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Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... Bench of the High Court Division in First Miscellaneous Appeal No. 313 of 1981 allowing the same upon setting aside the judgment and order dated September 23, 1980 of the 1st Court of Subordinate Judge (now Joint District Judge), Barisal in Miscellaneous Case No.36 of 1979 dismissing the same. ..Category: Civil Law | Date: | Hits: 112
Abu Taleb Vs. State, 2007, 36 CLC (AD)
.... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......e petitioner was allowed bail by the learned Chief Metropolitan Magistrate, Dhaka on 5-7-1995 but during trial he was absconding. 3. Be that as it may, the case was sent to the Metropolitan Special Tribunal. The said Special Tribunal in Special Tribunal Case No. 5924 of 1999 after examini...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......, 2002 of a Single Bench of the High Court Division in Civil Revision No.1578 of 1999 discharging the Rule obtained against the judgment and decree dated April 8, 1999 of the 1st Court of Assistant Judge, Naogaon in Small Cause Courts Case No. 1 of 1992 decreeing the same. 2. Facts averrin..Category: Property Law | Date: | Hits: 46
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
.... the Government by acquisition according to law. 4. The respondent No. 1, Government of Bangladesh represented by the Secretary, Ministry of Land and respondent No. 5, Sub-Divisional Engineer, Public Works Department, Dhaka by filing joint affidavit-in-opposition contes......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ...... Md. Ruhul Amin J. - Appellants are the heirs of plaintiff Afsaruddin. The appeal has been filed against the judgment dated May 13, 1997 in Civil Revision No.2335 of 1992 passed by a learned Single Judge of the High Court Division making the Rule absolute and thereupon setting aside the judgment ..Category: Property Law | Date: | Hits: 44
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......ave gone through the draft judgment prepared by my learned brother Mr. Amirul Kabir Chowdhury J and the separate dissenting note written by my learned brother Mr. Md Joynul Abedin J. 2. The author Judge, Mr. Justice Amirul Kabir Chowdhury has elaborately narrated the facts and circumstances a..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......he judgment and decree dated 25-5-1999 passed by the High Court Division in First Appeal No. 95 of 1992 dismissing the appeal filed against those of dated 16-11-1991 passed by the learned Subordinate Judge (now Joint District Judge), First Court, Khulna in Money Suit No. 12 of 1989 decreeing the sui..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......th the petitions. 3. Writ Petition No. 3260 of 2001 giving rise to Civil Petition No. 622 of 2004 was filed by the writ petitioner against the judgment and decree passed by the learned Subordinate Judge, Artha Rin Adalat No.3, Dhaka dated 5-5-2000 in Money Suit No. 109 of 1998 while Writ Petition..Category: Business or Commercial Law | Date: | Hits: 135
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......h, Barisal in Criminal Appeal No. 140 of 1984 acquitting the respondents under section 302/34 of the Penal Code by setting aside the order of conviction and sentence passed by the Additional Sessions Judge, 2nd Court, Patuakhali in Sessions Case No. 67 of 1983. 2. Leave was granted to consider wh..Category: Criminal Law | Date: | Hits: 117
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. ......Pre-emptee-appellants arises out of a proceeding under section 96 of the State Acquisition and Tenancy Act, 1950 and is directed against the judgement and order dated 8 April, 1984 passed by a Single Judge of the High Court Division, Sylhet Bench in Civil Revision No. 55 of 1983 allowing pre-emption..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... 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. ...... charged has been committed before seeking to prove that the accused on trial committed the crime. Monir in his Law of Evidence (compact edition by H.S. Urseker page 13) has stated under the heading "Special rules of proof in criminal trial" that among other things there must be clear and unequivoca......he conviction and sentence of the appellants under sections 395/397 Penal Code. 2. The appellants along with five others were put on trial (three tried in absentia) before the Assistant Sessions Judge, Bakerganj on the aforesaid charge on the allegation that in the night following 20.10.81 at a..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. ......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. ...... a contract for sale of a residential flat in Chandpur Government Housing Estate. The decree was passed by the Munsif, Chandpur, is T.S. No. 74 of 1975; it was affirmed in appeal by the Subordinate Judge; the High Court Division did not interfere with it in revision. 2. In the judgment of the..Category: Property Law | Date: | Hits: 40
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
....order be forwarded to the Deputy Registrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ......order be forwarded to the Deputy Registrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ......al Mis. Case No. 24 of 1985 refusing the accused-petitioners bail pending disposal of a revisional application against their conviction and sentence. 2. They were tried by the Assistant Sessions Judge, Jhenidah in Sessions Case No. 367 of 1982, and were convicted and sentenced to rigorous impri..Category: Criminal 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.......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. ......ted by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Asrarul Hossain, Senior Advocate instructed by Md. Wahidullah, Advocate-on-Record— For the Respondents. Civil Petition for Special Leave to Appeal No. 242 of 1988. (From the judgment and order dated 4.2.1988 passed by th......sion, Rangpur Session in Civil Revision Case No. 411 of 1985). Judgment ATM Afzal J. - This petition by the plaintiff is from the judgment and order dated 4 February 1988 passed by a Single Judge of the High Court Division, Rangpur Bench in revision setting aside the judgment and decree pa..Category: Employment/Service Law | Date: | Hits: 98
Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)
....ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ......ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ......e of the appellant on ad interim bail to the satisfaction of the Deputy Commissioner. And also directed that the matter would be heard expeditiously. 2. The appellant was convicted by the Sessions Judge, Pirojpur, under section 304 of the Penal Code and sentenced to rigorous imprisonment for 5 ye..Category: Criminal Law | Date: | Hits: 64
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. ......eal No. 148 of 1986). Judgment Shahabuddin Ahmed J. - This appeal by special leave questions the propriety of conviction of the two appellants under sections 477A/109 of the Penal Code, by the Special Judge, Faridpur, confirmed in appeal by a learned Single Judge of the High Court Division.......148 of 1986). Judgment Shahabuddin Ahmed J. - This appeal by special leave questions the propriety of conviction of the two appellants under sections 477A/109 of the Penal Code, by the Special Judge, Faridpur, confirmed in appeal by a learned Single Judge of the High Court Division. 2. A..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. ......Death Reference No. 3 of 1986 and Jail Appeal No. 94 of 1986.) Judgment ATM Afzal J. -The accused-appellant has been sentenced to death for committing a double-murder by the Additional Sessions Judge, Rangpur and the High Court Division has confirmed the said sentence. Leave to appeal was gran..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. ...... 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. ...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
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