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Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
.... Sarker J Moudud Ahmed…………………..Petitioner Vs. State……………………………………Respondent. Judgment November 2nd, 1995 Lawyers Involved: Rafiq-ul-Huq, Senior Advocate (Azizul Advocate with him) instructed by Md. Hossain, Advocate-on-Record— For the ......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......itioner has preferred this petition for leave to appeal from the last judgment referred to above. 2. Short facts necessary for disposal of the petition are, that on 9.5.91 Mr. Md. Ataur Rahman, on Officer of the Bureau of Anti-Corruption. Dhaka Region lodged a First Information Report with Motijh..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....dwin (1964) AC 40 (Law Reports 1964) & 16 DLR (SC) 722. Lawyers Involved: Aminul Huq, Attorney-General instructed by B Hossain, Advocate-on-Record— For the Appellants. Amirul Islam, Senior Advocate, (Zakir Ahmed Senior Advocate with him) instructed by Md. Aftab Hossain, Advocates-o......pondents, Mr. Amirul Islam, as to the content and extent of the rule of natural justice, particularly as are applicable in the facts of the present case. Mr. Islam read out passages from De Smith’s Judicial Review of Administrative Action, 4th Edition, Page 190 and from the opinion of Lord Hodson ......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....se Referred To: The Moorcock, (1886-90) All ER Rep. 530 and Koduri Krishnarao vs. State of Andhra Pradesh, AIR 1962 (Andhra Pradesh) 249. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Rafiq-ul Huq and Mahmudul Islam, Senior Advocates with him) instructed by Shamsul......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
..... Cases Referred to- Mohinder Singh vs. Chief Election Commissioner, AIR 1978 (SC) 851; Joseph Vilangandan vs. Executive Engineer, AIR 1978 (SC) 930. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate Mahmudul Islam, Advocate with him), instructed by Shamsul Haque Siddique, Advocate-o......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....nts Judgment August 13, 1995. Case Referred to- Durga Prasad vs. Munsi (1884) All (Vol.6) 423. Lawyers Involved: TH Khan, Senior Advocate, (AJ Mahmud Ali, Advocate, Supreme Court with him) instructed by Sharifuddin Chakla......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......n a proceeding under section 145 of the Code of Criminal Procedure being MR Case No. 105 of 1976 and the learned Magistrate, First Class, Jhenidah by his order dated 22.11.1974 appointed the Circle Officer (Revenue) Sailakupa receiver of the Suit land in view of the ex parte decree. But after the..Category: Property Law | Date: | Hits: 61
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....nbsp; Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Appellant. Rafiqur Rahman, Senior Advocate, Supreme Court, instructed by Serajur Rahman, Advocate-on- Record— For Respon...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....6. Lawyers Involved: A. W. Bhuiyan, Additional Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Appellants (In both the Appeals). T H Khan, Senior Advocate (MA Wahhab Miah, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Re......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ...... a case the Court comes to a determinate and definite conclusion, then in such a case the question of onus loses its importance and the same need not be further pursued. See the observation of the Judicial Committee of the Privy Council in the case of Hames and another vs. Hickson AIR 1946 PC 15......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......ers who were in ambush near about the place witnessed the payment made to the accused Abdul Gani by Omar Ali and the Constable Abdus Subhan, caught him with the amount in his hand and the other two Officers, MA Rashed and Mujibar Rahman also rushed to the spot and charged the accused Abdul Gani ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ...... Mokbul were tied with ropes and kept detained in the courtyard of that house. PW 1 Sk. Elahi Baksh went to the thana and lodged FIR at 10.45 AM in the morning on 26.7.69. PW 13 Jalaluddin Ferozi, Officer-in-Charge, Narail Police Station recorded the FIR and sent PW 5 Constable Osman Gani to sea..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......s of proof and in support of his contention has referred to the Privy Council decision in the case of Kumbhan Lakshmanna and others vs. Tangirala Venkateswarla 2 DLR 83 (PC). Their Lordships of the Judicial Committee of the Privy Council held in the said case to the following effect: ......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......e sentence passed by the learned Magistrate, specially in respect of the petitioner No. 1 Safar Ali, is rather severe. My attention has been drawn to the evidence of the Investigation Officer (PW 9) who has stated in his cross-examination that he went to the locality and saw the kal..Category: Criminal Law | Date: | Hits: 69
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......d be regarded and assessed as such for the purpose of the Bengal Agricultural Income-tax Act as applied to this part of the country." 9. The observation of their Lordships of the Judicial Committee in the case of Kalyani Vithaldas vs. Commissioner of Income Tax, Be......t was contended that the Undivided Hindu Family was disrupted from 1948 (Agrahayan 1354 BS) and, as such, the assessee Bepar Chandra Barman was entitled to be assessed as an individual, the Revenue Officers beginning from the Agricultural Income-tax Officer upto the Appellate Tribunal maintained ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......l on 23.1.1968 removing the petitioner from the office of Chairman of Islamkati Union Council under Article 25 (3) (b) of the Basic Democracies Order, 1959 as well as an order of the Sub-Divisional Officer, Satkhira dated 3.1.1968 directing the petitioner to make over charge of his office to the..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......respect of the whole Rs. 24,0007-, decided to take action under section 436 of the Code of Criminal Procedure, and against the aforesaid decision a revisional application was filed before the Oudh Judicial Commissioner's Court. The question that arose for consideration was whether the District M...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ...... held inquest on the dead body of Altafunnessa in the house of the accused and suspecting that it was not a case of suicide sent the said dead body to the Gaibandha morgue. PW 5 Dr. A Azim, Medical Officer Gaibandha Hospital examined the dead body of Altafunnessa and found a deep gaping incised ..Category: Criminal Law | Date: | Hits: 124
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ......isputed lands which are in their possession. They further allege that they were possessing the disputed lands from long before bargadar and on 3.10.68 they were served with notice by Sub-divisional Officer Jhenidah asking them to surrender the said disputed properties; and accordingly, they praye..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....hman—For the Appellant. Md. Modabber Hosain —For the State. Criminal Appeal No. 204 of 1958. Judgment: Abdullah Jabir J.- This appeal arises out of the judgment of A. Q. Chowdhury, Senior Special Judge, Jessore convicting the appellant Aminul Islam under sub-section (2) of section......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......nths and to pay a fine of Rs. 500/- in default, to suffer rigorous imprisonment for one and a half month more. 2. The prosecution case is that while the appellant was serving as the Sub-divisional Officer of Sadar Jessore he had domain over a sum of Rs. 5, 976, 20 paisa which represented the fund..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......assing of this order controversy arose as to the settlement and allotment of new char lands amongst the parties and the Additional Deputy Commissionr (Revenue) Barisal, directed the Sub-Divisional Officer, Bhola to dispose up all such claims of settlement and allotment of the lands in view of th..Category: Property Law | Date: | Hits: 81
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