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Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....kar Siddique, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent (In both the cases). Criminal Appeal Nos. 52 and 53 of 2007. (From the judgment and order dated 2-5-2005 passed by the Appellate Division in Criminal Appeal Nos. 12 and 13 of 1998) Judgme......Court and the Government did not file any appeal for enhancement of the said sentence before the High Court Division and, as such, enhancement of sentence to 7 (seven) years by this Court without any notice to petitioners is not sustainable and, as such, impugned judgment and order needs to be revie....... Fazlul Karim J, Md. Joynul Abedin J and Md. Abdul Matin J, I agree with the judgment delivered by my brother Md. Joynul Abedin J. Md. Fazlul Karim J.- These two Appeals, by leave upon a petition for review, are directed against the allowing the Criminal Appeals convicting the petitioners under ..Category: Criminal Law | Date: | Hits: 94
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....tab Hossain, Advocate-on-Record—For the Petitioners Not represented—The Respondents Civil Petition for Leave to Appeal No.132 of 2001. (From the Judgment and order dated 14-8-200 passed by the High Court Division in Civil Revision No.4302 of 1999). Judgmen......e of the plaintiffs is that while in possession they came to know on 20 July, 1980 that defendant No. 2 has included the property within the periphery of Khulna Hat and Bazar without any service of notice and that defendant No. 3 served a notice on the plaintiffs to vacate the land in suit and t......wyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners Not represented—The Respondents Civil Petition for Leave to Appeal No.132 of 2001. (From the Judgment and order dated 14-8-200 passed by th..Category: Property Law | Date: | Hits: 27
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....t Nos. 1-6. Enayatur Rahim, Advocate instructed by AKM Shahidul Huq— For the Respondents. Civil Petition for Leave to Appeal No. 632 of 2005. (From the judgment and order dated 27-7-2004 passed by the High Court Division in Civil Revision No. 5411 of 2003). Judgm......w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......tioner. ASM Khaliquzzaman, Advocate-on-Record—For Respondent Nos. 1-6. Enayatur Rahim, Advocate instructed by AKM Shahidul Huq— For the Respondents. Civil Petition for Leave to Appeal No. 632 of 2005. (From the judgment and order dated 27-7-2004 passed by t..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
.... Ali, Advocate- on-Record—For Respondent No. 1. Not Represented — The Respondent No. 2. Civil Appeal No. 34 of 1999. (From the Judgment and order dated 1-3-98 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 24 of 1997). ...... the same officer who again submitted his report on 8-l992. The authority ordered yet a further enquiry report was submitted on 28-4-1992, Respondent No. 1 was then served with a second show cause notice dated 18-5-1992 and it is alleged that the first enquiry report was not enclosed with the sa......17-7-1993. The present respondent primarily contended that allegations against him were vague and indefinite that no notice of the third enquiry was given to him that there were no specific points for further and the respondent was not informed anything such points for further enquiry and that n..Category: Administrative Law | Date: | Hits: 94
Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
....Petition for Leave to Appeal No. 1205 of 1999. Judgment Mahmudul Amin Choudhury J.- This petition for leave to appeal is against judgment and order dated 18-8-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 2561 of 1......(3) Even though The High Court Division acted under section 151 of Code of Civil Procedure, Order XLI rule 14(3) has given ample power to the High Court Division to dispense with service of notice upon the non contesting respondents. Lawyers Involved: Fazlul Karim, Senior Ad......Ali, Advocate-on-Record—For the Petitioner. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented—The Respondent No. 2-5. Civil Petition for Leave to Appeal No. 1205 of 1999. Judgment Ma..Category: Election Law | Date: | Hits: 112
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....Judgment Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal by the Writ petitioners, namely, ASF Rahman, Salman F Rahman, Iqbal Ahmed and MA Qasem is from the judgment and order dated 9 May 1999 of a Division Bench of the High Court Division in Writ Petition No. 463 of 1998 dis......sed. The Bank Companies Act, 1991 (X of 1991), Sections 17, 45 & 49 As the petitioner submitted no representation under sub-section (2) of section 17 of the Act the writ petition, against notice to repay the loan and failing which directorship of the petitioner of the concerned bank to c......, Advocate-on-Record—For the Respondent Nos. 1 & 2. Rokanuddin Mahmood, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondent No. 3. Civil Petition for Leave to Appeal No. 528 of 1999. Judgment Bimalendu Bikash Roy Choudhury J.- This petiti..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....or Respondent No. 1 (In both the Appeals). Not represented— Respondent No. 2-19 (In both the Appeals). Civil Appeal Nos. 11 & 12 of 1999. (From the Judgment and order dated 6 & 7 December, 1998 passed by the High Court Division, Dhaka in FMA Nos. 109 and 144 of ......nting. The Tribunal, however, took up the question whether the ballot papers bearing official seals in part would be said to be ballot papers bearing no official mark. 39. The Tribunal then noticed Article 31 (2)(d) of the Order which provides that the ballot papers shall on its back be s......icial mark and counterfoil is also to be stamped accordingly but during rush that follows a brisk polling it may not be possible to follow the same in full in letter and spirit and may have to opt for satisfying such requirements in substance by putting official mark on the back of the ballot pa..Category: Election Law | Date: | Hits: 126
