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Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....udgment of the High Court Division before us and contended that the High Court Division committed error of law in upholding the conviction and sentence of the petitioners of the basis of confessional statement of accused petitioner Zinnah Sheikh but the so-called confession was exculpatory in n......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ..Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....d that P.Ws. 1 and 2 did not see the occurrence. P.W. 3 said to be an eye witness did not say anything regarding causing injury to the deceased by the appellant. P.Ws 4, 7 and 8 were tendered. P.W. 5 stated that the appellant Mashuq Mia assaulted deceased with stone at the head but he did not s......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 95
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ips, boxes and similar article of wood, paper board, cellulose pulp but does not mention about duplex board which the respondent no. 1 intended to import temporarily. 12. The respondent has not stated in his petition as to the nature and character of the duplex board and that how the same coul......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
..... Thereafter 60 Assistant Superintendents of Police by the notification-dated 23.12.1998 were promoted to the post of Additional Superintendents of police. 8. In the background of the aforesaid state of the matter the Respondent Nos. 1-11 and others who were the officers of 1991 BCS (Police) c......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....nationality as a Bangladeshi by birth was never taken away, nor the Government formed any opinion that his absence from the country was for the purpose of activities prejudicial to the state; that the Ministry of Home Affairs granted him a nationality certificate on 31.8.1980 under Ar......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 128
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....delivered goods and for compensation at the rate of 20% thereon, in total for a sum of Tk.5,77,500/- and interest and costs at the rate of 20% per annum till realization. The defendant in its written statement made a counter-claim of Tk.20,31,872/-against the plaintiff with 20% interest per annum ti......ber 1986 that the defendant informed the plaintiff that their offer conveyed, in the aforesaid letter dated 26 October 1986 (exhibit-2) had been accepted by the bank's authority. In such state of affairs the submissions made by Mr. Shafique Ahmed that there was offer and acceptance between the p..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....tition of the suit land even on demand on 10.1.1992 and 14.2.1994, the plaintiffs were constrained to institute the suit. 4. Defendant Nos.1-4 contested the suit by filing a joint written statement denying the material allegations made in the plaint. Their case in short, is that plot No.......he eldest. Nur Ali died before R.S. operation leaving one wife Bibijan, two sons Abdur Rahman and Abdul Majid, two daughters Asiya Khatun and Ayeshsa Khatun. Abdul Majid was indifferent towards world affairs and Abdur Rahman was away from home in Burma. Consequently during RS survey Abdur Rahim got ..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....at the suits are not maintainable, as such, the impugned order in appeal is liable to be disturbed by way of review. We have perused the impugned judgment and it appears that though in the written statement in omnibus-manner it was stated that the suit is not maintainable but the defendant did n...... was stranded there until he came back in Bangladesh in 1973 on Pakistani passport, which he surrendered and was given citizenship of Bangladesh and during his absence his son was managing the affairs of the industry when it was taken over by the Government; in that premises the Acting Presi..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....irection to the writ Respondents to pay the LPR benefits, provident fund/ gratuity and family insurance to the writ-petitioner. 3. The writ petition was filed upon making statements that the writ-petitioner graduated in Civil Engineering from the Bangladesh University of......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..Category: Employment/Service Law | Date: | Hits: 109
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....peal against the judgment and order dated 08.08.2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 3446 of 2003 discharging the rule. 2. The facts as stated in the petition, in brief, are that one Enamul Haque lodged an ejahar on 08.03.2001 with Mura......commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 103
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....rap of paper where name and address of absconding convict Kazi Tipu Sultan with some telephone numbers was written. During investigation condemned prisoner Mafizuddin made confessional statement. Police on completion of investigation submitted charge sheet against the condemned pris&s......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....le 33. Question of maintainability of the suit under section 42 of the Specific Relief Act read with section 56 (f) could be eventually decided on taking evidence after filing of the written statement. The Courts below are directed to hear the suit on all issues including maintainability a...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....earing will resume from tomorrow and the judgment of the said writ petition is expected to be delivered very soon and that judgment will also help them resolve all the legal issues and it was further stated that they do not think that there will be any violation of the Court's order under the ci......ny Judge by order dated 17.5.2003 extended the time for a further period of three months which expired on 17.8.2003 and these actions of the contemner-appellants show that though they are running the affairs of the Bank but in fact they are helping the persons who are in the helm of the affairs of t..Category: Business or Commercial Law | Date: | Hits: 118
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
.... the Arbitrator the Respondent No. 1 filed Appeal No.5 of 1994 before the District Co-operative Officer and Appellate Officer. In the petition upon which the aforesaid appeal was registered it was stated that the Respondent No. 1 having felt necessity of cash money he on receiving Tk. 36,000/- f......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ..Category: Procedural Law | Date: | Hits: 111
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
....cution case is mainly built upon evidence of prosecution witness Nos. 1, 2 and 3. P.W.1 Abdul Hamid Matbar and P.W. 2 Abdul Khaleque Matbar the two eye witnesses to the occurrence in their deposition stated that the appellants Shafiuddin Sheikh hit the right eye of the deceased by a mugur lying in h...... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 97
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