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Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
.... Court while framing charge or the Court exercising jurisdiction under section 561A Cr. P. C. to examine the admissibility, relevance, propriety or sufficiency of materials. For, all these questions, specially in a criminal trial, are mixed questions of fact and law which cannot be resolved in an ab......ion was ultimately referred to and heard and disposed of by a learned Third Single Judge who by his judgment and order dated 9.5.95 discharged the Rule. The petitioner has preferred this petition for leave to appeal from the last judgment referred to above. 2. Short facts necessary for disposal o..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......peal No. 39 of 1991. (From the Judgment and order dated, 27 August 1 passed by the High Court Division, Dhaka, in Writ Petition No.674 of 1987). Judgment Md. Abdur Rouf J. - This appeal by leave at the instance of the Government is against the judgment and order dated 27 August 1989 passe..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
.... Pursuant to the above the Principal issued the impugned notification dated 20.10.1993 expelling the respondents forever from the College on the ground that they were found prima facie guilty by the special committee upon enquiry for the horrifying murders and terrorist activities in the doctors’......ent and order dated 18th May, 1994 passed by the High Court Division in Writ Petition Nos. 2141, 2142, 2143, 2195 and 2196 of 1993 respectively). Judgment ATM Afzal CJ.- These five appeals, by leave, at the instance of the Principal, Chittagong Medical College and others, arise out of judgmen..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....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 ......ted to cancel, rescind and /or withdraw the same. The Rule Nisi was discharged by a Division Bench of the High Court Division by judgment and order dated 8.5.95 from which the petitioner now seeks leave to appeal. 2. The short facts of the case are, that respondent No. 1, Bangladesh Teleg..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....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...... Civil Appeal No.3 of 1993. (From the Judgment and order dated 18.8.92 passed by the High Court Division in Writ Petition No. 1286 of 1992) Judgment Mustafa Kamal J.- These two appeals by leave are from the same judgment and order of the High Court division dated 18.8.92 discharging the ..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....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 ......ision No. 2437 of 1990 (Dhaka) (Civil Revision No. 66 of 1988 (Sylhet). Judgment ATM Afzal CJ.- This is a plaintiffs’ appeal by leave and it arises out of a suit for pre-emption under the Mohammedan Law. The only question for c..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 ......il Revision No. 366 of 1992) Judgment: Md. Ismailuddin Sarker J.- This appeal by leave is by the plaintiff-appellants against the judgment and order dated 4.8.1993 passed by a lear..Category: Property Law | Date: | Hits: 61
Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ...... M I Farooqui, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record. —For the Petitioners. Not Represented — Respondents. Civil Petition for leave to Appeal No. 95 of 1991. (From the judgment and order dated 31st October, 1990 ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... 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 ......h October, 1991 passed by the High Court Division in Writ Petition No. 1602 of 1988). Judgment ATM Afzal CJ.- In this appeal by leave, at the instance of the respondent-Government in Writ Petition No. 1602 of 1988, the short qu..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......pplication. The High Court Division was not right in deciding the case on the 2nd May, 1994. I concur with the decision that the appeal be dismissed. Md. Ismailuddin Sarker J.- This appeal by leave by the accused-appellant, who is on bail, is from the judgment and order dated April 4, 1995 p..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....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. ...... Appeal Nos. 181 of 1990 and 30 of 1992). Judgment Mustafa Kamal J- These two appeals by leave have been preferred by Bangladesh from the common judgment and decree of the High Court Divis..Category: Property Law | Date: | Hits: 61
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
.... "When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Penal Code, or within special exception or proviso contained in any other part of the Code, or in any law defining the o......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. ..Category: Criminal Law | Date: | Hits: 68
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....he term Hindu undivided family has to be understood in its ordinary meaning. Under that clause Hindu undivided family only meant a Hindu undivided family governed by the Mitakshara Law. This was a special interpretation attached to the term in view of this sub-section. As soon as this was deleti......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....spondent No. 1 to convene a meeting to take proper step, for removing the petitioner. Thereafter, the Deputy Commissioner, Khulna who is also the Chairman of the District Council, Khulna convened a special meeting of the elected members of the District Council for removal of the petitioner. The ......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. ..Category: Others | Date: | Hits: 92
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....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. ......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. ..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. ..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......ng of the suit, the question of stay of its hearing under section 10 of the Code of Civil Procedure could not arise. It is true that shortly after the disposal of the appeal, an application for leave to appeal to Federal Court has been filed but that will be of little help to the appellant f..Category: Property Law | Date: | Hits: 86
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ...... view of the matter therefore, the learned Munsif, in my opinion, cannot be said to have exercised the jurisdiction vested in him in a proper manner. I would, therefore, set aside his order and leave the parties free to seek such remedies as they may be advised to do by a suit rather than in..Category: Property Law | Date: | Hits: 69
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 106
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......as within time under general law of limitation. 11. In the result, this appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ..Category: Property Law | Date: | Hits: 69