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....t. Md. Abdul Aziz, Advocate-on-Record- For the Respondent No. 5. Not Represented-Respondent Nos. 1-4 and 6-7. Criminal Appeal No. 96 of 1977 (From the Judgment and Order dated November 30, 1976 passed by the High Court in Writ Petition No. 18 of 1977). Judgment ......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......Court passed in Writ Petition No. 18 of 1977 summarily rejecting the appellant's petition wherein he impugned the orders of the respondent Nos. 2 and 3 ejecting his nomination paper and prayed for directing respondent No. 2 to make delimitation of the wards as per notification issued on Nov..Category: Election Law | Date: | Hits: 114
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
....l-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Record—For Respondent No. 2 (In both the Appeals). Criminal Appeal Nos. 4 and 5 of 1977 (From the Judgment and Order dated 1st July, 1976 passed by the Supreme Court of Bangladesh, High Court Division in Crimin...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ...... analogously as a common question of law is involved in them. The question involved in these appeals is covered by the decision given by this Court in C. A. No. 56 of 1977. 2. Facts material for the disposal of these appeals are that Criminal Appeal No. 4 arises out of GR case No. 523(2)/7..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....Chowdhury, Assistant Attorney-General (on 27/06/77) instructed by B. Hossain, Advocate-on-Record- For the Respondent. Civil Appeal No 8 of 1976 (On appeal from the judgment and decree dated 22.4.70 passed by the erstwhile High Court of East Pakistan in First Appeal No. 41 of 1960) ......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ...... by the erstwhile High Court of East Pakistan in First Appeal No. 41 of 1960) Judgment Mahmud Husain CJ.- This appeal by special leave by the plaintiffs arise of out a suit instituted for recovery of a sum of taka 1,08,127.00 as compensation for the loss, caused to them by Irrigatio..Category: Civil Law | Date: | Hits: 89
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....the Appellant. T. Ali, Senior Advocate, instructed by AJ Khan Chowdhury, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 3 of 1973) (From the judgment and order dated 24.11.70 passed by the erstwhile High Court of East Pakistan in F. A. No. 136 of1961) ...... the appellant to take necessary steps in the matter. Thereafter an application was filed for substitution of the heirs of the respondent on setting aside the abatement but the said application as noticed earlier was opposed on behalf of the respondent. An affidavit-in-opposition was filed on be......J.- This appeal by special leave is by the defendant. It is against an order dated the 24th November, 1970 of a Division Bench of the erstwhile High Court of East Pakistan rejecting an application for substitution of the heirs of the respondent No. 1 therein upon setting aside the abatement. ..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... Advocate— For the Petitioner. Not Represented— The Respondents. Civil Petitions for Special Leave to Appeal No. 171 and 305 of 1977. (From the judgment and order dated June 21, 1977 passed by the High Court in Writ Petition No. 82 of 1977 and dated April 7, 19......ngladesh Glass Works" of Bogra is not abandoned property within the meaning of the Abandoned Properly (Control, Management and Disposal) Order (P. O. 16 of 1972) and that the public notice dated August 8, 1973 in so far as it relates to it has been issued without any lawful a......sh;For the Respondents. M. H. Khandker, Senior Advocate with A. T. Kamrul Islam, Advocate— For the Petitioner. Not Represented— The Respondents. Civil Petitions for Special Leave to Appeal No. 171 and 305 of 1977. (From the judgment and order dated J..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....titioner. Md. Nawab Ali, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent No. 1. Criminal Petition for Leave to Appeal No. 307 of 2005. (From the judgment and order dated 28-3-2005 passed by the High Court Division in Criminal Miscellaneous Case No. 10039 of 2004)....... complainant last presented the cheque in the bank for encashment but it has been dishonoured due to insufficient fund and then the complainant demanded the money from the accused serving him a legal notice and requested to pay the amount but to no effect. On the basis of the aforesaid complaint CR ......18, 2007. Result: The criminal petition is dismissed. Words and phrases Refer to drawer The endorsement "refer to drawer" does not mean anything but that the cheque has been returned for insufficient funds in the account of the drawer of the cheque. These are merely words in banking..Category: Criminal Law | Date: | Hits: 138
