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Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......dgment June 29, 1977. Cases Referred to: Bal Kissan Vs. Collector of Customs AIR 1959 Calcutta 533; Palrwala Brothers Ltd. Vs. Collector of Customs AIR 1958 Calcutta 232. Lawyers Involved: K.A. Bakr, Attorney-General with Sultan Hossain Khan, Deputy Attorney-Gene......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......asji Tata Rawool and others Vs. State of Maharashtra, 1971 Vol.III SCC 416; 1969 Vol.I SCC 48; 18 DLR (WP) 112; Lachman Singh Vs. State AIR 1952 (SC) 167; AIR 1972 (SC) 975; AIR 1971 (SC) 1405. Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-R......or the Appellants. B. Hossain, Deputy Attorney-General, instructed by Mohammad Ayub, Advocate-on-Record — For the Respondent (State). Criminal Appeal No. 11 of 1989. (From the Judgment and Order dated 9.5.88 passed by the High Court Division, Chittagong Bench, in Death Reference No. 2/87 ..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......resh prosecution on the selfsame facts after a proceeding is stopped and accused released under section 339C (4) of the Code. Order of the High Court Division is thus confirmed…………..(7 & 9) Lawyers Involved: KS Nabi, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-on-Rec......go untried. This court hold that there is no legal bar for instituting a fresh prosecution on the selfsame facts after a proceeding is stopped and accused released under section 339C (4) of the Code. Order of the High Court Division is thus confirmed…………..(7 & 9) Lawyers Involved: KS N..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... Syed. Md. Sakk Vs. Bangladesh (1975)27 DLR 328; P. R. Nayek Vs Union of India, AIR 1972 (SC) 554; Mian Md. Hiyat Vs Province of West Pakistan, (1964) 16 DLR (SC) 251: PLD 1964 (SC) 321. Lawyers Involved: S. R. Pal, Advocate, with Md. Moksodur Rahman, Advocate instructed by S. M......ed by S. M. Huq. Advocate-on–Record- For the Petitioner. Not represented - Respondents. Civil Petition for special leave to appeal No.199 of 1977 (From the Judgment and Order dated 21-7-1977 passed by the High Court in Writ Petition No. 288 of 1967) Judgment ..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......p; August 7, 2006. Cases Referred to- 35 DLR (AD) 216; 56 DLR (AD) 53; 25 DLR (SC) 90; 10 DLR (PC) 1; 43 DLR 18; 39 DLR (AD) 237; 48 DLR (AD) 154; 57 DLR (AD) 55. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Adv...... of the learned Assistant Judge as to destruction of the suit register cannot be accepted as correct since destruction of the suit register is not permissible under the provision of Civil Rules and Orders, although the provision of Civil Rules and Orders provides for destruction of certain recor..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......azzul Islam J Government of the People's Republic of Bangladesh........................Petitioner Vs. Md. Shahabuddin and others.................Respondents Judgment June 18, 2006. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. AKM Shahidul Hu......itioner. AKM Shahidul Huq, Advocate-on-Record—For Respondent Nos. 1-3. Not represented—Respondent Nos. 4-19. Civil Petition for Leave to Appeal No. 1716 of 2005 (From the Judgment and Order dated March 14, 2005 passed by the High Court Division in Civil Revision No. 2580 of 2000). ..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......6; Mir Abdul Ali vs. Md. Rafiqul Islam, 40 DLR (AD) 75; Progati Industries Ltd vs Shahida Khatun and others, 43 DLR 429; Quazi Din Mohammad vs. Alhaj Arzan Ali and another, 47 DLR (AD) 48. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advoc......nstructed by Md. Nowab Ali, Advocate-on-Record— For Respondent No. 1. Not represented— Respondent Nos. 2 and 3. Civil Appeal No. 229 of 2003 (From the Judgment and Order dated April 9, 2003 passed by the High Court Division in First Appeal No. 186 of 1999) ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ...... Amin J Bazlur Rahman Sarker......................Appellant Vs. Kamala Kanta Barman…………..Respondents Judgment November 11, 2006 Lawyers Involved: Md. Fazlul Karim. Senior Advocate, instructed by Md. Nawab Ali, Advocate-......cate instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent No. 2 Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Court Division in Civil Revision No.414 of 1988 (Rangp..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ....... Abdur Rahman and others………….. Appellants Vs. Bangladesh……………..Respondents Judgment June 27, 1977. Lawyers Involved: Akram Hossain Amin, Advocate — For the Appellants. Sultan Hos......with B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Hoda, Advocate–on-Record — For the Respondent. Civil Appeal No. 25 of 1976 ( From the Judgment and Order dated 5-7-73 passed by the High Court Division in Civil Revision Case No. 494 of 1973) ..