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Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......p; April 7, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to form......nbsp; Khandoker Mahboob Hossain, Senior Advocate, instructed by Md Nawab Ali, Advocate-on- Record—For the Petitioner Abdur Razaque Khan, Additional Attorney-General—For the Respondent (Special appointment). Criminal Petition..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....nment having included the house in the ‘Kha’ list of abandoned building to prove that admittedly the writ petitioners were in possession and got their names mutated with the Additional Deputy Commissioner (Relief) the lessor of the house and obtained permission by Memo No. 2658......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......a Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Government of Bangladesh and others ............................Petitioners Vs. ......tema Begum vs. Bangladesh 42 DLR 342; Bangladesh vs. Amela Khatun and others 53 DLR (AD) 55. Lawyers Involved: Mahbubey Alam, Additional Attorney-General, instructed by Mvi. Md Wahidullah, Advocate-on-Record — For the Petitioners. ..Category: Property Law | Date: | Hits: 46
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ......hman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Mahbubur Rahman and others................ Appellants Vs. Taslimu......cted by Md Nawab Ali, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-4. Mahbubey Alam, Additional Attorney-General, instructed by Sharifuddin Chaklader Advocate- on-Record—For the Appellant (In Civil ..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ...... an order of stay of transfer, the High Court Division also cannot exercise such power……(10) Case Referred to- Government of Bangladesh and others vs. Mohammad Faruque 51 DLR (AD) 112. Lawyers Involved- &nb......se Referred to- Government of Bangladesh and others vs. Mohammad Faruque 51 DLR (AD) 112. Lawyers Involved- Mahmudul Islam, Attorney-General instructed by Mrs. Sufia Khatun, Advocate-on-Record— For the Appellants.  ..Category: Employment/Service Law | Date: | Hits: 57
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....comprising of four members namely Mr AR Masud, Additional District judge, Tangail, Mr Shahidullah Bakaul, Subordinate Judge, Tangail, Mr Reza Au, Senior Assistant Judge, Tangail and Mr Md Zakaria, Deputy Secretary, Election Commission to act as member-secretary of the committee. This decision wa....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......, Attorney-General instructed by Sufia Khatun, Advocate-on-Record—For Respondents. Civil Petition for Leave to Appeal No. 586 of 2000. (From judgment and order dated 22-2-2000 passed by a Division Bench of the High Court Division in Writ Petition No...... Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed Sharifuddin Chaklader Advocate-on-Record—For Petitioner Mahmudul Islam, Attorney-General instructed by Sufia Khatun, Advocate-on-Record—For Respondents. ..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......J Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J State…………………………………………..………….Petitioner Vs. Monu Miah and others……………………………. Respondents Judgment August 16, 2001. Result:......m @ Dablu vs. State. 41 DLR (AD) 151, Shamsuddin Sarker vs. The State, 11 DLR (SC) 365, Mahmood vs. State of Uttar Pradesh, AIR 1976 (SC) 6. Lawyers Involved: Mahbubey Alam, Additional Attorney-General instructed by Mohwnmad Yeasin, Advocate-on- Record- For the Petitioner Shaukat Ali Khan, ..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......bsp; BRAC and others ……………….………Appellants ......s only a shareholder. He submits that incorporation of BRAC Bank Limited cannot be questioned in the writ jurisdiction by the writ petitioner. This may be questioned at the instance of the Attorney-General in appropriate forum. He submits that in filing writ petition and seeking relief therein t..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
....in its first schedule set out the principle for nullifying a decree obtained by fraud or such other relief gained out of fraud. Lawyers Involved: Abdul Quayuam, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on-Record-For the petitioner ...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ...... Kazi Ebadul Hoque J Government of Bangladesh………..Petitioner Vs. Ramananda Sarker……….Respondent Judgme......edule set out the principle for nullifying a decree obtained by fraud or such other relief gained out of fraud. Lawyers Involved: Abdul Quayuam, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on-Record-For the petitioner ..Category: Procedural Law | Date: | Hits: 97
Osman Gani Vs. State, 2002, 31 CLC (AD)
.....(11) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md Nawab Au, Advocate-on-Record—For the Appellant. B Hossain, Deputy Attorney-General, instructed by AKM Shahidul-Ul-Huq, Advocate-on- Record—For the Respo...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......mstantial Evidence The principle of circumstantial evidence to prove the guilt of an accused is that all the circumstances must themselves be proved beyond all reasonable doubt and the chain of circumstances should be so that the innocence of the accused is incompatible with ......sp; Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md Nawab Au, Advocate-on-Record—For the Appellant. B Hossain, Deputy Attorney-General, instructed by AKM Shahidul-Ul-Huq, Advocate-on- Record—For the Respondent. &n..Category: Criminal Law | Date: | Hits: 55
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
....ine as to whether the High Court Division correctly followed the rules of appreciation of the evidence in the instant case, which was a case of gruesome double murder. 2. We have heard the learned Deputy Attorney-General for the appellant. No one appears for the respondents. The consideration of ...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ...... State..........................Appellant Vs. Abdul Barek and Others…..…….Respondents Judgment December 12, 2001. Result: The appeal is all......r the High Court Division correctly followed the rules of appreciation of the evidence in the instant case, which was a case of gruesome double murder. 2. We have heard the learned Deputy Attorney-General for the appellant. No one appears for the respondents. The consideration of this case may ap..Category: Criminal Law | Date: | Hits: 55
