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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. ......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

Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)

....r the law before making confession nor they were given enough time for reflection. The learned Judges also noticed that the confessional statements were recorded "in his court in the chamber of Court Inspector" and argu­ment was advanced that such statements ought not to have been relied upon witho......…..(9 & 10) Lawyers Involved: Mainul Hosein with Md. Joynal Abedin, Advo­cates instructed by Md. Aftab Hossain, Advocate-on-Rccord—For the Appellants. B. Hossain, Assistant Attorney-General instruct­ed by M. R. Khan, Advocate-on-Record (Absent)— For the Respondent (State). Cr...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ..

Category: Criminal Law | Date: | Hits: 49

Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)

....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......, whether respondent No. 2 had any right or authority to enter into the contract for sale of the quarter when he did not pay in full the premium of Tk. 2700/-. Mr. B. Hossain, learned Deputy Attorney-General, contends that the allottee had no "capacity" to enter into the contract for sale of the Gov......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......LR (AD) (1990) 184. ..

Category: Property Law | Date: | Hits: 40

Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)

....ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180....... Returning Officer did not alone take the decision to change the polling sta­tions but he acted on the advice of the local adminis­tration including the Deputy Commissioner, the Su­perintendent of Police and the Nirbahi Officer, who thought it expedient to change the polling stations for safety o......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180...

Category: Election Law | Date: | Hits: 163

Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dha­ka, Bangladesh and others, 1989, 18 CLC (AD)

....as deprived of pro­cedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......rul Haider Chowdhury J Shahabuddin Ah­med J MH Rah­man J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dha­ka, Bangladesh and ors...………….Defendant- Res......as deprived of pro­cedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ...... MH Rah­man J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dha­ka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: ..

Category: Employment/Service Law | Date: | Hits: 98

Atiqur Rahman and an­other Vs. State, 1989, 18 CLC (AD)

....ppellants is found to be justified based on cor­rect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ants is justified…………………..(6) Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by M. Nowab Ali, Advocate-on-Record— For the Appellants. B. Hossain, Deputy Attorney General, instructed by A.W. Mallik, Advocate-on-Record — For the Re­spondent. Criminal Appeal ......ppellants is found to be justified based on cor­rect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ppellants is found to be justified based on cor­rect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..

Category: Criminal Law | Date: | Hits: 45

Abed Ali Vs. State, 1990, 19 CLC (AD)

....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......other accused persons immediately left the place and went to their house. 3. A Chawkidar went to the Pirgacha P.S and informed the officer-in-charge about the murders. Mr. Md. Nazmul Huda, S.I. of Police came to the place of occurrence at about 12-30 p.m. and a written Ejahar was handed over to h......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ..

Category: Criminal Law | Date: | Hits: 65

Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)

.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......nglo Afghan Agen­cies AIR 1968 (SC) 718; Gujarat State Financial Corporation Vs. Mis. Lotus Hotels Pvt. Ltd. (AIR 1983 (SC) page 848. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Zinnur Ahmed, Advocate-on- Record—For the Appellants Rafique-ul-Huq, Sen...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......peal is dismissed. The Customs Act (IV of 1969) Sections 19, 30 & 194 The Sales Tax Ordinance (XVIII of 1982) Section 4(1) The Evidence Act (I of 1872) Section 115 The Constitution of Bangladesh, 1972, Article 102 Promissory Estoppel Notification dated 3.10.84 under section 19 ..

Category: Fiscal/Taxation Law | Date: | Hits: 153

Commissioner of Tax­es, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)

....ed and the decisions of the courts below are af­firmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......ed and the decisions of the courts below are af­firmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......ed and the decisions of the courts below are af­firmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......ovember 8, 1989. Result: The appeals are dis­missed. The Income Tax Act (XI of 1922) Sections 2(15), 4(1) & 60 The President's Order No. 21 of 1973, Article 10 The Constitution of Bangladesh, 1972, Article 147 Whether a notification under section 60 of the Income Tax Act, 1922..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)

....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......ion………………..(9 & 10) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. B. Hossain, Deputy Attorney-General, instructed by A.W. Malik, Advocate-on-Record— For the Respondent. Criminal Appeal No. ......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..

Category: Criminal Law | Date: | Hits: 52

Zaker Hossain Vs. Abdur Rahim and Oth­ers, 1989, 18 CLC (AD)

.... available by way of election petition before the Tribunal. In the circum­stances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ...... available by way of election petition before the Tribunal. In the circum­stances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ...... available by way of election petition before the Tribunal. In the circum­stances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..............Appellant Vs. Abdur Rahim and Oth­ers.....……………………………...Respondents Judgment March 19, 1989. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Art. 102 Election Commission may direct re-poll, or acce..

