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State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)

....urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......r Vs Abdul Toab alias Abdul Towab and other…..........Respondents Judgment April 17, 2005 Lawyers Involved: Abdur Razaque Khan, Additional Attorney General, instructed by B. Hossain, Advocate on Record-Petitioner Nawab Ali, Advocate-on-Recor...... 3. The facts, in brief, are that after holding enquiry in connection with E/R No. 102/87 Mohiuddin Ahmed, District And Corruption Officer, Dinajpur (P.W.1) lodged an FIR with Dinajpur Sadar Police Station stating, inter alia, that the accused respondent No.1 Abdul Toab, Sub-post master a..

Category: Criminal Law | Date: | Hits: 35

M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)

....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of  the appeal. Ed. ......nd 420 of the Penal Code read with Section 138 of the Negotiable Instrument Act against the petitioner stating, inter alia, that the afore­said  complainant  was  Assistant  General Manager of Bangladesh Shilpa Bank, Chittagong and that the accused petitioner in order to e......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of  the appeal. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)

....sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......preme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Department of Narcotics Control Represented by its Director General 1, Segunbagicha Dhaka and another............... Petitioners Vs. Crown Beverage Ltd. S......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ..

Category: Criminal Law | Date: | Hits: 76

Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)

....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ...... Md. Mostafa Kamal and ors......Respondents (In Civil Petition No. 136 of 2005) Judgement March 9, 2005. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record-For the Petitioners (In both the...... Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Government of Bangladesh, represent­ed by the Secretary, Ministry of Planning, Sher-E-Bangla Nagar, Police  Station Mohammadpur, District-Dhaka and oth­ers…………&hel..

Category: Others | Date: | Hits: 87

Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)

.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......cate, (T.H.Khan, Senior Advocate, with him), instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners (In Civil Petition No. 612 of 2005) Fida M. Kamal, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners (In Civil Petition No. 73...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ..

Category: Employment/Service Law | Date: | Hits: 86

Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)

.... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ......sp;        Amirul Kabir Chowdhury J .- Civil Petition for Leave to Appeal No. 392 of 2005 has been filed by Fulbaria Adrasha Market Dokandar Malik Samity and its General Secretary against judgment dated 16.03.2005 passed by the High Court Division in Civil Revi...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ..

Category: Civil Law | Date: | Hits: 120

Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)

....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... communicated in the impugned notification dated 20.4.2004. Hence was the writ petition. 3. No affidavit-in-opposition was filed on behalf of the writ respondents though the learned Attorney General appeared and made submissions on behalf of the respondent Nos. 1 to 3. A Division Bench of ......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Others | Date: | Hits: 97

Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)

....m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......tion of the road and the rest of the acquired land has been released as per decision of the Council of the Ministers in 1991 and thereupon this Division asked  the learned Additional Attorney General to obtain report from the Government as to the status of the land in suit. The learned Addi......intiffs filed the suit stating, inter alia, that the land measuring 1.15 acres appertain­ing to plot No. 685 of C.S. Khatian No. 104 corresponding to S.A. Khatian No. 1236 of Mouza Badda under Police Station-Gulshan, District-Dhaka as described in the schedule 'ka' to the plaint along with t..

Category: Property Law | Date: | Hits: 40

M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)

....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ...... of 2005) T. H. Khan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner (In Civil Petition No. 223 of 2005) Fida M. Kamal, Additional Attorney General, instructed by A. S. M. Khalequzzaman, Advocate- on-Record-For the Petitioner (In Civil Pet......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ..

Category: Civil Law | Date: | Hits: 97

GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)

....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ...... some right of way work he submitted a bill in the office of the Pally Bidyut Samity-1, for an amount of Taka 3,000 which he received from the office as an advance for the said work but the Assistant General Manager in his note sheet stated that the bill submitted by the plaintiff was inconsistent w......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ..

Category: Employment/Service Law | Date: | Hits: 181

Abu Taleb Vs. State, 2007, 36 CLC (AD)

.... 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. ...... 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. ......rd one escaped and that the petitioner Abu Taleb was one of the miscreants apprehended on the spot by the aforesaid driver Md. Chand Miah and that he lodged a first information report with Tejgaon Police Station narrating the occurrence on the basis of which Tejgaon PS Case No. 82 dated 20-6-199..

Category: Criminal Law | Date: | Hits: 47

Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)

....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. ......ioner, in short, is that the  petitioner  in  course of his  business following the import policy of the Government and the Customs Act, 1969,  imported  114 sets of General Brand Split type air-conditioners from Japan under LC No. 1170/091/29/96 dated 27-4-1996 fo......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

Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)

....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. ......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. ......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

Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)

.... 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. ......d against the judgment and order dated 9-8-2004 passed by the High Court Division in Matter No. 106 of 2003 directing that within 120 days from the date of drawing up of the order, the 20th Annual General Meeting (AGM) of City Bank Ltd, the respondent No. 2, is to be held excluding the agenda re...... 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)

...., 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. ......, 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. ......, 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)

....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. ......cate with him) instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner (In Criminal Petition No. 444 of 2006 & Jail Petition Nos. 6 of 2006. Abdur Rezaque Khan, Additional Attorney-General (Helaluddin Mollah, Md. Faisal Ali Khan and Fahima Nasrin, Deputy Attorneys-General with him......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

Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 109

Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)

....issing his writ petition (No. 309 of 1990). By the said writ petition he had challenged an order of the Director General of Food drawing up a departmental proceeding against him. 2. Petitioner was Inspector of Food and In-charge of Sylhet LSD at the relevant time. On the allegation of gross negle...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Serajul Islam (Md)........…………………………..............Petitioner Vs. The Director General of Food...……………………………...Respondent Judgment March 27, 1990. ......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitu­tion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ..

Category: Constitutional Law | Date: | Hits: 159

State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)

....al in nature. In cross-examination the doctor found semi-digested food in the stomach. The medical evidence also corroborates the inflicting of injuries as testified by the eye­witnesses. PW 11 (Sub-Inspector MA Khair is the Investigating Officer who seized alamats from the place of occurrence and ......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. ......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)

....vision cannot be legally sustained. In the result, therefore, the appeal is al­lowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......vision cannot be legally sustained. In the result, therefore, the appeal is al­lowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......vision cannot be legally sustained. In the result, therefore, the appeal is al­lowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..

Category: Property Law | Date: | Hits: 47