station on May 27, 1977. The police after investigation submitted charge-sheet against the respondent under sections 156(8) and 156(89) of The..Category: Criminal Law | Date: | Hits: 95
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....opposition contending, inter alia, that Industrial licences are issued to Industrial Consumers on the recommendation of the Director of Industries for importation of industrial goods for use in the particular industry and in the instant case, the Director of Industries and the licensing authorit......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... of public meetings in various police stations under Serajgonj Sub-division and in one place he was resisted, by one Fakrul Islam. The detenu was responsible for the killing of this man and he also participated in various illegal activities. Further, it is mentioned that the detenu being the Gener...... 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. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....oboration is a question that will depend upon the facts and circumstances of each case. 6. In the confessional statement of Alo, we find that there is a clear mention of the two appellants having participated in the shooting incident at the jeep, the relevant portion may be set out: "At abou...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
.... in Reference Case No. 1 of 1972 under section 66(1) of the Income Tax Act, 1922. 2. The brief facts leading to the appeal are that Teherally Adamjee and Abdul Hussain Sulemanjee were carrying on partnership business under the name and style M/s Rangoon Mill Stores since April 1, 1951 with head ......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
....d Khan...........Respondent
Judgment
February 14, 1978.
Lawyers Involved:
AKM Mozammel Huq Bhuiya, Advocate, instructed by S.S. Hoda, Advocate-on-record - For the Appellants.
Ex parte - the Respondent.
Civil Appeal No. 54-D of 1967
From the Judgment and Order dated 24-3......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. ..
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. ......d uncles came there and P.W.2 Maksudur Rahman narrated the 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 accu..Category: Criminal Law | Date: | Hits: 43
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....o his house and enquired about the whereabouts of Zaved and Sohel at their house. The informant apprised the police of Hathazari Police Station of the occurrence. Negotiations between the informant party and the accused party continued over the demand of the ransom money over telephone. At one s...... Absar, Liakat and Razu from that house. The accuseds kidnapped the victims and kept them in confinement for realization of ransom money from the informant party. 3. Police on completion of investigation submitted charge sheet under sections 13/14 of the Nari-O-Shishu Nirjatan (Bishesh Bi..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....s petition for leave to appeal is directed against the judgment and order dated 29.08.2003 passed by a Division Bench of the High Court Division in First Appeal No.9 of 1993 allowing the appeal in part. 2. The plaintiff instituted Money Suit No.70 of 1990 in the 3rd Court of the Subordi......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. ..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....inding of the learned Member of the Administrative Tribunal that the A.T.Case No.93/92 filed by the petitioner was premature and not maintainable appears to be erroneous. 6. Before we part with the discussion, it will be pertinent to mention in this connection that before the petiti......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. ..Category: Administrative Law | Date: | Hits: 92
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