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ...... Mosharraf Hossain…..Appellant Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr………... Respondents Judgment August 15, 1977 Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate with Mahmudul Islam, Advocate, instruc......instructed by Abdur Rab-II, Advocate-on-Record — For respondent No. 2 Not Represented - Respondent No.1. Civil Appeal No. 112 of 1977 (On Appeal from the Judgment and the Order dated 25.05.77 passed by the High Court in Writ Petition No. 336 of 1977) Judgment ..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ...... Parsu Dhondi Vs. Trustees of the Port, Bobbay, AIR 1930 Bombar 44; Commissioner of Taxation Vs. Trustees of St. Mark's Glebe, 1902 Appeal Cases 416; Norman Vs. Norman, 1950 (1) All England Law Reports 1082. Lawyers involved: Ahmad Sobhan, Senior Advocate instructed by Abu ......nt. K A. Bakr Attorney-General, instructed by B. C. Panday, Advocate-on-Record—For the respondents. Civil Appeal No. 29 of 1976 (On appeal from the Judgment and the Order dated 4th May, 1970 passed by the erstwhile High Court of East Pakistan in Writ Petition No. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ......lip; …Petitioner Vs Anisuzzaman Chowdhury and other…………………..........Respondents Judgment August 17, 2006. Lawyers Involved: Faisal H. Khan, Deputy Attorney General, instructed by Md. Ahsan Ullah Pa...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......ip;………………......Petitioners (On bail) Vs The State and another ......................Respondent Judgment August 29, 2005 Lawyers Involved: Abdul Majid, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Reco......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......ct-Chittagong and another……………….Petitioners Vs Muhammad Ismail and others........Respondents Judgement December 11, 2005 Lawyers Involved: Maqbul Ahmed, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-R...... by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent Nos. 1-3 Not represented-Respondent Nos.4-6 Civil Petition for leave to Appeal No.742 of 2005 (From the Judgment and Order dated 01.03.2005 passed by the High Court Division in writ Petition No. 890 of 2003.) ..Category: Employment/Service Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. 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. ......hury Vs. Ajit Kamal Dutta, 6 DLR 267; Dr. Jamshed Bakht Vs. Md. Kamaluddin, (1981) 1 BLD (HCD) 97; AIR 1918 PC 102, 52 CWN 659, 39 CWW 934, 6 DLR 267, 17 DLR (West Pakistan) 26, 22 DLR 664. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant Ex-parte- Resp......n) 26, 22 DLR 664. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant Ex-parte- Respondent Civil Appeal No.201 of 2001 (From the Judgment and Order dated July 20, 1999 passed by the High Court Division in Civil Revision No. 1825 of 1994) ..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......Range Office, Mymensingh and others......Petitioners Vs M/S. Hamid and sons Ltd. and others .....................................Respondents Order June 15, 2005. Lawyers Involved: A. J. Mohammad Ali Attorney General, instructed by (Md. Ahsan Ullah Patwa......ury J Forest Ranger, Bhaluka Range Office, Mymensingh and others......Petitioners Vs M/S. Hamid and sons Ltd. and others .....................................Respondents Order June 15, 2005. Lawyers Involved: A. J. Mohammad Ali Attorney General, ..Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......abir Chowdhury J Musammat Sokhina Khatun..................petitioner Vs Mosammat Rowshanara Begum and others .........Respondents Judgment July 10, 2006. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner Abdul Wad......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......bir Chowdhury J The State. ..................................Appellant Vs A. K. M. Saiful Islam.......................Respondent Judgment November 21, 2005 Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by A. K. M. Shahidul Huq...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ...... Kabir Chowdhury J The State …………….............Petitioner Vs. Ali Ahmed and other..........Respondents Judgment February 23, 2005. Result: The petition is dismissed. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General instructed by B. Hossain Advoc......nal Attorney General instructed by B. Hossain Advocate-on-Record-For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No.152 of 2003 (From the Judgment and Order dated 27.08.2002 passed by the High Court Division in Criminal Appeal No.1361 of 2000) Judg..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......d. Tafazzul Islam J Abdul Majid alias Mujibur Rahman Molla........Appellant Vs. Md. Abdul Matin and others ............Respondents Judgment August 20, 2006 Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, ......rd-For the Appellant Md. Nawab Alt, Advocate-on-Record- For Respondent No.1 Not represented- Respondent Nos.2 & 3 Civil Appeal No. 81 of 2003 (From the Judgment and Order dated November 28, 2001 passed by the High Court Division in Civil Revision No. 170 of 1995) ..Category: Property Law | Date: | Hits: 38
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