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Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......ty Order, he wanted to show that as the property of the petitioner did not come within the definition of abandoned property there is o scope of the application of the Regulation in the petitioners case. He next submitted that if the Regulation is said to have intended to prevent a person from ch......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......M Mahbubuddin, learned Advocate appearing on behalf of the petitioner, submits inter alia, that the High Court Division failed to appreciate that the complainant respondent No. 2 filed the criminal case against the petitioner to deprive him from paying advance money which was received against de......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 138
Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
.... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ......n for leave to appeal is directed against the judgment and order dated 30-7-2006 passed by the High Court Division in Criminal Revision No. 1395 of 1993 discharging the Rule. 2. Prosecution case, in brief, is that the informant on the murder of his brother, Abdul Khaleque, lodged the FIR ...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ..Category: Criminal Law | Date: | Hits: 50
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
....ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ......ntending, inter alia, that the respondent No. 8 joined as Headmaster of that school, but after his joining he was found to be involved in illegal activities and accordingly, he had to face criminal case. The Managing Committee took note of such illegal activities of the respondent No. 8 and pursua......ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ..Category: Civil Law | Date: | Hits: 111
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......rials on record, considers the charge against any accused person to be groundless but for that he is required to examine the materials on record on the basis of which the prosecution initiated the case/ which means that the materials collected during investigation are to he examined for the purp....... 2, as informant, lodged FIR before Nazirpur Police Station stating that on 9-5-1998 at 6-00 AM the accused petitioner and others forming unlawful assembly with deadly weapons entered the schedule land and cut and took away ripe paddy valued at Taka 1,25,000 and on getting the information when ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......cales of pay as Preventive Officers had been raised and that their pay scale was similar to the post of Appraiser and the promotion as Appraiser was merely a formality and paper transaction. Their case went up to the Appellate Division and the Appellate Division by its judgment and order dated 2......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ...... 2. The facts, in short, are that the respondent No. 1 as petitioner filed Writ Petition No.6576 of 2007 before the High Court Division challenging the legality of the approval given in the instant case by the Additional Secretary, Law Section'1, Ministry of Home Affairs, Government of Banglades......lvi Muhammad Jamil PLD 1965 (SC) 681; Maxwell on Interpretation of Statutes, 1962 Edition, pp.212,216 and 217 Crawford on Statutory Construction, 1940 Edition, page 568 and 648, Halsbury's Laws of England, Vol. 36, Third Edition, pp. 423 and 426, Craies on Statute Law, Fifth Edition, pp. 370 and 371..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......erit in accordance with the provision of section 123 independent of Article 48(3) of the Constitution. 16. In support of his contention, the learned Deputy Attorney-General relied upon the cases of SP Gupta vs President of India reported in AIR 1982 (SC) 149, State of Punjab vs SS Singh......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..Category: Constitutional Law | Date: | Hits: 124
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......entered into a contract with the plaintiff for sale of the suit land at a consideration of Tk. 28,00,000/-; that on receipt of Tk.5,00,000/- on 03-02-1995 executed an agreement and it is the case of the plaintiff that as the defendant failed to execute and register the necessary deed of sa...... suit against defendant No. 1, Anowara Begum for specific performance of contract stating, inter alia, that the said defendant No. 1 entered into a contract with the plaintiff for sale of the suit land at a consideration of Tk. 28,00,000/-; that on receipt of Tk.5,00,000/- on 03-02-1995 ex..Category: Property Law | Date: | Hits: 41
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......plication for withdrawal contending that they along with their written statement have already filed a counter-claim for Taka 4,15,27,204 against the plaintiff on payment of due court fees and so in case of withdrawal of the said money suit the defendant No. 2 is required to be transposed as the p...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..Category: Civil Law | Date: | Hits: 111
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
....der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ......ction 30 of the Customs Act 1969 and the Bills of Entry were presented to the customs authority while the impugned notification had been in force and the further submission that in the instant case the bill of entry was presented on 4-4-1993 and the tariff value of the skimmed milk powe......der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......f Chief Metropolitan Magistrate, Chittagong and the respondent No.1, having started construction of a multi-storied building on the said land forcibly occupied, the appellant No.1 also filed civil cases which are pending; then the respondent No.1 filed the present Writ Petition No.2410 of 1990 s......I of 1982), Section 7(3) Since the requiring body paid the full amount of compensation and the concerned authority repeatedly rejected the prayer of respondent No. 1 to release .28 acres of land from acquisition, the High Court Division was not justified in directing the acquiring body to..Category: Labour and Industrial Law | Date: | Hits: 83
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ........................Appellant (In both the cases) Vs. Barrister Mir Md. Helaluddin and another…..Respondents (In Criminal Appeal No. ......id, "amidst the clash of arms the laws are not silent. They may be changed but they speak the same language in war and peace." Habeas Corpus Suspension Act and the Emergency (Defence) Act, 1939 in England are the other examples. In India in 1975 though 9 High Courts held that writ petitions in the n..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......ew of the presently available advanced science and technology the opinion of handwriting expert is preferable to the Court’s exercising power under section 73 of the Evidence Act. However, in case of extreme necessity, as in the present case, where both the Courts below neither compared dis......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ...... Kerala and others, AIR 1997 (Kerala) 291; Myers V. United States, 272 U.S. 52,71,L.Ed.160. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Appellants (In both cases). Fida M. Kamal, Attorney General (Syed Haider Ali, Deputy Attorney General and Zahur......rtal per se is not illegal but where any call for hartal is accompanied by threat it would amount to intimidation and the caller for hartal or strike would be liable under the ordinary law of the land. It is therefore my view and we agree with the ratio in the flag burning case that where an a..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......uring the time of alleged occurrence no political party was in power and a neutral Care Taker Government was in power and as such there was no reason for refusal of the police to register the case. 5. He then submits with the reference to order dated 04.07.2004 passed by the learned ......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......ourt of Assistant Judge, Raozan, Chittagong in Other Suit no. 79 of 1979 dismissing the same. The suit filed seeking a decree for permanent injunction against the defendant nos. 1-4. 2. The case of the plaintiff is that the land in suit was owned by Abdul Hamid predecessor of the def......hittagong in Other Suit no. 79 of 1979 dismissing the same. The suit filed seeking a decree for permanent injunction against the defendant nos. 1-4. 2. The case of the plaintiff is that the land in suit was owned by Abdul Hamid predecessor of the defendant Nos. 1-9. He sold the same ..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......995. It is the contention of the learned Counsel that lapse of time is no bar in challenging legality of certain law or the Rules. The said contented would be of worth consideration in a case where the person complaining was affected by the amendment in the law. But in the instant......g the Rule. 2. The writ petitioner challenged the amendment of the schedule (published in the Gazette on January 23,1986) of the Department of Shipping (Engineer and Ship Surveyor of Inland Ships) Recruitment Rules, 1980 and the Memo. No. E-1(1)/Part-6/3224 dated 27.3.2001 giving cu..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......…………………….Appellant Vs The Collector of Customs, Customs House, Chittagong & others................. Respondents (In all the cases). Judgment August 8, 2005. Cases Referred To- Mustafa Kamal Vs. ......ce of Bombay Vs. Pestonji Ardeshir Wadia and others, AIR 1949 PC 143; Gupto Imp. Vs. Board of Revenue, AIR 1953 SC 25; Texco Stores Vs. Secretary of State for Environment and others, (1995)2 All England Reports 636; Ghulam Zarina, 16 DLR 486 Vs. A.B. Khondkar; Her Majesty the Queen Vs. Burah, 5 ..Category: Fiscal/Taxation Law | Date: | Hits: 107
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