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... of the above Ordinance and Notification, the question of earning profit for payment of bonus, does not arise……(5) Lawyers Involved: Dabiruddin Ahmed, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on- Record For the Appellant...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... Sections 10(2)(X) & 16(2)(XVI) Since the respondent assessee paid the bonus to the employees as per direction of the Government under the provisions of the above Ordinance and Notification, the question of earning profit for payment of bonus, does not arise…&helli......dinance and Notification, the question of earning profit for payment of bonus, does not arise……(5) Lawyers Involved: Dabiruddin Ahmed, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on- Record For the Appellant (In all the cas..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ...... Akbar Hossain (Md)…………………………. Petitioner Vs. MD, Agrani Bank and others ………………Respondents Judgment ...... allowed 7 days time but due to illness of the mother and on reaching home found her condition serious. Petitioner sent application for leave for 4 months with a request to forward the same to the General Manager, Dhaka. But the Regional Manager did not forward the same instead brought charge on..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....ip;…(5) ii) A co-sharer of a vested property has a preferential claim to lease than the stranger……(6) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed Mvi Md Wahidullah—Advocate-on-Record—For the Petiti......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......p; Government of Bangladesh and other…… Petitioners Vs. Nidhi Ram Moni a......bsp; ii) A co-sharer of a vested property has a preferential claim to lease than the stranger……(6) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed Mvi Md Wahidullah—Advocate-on-Record—For the Petitioners. &n..Category: Property Law | Date: | Hits: 43
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
....planation is not at all satisfactory. 5. We have gone through the judgment of the High Court Division and it appears that the judgment in appeal was passed on 11-8-1985 and from the office of the Deputy Commissioner, Thakurgaon a letter was sent to the Deputy Attorney General, Rangpur Bench for ...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......ivil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Khairullah (Md)………………….Petitioner Vs. ADC (Revenue) and another…………. Respondents. Judgment May 24, 2001. Result: The Petition is d......gment of the High Court Division and it appears that the judgment in appeal was passed on 11-8-1985 and from the office of the Deputy Commissioner, Thakurgaon a letter was sent to the Deputy Attorney General, Rangpur Bench for filing a revision which was received on 17-11-1985. Thereafter the Deputy..Category: Procedural Law | Date: | Hits: 121
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......ive Tribunals Rules, 1982, Rule 7 The execution case was dismissed on the ground that the order passed by the Tribunal was declaratory without any direction for reinstatement and as such the said order is not executable. Lawyers Invo......New Zealand for Post Graduate training but within the period fixed he did not return to this country and was absent for more than five years. A departmental proceeding was initiated by the Director General of the aforesaid Institute and by order dated 13-1-1988 the petitioner was removed from ser..Category: Administrative Law | Date: | Hits: 104
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....l, void, without jurisdiction and not binding upon the plaintiff. 2. The Second Certificate Appeal No.88 of 1984 was filed against the order dated February 9, 1984 passed by the Additional Deputy Commissioner" Mymensingh in Certificate Appeal No.3/77-78 dismissing the same. The Cert....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ...... Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Marfat Ali Miah being dead his legal heir: Firoj Ahammad Bhulu.....Appellant Vs. Sree Jagadish Chandra Sheel and others....................................... Respondents Judgment ......e the contention of the appellant and for examining the correctness of the judgment of the High Court Division the provision of section 37 of the PDR Act is reproduced below: "37. General bar to jurisdiction of Civil Courts, save where Fraud alleged.- Except as otherwise expres..Category: Civil Law | Date: | Hits: 77
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....me Court Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and other.................................Appellants. Vs. Abdur R......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......sion (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and other.................................Appellants. Vs. Abdur Rahman and others.................itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed...Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh and others................................Petitioners Vs Md. Shahjahan Gazi.................Cases Referred To- Sk. All Ahmed vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 40 DLR (AD) 170. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioners ..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....spondent to the District Social Service Office, Khagrachari as the Assistant Director. The respondent joined there and took over charge of the said office on 31.5.99 from Janab Teslim Uddin Ahmed, Deputy Director, District Social Service Office, Khagrachari. The respondent served as the Assistan......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ...... ......ne Alam Khan vs. Abdul Hamid Chowdhury, 3 BLC (AD) 55; A.B.M. Abdul Baqi vs. Government of Bangladesh, 4 BLC (AD) 213. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General, (Faisal H. Khan, Assistant Attorney General with him), instructed by Md. Ahsanullah Patwar..Category: Administrative Law | Date: | Hits: 124
Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ...... Arnirul Kabir Chowdhury J Md. Saifur Rahman Emam................. Petitioner Vs. The Government of Bangladesh, represented by the Secretary, Ministry of Local Government and Rural Development, Bangladesh Secretariat, Ramna, Dhaka & others .............Respondents ...... Mr. Munsurul Hoque Chowdhury, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner Mr. Fida M. Kamal, Additional Attorney General, instructed by Mr. A.S.M. Khalequzzaman, Advocate-on-Record- For the Respondent ..Category: Election Law | Date: | Hits: 119