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Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ......fficacious remedy. He has cited various decisions in support of all his submissions. 5. The fact that the petitioner has to deposit the full amount of penalty before filing appeal is not an absolute provision in the Customs Act. There are provisions in the said Act its mitigating the rigo..Category: Business or Commercial Law | Date: | Hits: 111
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....dur Rouf J: This petition to leave to appeal by Respondent NO. 2 of Writ Petition No. 1414 of 1994 is from the judgment and order dated July 24th, 1995 passed by the High Court Division making the Rule Nisi absolute setting aside the judgment and order passed on October 27, 1992 by the First Cou......: This petition to leave to appeal by Respondent NO. 2 of Writ Petition No. 1414 of 1994 is from the judgment and order dated July 24th, 1995 passed by the High Court Division making the Rule Nisi absolute setting aside the judgment and order passed on October 27, 1992 by the First Court of Sett..Category: Property Law | Date: | Hits: 58
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....This appeal by leave by the accused-appellant is from the judgment and order of a Division Bench of the High Court Division dated 18.4.95 in Criminal Miscellaneous Case No. 1118 of 1994 making the Rule absolute 2. The complainant respondent filed a petition of complaint under sections 499......appeal by leave by the accused-appellant is from the judgment and order of a Division Bench of the High Court Division dated 18.4.95 in Criminal Miscellaneous Case No. 1118 of 1994 making the Rule absolute 2. The complainant respondent filed a petition of complaint under sections 499/500/..Category: Criminal Law | Date: | Hits: 60
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ..Category: Business or Commercial Law | Date: | Hits: 107
Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
....ded that the decision to shift the office of the Union Parishad was in violation of the Government Circular dated March 16, 1987, and that the Minister acted illegally in violation of the following Rule 4 (vii) of the Rules of Business: “The Secretary shall be official head of ......e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ..Category: Property Law | Date: | Hits: 71
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....inister of Works under section 5(2) of Act II of 1947 and against one Abul Khair Litu under the said section of the said Act read with section 109 of the Penal Code, the present petitioner obtained a Rule in Criminal Revision No. 365 of 1992 praying for quashing of the said proceedings against him u......ainst him under section 561A Cr. P. C. The Rule was heard by a Division Bench of the High Court Division and by judgment and order dated 30.11.94 and 1.12.94 the learned presiding Judge made the Rule absolute while the learned Junior Judge discharged the Rule. The Criminal Revision was ultimately re..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
.... High Court Division in Writ Petition No.674 of 1987 and eight others which were heard analogously and disposed of by a common judgment. Different cinema halls moved those Writ Petitions and obtained Rules calling in question the acceptance by the appellant the award given by the Minimum Wages Board......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. ..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....ical College and others, arise out of judgment and order dated 18.5.1994 passed by a Division Bench of the High Court Division in Writ Petition Nos. 2141, 2142, 2143, 2195 and 2196 of 1993 making the Rules absolute therein and declaring that the notification dated 20.10.1993 issued under the signatu......ollege and others, arise out of judgment and order dated 18.5.1994 passed by a Division Bench of the High Court Division in Writ Petition Nos. 2141, 2142, 2143, 2195 and 2196 of 1993 making the Rules absolute therein and declaring that the notification dated 20.10.1993 issued under the signature of ..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....Order dated 8.5.95 passed by the High Court Division in Writ Petition No. 1321 of 1994). Judgment: Mustafa Kamal J: The petitioner-company obtained a Rule Nisi in Writ Petition No. 1321 of 1994 calling upon the respondents to show cause why the noti......der dated 18.8.92 declared that the cancellation of the agreement so far as it related to the systems other than the cellular radio telephone system was not in accordance with law and made the Rule absolute in this regard, but discharged the Rule insofar as the cellular radio telephone system is..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....t 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 Rule in part and making the Rule absolute in part in Writ Petition No.1286 of 1992. The writ petitio......286 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 Rule in part and making the Rule absolute in part in Writ Petition No.1286 of 1992. The writ petition is the appellant in CA No.73 of..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....those of the trial Court. 6. From the said decision of the learned District Judge, Sylhet defendant No. 1 moved the High Court Division (Sessions at Sylhet) in revision and obtained a Rule in Civil Revision No. 66 of 1986 and a learned Single Judge after hearing the parties, by his...... (Sessions at Sylhet) in revision and obtained a Rule in Civil Revision No. 66 of 1986 and a learned Single Judge after hearing the parties, by his judgment and order dated 14.5.1987, made the Rule absolute and sent back the suit on remand to the trial Court. 7. The plaintiffs being..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....ts being Title Appeal No. 90 of 1986 the learned District Judge dismissed the appeal by his judgment and decree on 4.11.1991. The respondent thereafter moved the High Court Division and obtained a Rule on 10.2.1992 in Civil Revision No. 366 of 1992 with an ad-interim order of stay of operation o...... 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 ..Category: Property Law | Date: | Hits: 61
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....972 and the same has been in possession of the Government through its allottee ever since. 11. By the impugned judgment and order dated 29 October 1991 the High Court Division made the Rule Nisi issued in the writ petition absolute declaring that the judgment and order of the Court ...... of the Government through its allottee ever since. 11. By the impugned judgment and order dated 29 October 1991 the High Court Division made the Rule Nisi issued in the writ petition absolute declaring that the judgment and order of the Court of Settlement were passed without any l..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
.... leave by the accused-appellant, who is on bail, is from the judgment and order dated April 4, 1995 passed by a Division Bench of the High Court Division in Criminal Revision No. 2091 discharging the Rule and thereby affirming the orders of the learned Sessions Judge. Munshiganj dated 26.1.1991 and ......on 339C, “further proceedings in respect of the trial shall stand stopped and the accused person released”. That was the right which the appellant was seeking to pursue, but that right was not an absolute one. Under section 339D the proceedings could be revived upon a prayer from the prosecution..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. ...... that Dr. Shamim took a loan of Tab 10,000.00 from Rupali Bank on 26.6.70. He repaid nearly all the outstanding dues except Taka 3,098.00 for realisation of which the Bank filed the suit. There is absolutely no explanation as to why he did not appear in the suit if he was present in Bangla and r..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. ......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)
....onment for four months. The said order of conviction and sentence passed by the learned Special Judge on 29.4.67 resulted in the aforementioned two appeals in this Court and issuance of a suo motu Rule for enhancement of sentence. 7. Mr. Fakir Shahabuddin Ahmed, the learned Advocate for t......nder sections 161 and 165A are to be scrutinised with reference to an official act. The learned Advocates for the appellants very rightly pointed out to the effect that in this case there has been absolutely no evidence to show that there was any official act. Vaguely it was explained to the acc..Category: Criminal Law | Date: | Hits: 68
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. ...... of the judicial Committee of the Privy Council also observed that in a case where it is either admitted or found as a fact that the tenants had been let into possession by the landlord who was the absolute owner, the tenant claims rights of occupancy, the burden will be on the tenant to prove th..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
.... NA Rouf, Advocate—For the Petitioners. Not represented- State. Criminal Revision Case No. 152 of 1969. Judgment: A Quasim J.- This Rule is directed against an order of conviction and sentence under sections 147, 323 and 324 of the......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. ..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
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