Category: Election Law | Date: | Hits: 152

Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)

....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......M. Abdul Matin Sarker & ors.................Respondents (In C. P. Nos. 990 & 58 of 2005) Judgement March 23, 2006. Lawyers Involved: A.J. Mohammad Ali, Attorney General, (Mushfiqur Rahman, Deputy Attorney General with him), instructed by Ahsan Ullah Patwary, A......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ....... ..

Category: Employment/Service Law | Date: | Hits: 56

Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)

....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......nd others ............petitioners Vs. Zahid Maleque and another...........Respondent Judgement June 14, 2005. Lawyers Involved: A.J. Mohammad All, Attorney General, instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners Dr. Kazi Ak......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..

Category: Property Law | Date: | Hits: 48

Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)

.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......titioner along with two others filed writ petition No.2709 of 2003 stating, inter alia, that by gazette notification dated 7th October 1995 the Government appointed 75 Assistant Superintendents of Police under 15th BCS examination and by another notification dated 17.08.1998 their services were ......il) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Sarwar..............................Petitioner Vs. Bangladesh repre­sented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Ra..

Category: Employment/Service Law | Date: | Hits: 80

Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)

....d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......Nari-O-Shishu Nirjatan Daman Tribunal (in short the Tribunal). 2. The facts, in brief, leading to the leave petition are that one Nilufar Hasnat lodged a First Information Report with Ramna Police Station  on  09.01.2002  alleging that her younger sister Sharmin Hasnat Nell......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 52

Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)

....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add addition­al grounds. Ed. ......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add addition­al grounds. Ed. ......s  imprisonment for  5(five)  months more. 3. The prosecution story in brief is that the petitioner, as informant, lodged a  First Information Report with the Khalishpur Police  Station stating, inter alia, that on 9.4.1990 at 10.30 hours the accused respon­de......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add addition­al grounds. Ed. ..

Category: Procedural Law | Date: | Hits: 100

Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)

....sed on correct interpreta­tion of law and we do not find any cogent rea­son to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......finalise the same; the High Court Division, after hearing; by judgment and order dated 14.01.2002 made the Rule absolute with the observations from the submission of the learned Assistant Attorney General, it is clear that so for no Gazette Notification has been published by the Government and a......the land of the petitioner involved in Special L.A. Case No. 8 of 1964-65 of District Dhaka stating inter alia that total area of 1.8712 acres of land of Mouza Faridabad and Mouza Bownia of Uttara Police Station, Dhaka belonging to the petitioner was requisitioned along with other lands in the ...... Amirul Kabir Chowdhury J Alhaj Sona Ullah……………………….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.....Respondents Judgment January 5, 2005. ..

Category: Property Law | Date: | Hits: 33

Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)

....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......High Court Division in Criminal Appeal No. 2381 of 1998 dismissing the appeal. 2. The facts, in short, are that one Md. Abdul Aziz on 05.01.1995 lodged First Information Report with Lohagara Police Station stating, inter alia, that on 04.01.1995 the accused peti­tioner No.1 Md. Siraju......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 42

Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)

....ngs under section 145 of the Code of Criminal Procedure. The submis­sions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......ngs under section 145 of the Code of Criminal Procedure. The submis­sions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......ngs under section 145 of the Code of Criminal Procedure. The submis­sions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......ngs under section 145 of the Code of Criminal Procedure. The submis­sions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 70

Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)

....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ding under section 145 of the Code of Criminal Procedure ensued between the parties in view of a report dated 20.01.1998 submitted by the officer-in-charge, Dhanmondi, DMP, Dhaka in connection with General Diary No. 1194 dated 19.01.1998 of the said police station reporting apprehension of breach......e the direction given by the learned Additional Metropolitan Sessions Judge for appointment of a non interested third party as the Receiver and further directing the officer-in-charge of Dhanmondi Police Station to continue as Receiver of the disputed property. Hence is this petition. 6. ......hammad Arif i. e. father-in-law of Cyma Zarrar, Cyma Zarrar herself and Fazlul Kader Chowdhury the second party petitioner jointly instituted Title Suit No. 291 of 1995 for injunction against Arab Bangladesh Bank and the Government. In another suit, being Title Suit No. 88 of 1998 at the instanc..

Category: Procedural Law | Date: | Hits: 154