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
....r, Syed Mahbubur Rahman, Advocate on-Record— For Respondent No. 8. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 855 of 2007 (From the Judgment and order dated 8-5-2007 passed by the High Court Division in WP No.7427 of 2006). Judgment: MM Ruhul ......respondent No. 8 and pursuant to a resolution of the Managing Committee dated 4-8-2004, the respondent No.8 was asked to show cause within 7(seven) days on the allegations mentioned in the show cause notice and though the respondent No. 8 received the said show cause notice, he did not reply to the ......structed by AKM Shahidul Huq, Advocate-on-Record—For the Petitioner, Syed Mahbubur Rahman, Advocate on-Record— For Respondent No. 8. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 855 of 2007 (From the Judgment and order dated 8-5-2007 passed by the Hig..Category: Civil Law | Date: | Hits: 111
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
.... Mahbubar Rahman, Advocate-on-Record— For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No.140 of 2005. (From the judgment and order dated 23-2-2005 passed by the High Court Division in Criminal Revision No, 549 of 2003). Ju......ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ovi 5 BLT (AD) 67 = 3 BLC (AD) 52. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record— For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No.140 of 2005. (From the judgment and order dated 23-2-2005 passed by t..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....cate (Mainul Hosein, Senior Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Appeal No. 12 of 2003. (From the judgment and order dated 15th and 16th April 2002 passed by the High Court Division in Writ Petition No. 5981 of 2000...... the case of Mujibur Rahman vs Bangladesh reported in 44 DLR (AD) 111 this Court held, inter alia, that: "The learned Additional Attorney-General who brought that decision to our notice on his own referred to Article 44(1) of the Constitution that guarantees the right to move ......II Gazetted Officers (Customs Excise and VAT) Appointment and Service Terms and Conditions Act, 2000 (XX of 2000), section 8 Provision invoking Article 136 of the Constitution has been made for creation, amalgamation and unification if any such posts but has only provided certain provisio..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....dvocate with him) instructed by Mvi Md Wahidullah, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal No. 46 of 2008. (From the judgment and order dated 6-2-2008 passed by the High Court Division in Writ Petition No. 6576 of 2007). Judgment ......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......or 15 of the Emergency Power Rules, 2007 can be tried under the said Rules. Neither the Emergency Power Ordinance nor the Rules created those offences. Section 385 has been brought under rule 14 only for the purpose of trial. Therefore the question of violation of Article 35(1) of the Constitution d..Category: Civil Law | Date: | Hits: 254
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....structed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Not represented—The Respondents. Civil Appeal No. 15 of 2000. (From the judgment and order dated 21 April 1999 passed by the High Court Division in Civil Revision No. 562 of 1997). J...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...................Respondents Judgment December 12, 2006. The Code of Civil Procedure, 1908 (V of 1908), Order VIII Rule 6 Counter claim arising out of the same transaction for an ascertained sum is maintainable and the same is to be treated as plaint……&hell..Category: Civil Law | Date: | Hits: 111
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
.... Judgment March 24, 2000. The Customs Act, 1969 (IV of 1969), Sections 25(7) and 30 The importer has to pay tax and duties on the basis of tariff value in force on the date of presentation of the bill of entry. The High Court Division was not justified to rely on an ......der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. .........Respondent Judgment March 24, 2000. The Customs Act, 1969 (IV of 1969), Sections 25(7) and 30 The importer has to pay tax and duties on the basis of tariff value in force on the date of presentation of the bill of entry. The High Court Division was not justified ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... ABM Nurul Islam. Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No. 215 of 2000. (From the judgment and order dated 29-10-1998 passed by the High Court Division in Writ Petition No. 2490 of 1990). Judg......rein at a cost of Taka 2 lac and he also purchased the above 0.09 acres of land of RS of Plot No. 6161 by kabala dated 10-1-1982 and constructed a building therein at a cost of Taka 15 lac; no notice of acquisition and requisition of the above plots was served upon him except notice dated 1......s served upon him except notice dated 16-4-1985 under section 7(3) of the Acquisition and Requisition of Immovable Property Ordinance, 1982 by which he, being treated as a person interested, was informed that compensation for structure amounting to Taka 5,95,221 had been awarded in his favour an..Category: Labour and Industrial Law | Date: | Hits: 83
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