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Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)

....on Commission Act, 2004 and section 109 of the Penal Code. Accordingly, charge was framed against the accused persons including the accused-respondent.  After conclusion of trial the learned Special Judge, Special Judge Court No. 2, Dhaka by the impugned judgment and order dated 4-7-2007 convicted ......e 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. ......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. ......n Criminal Appeal No. 6 of 2008) Judgment March 6, 2008. Cases Referred to- ADM, Jabalper vs. Sukla, AIR 1976 (SC) 1207, Harabayashi vs. United States (1943), Solicitor, Government of Bangladesh vs. Syed Sanwar Ali 27 DLR (AD) 16; 1991 BLD (AD) 96 = 43 DLR (AD) 119, 1994 BLD (AD) 184..

Category: Anti-Corruption Laws | Date: | Hits: 219

Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)

....and decree of the courts below dismissing the suit. Hence the plaintiffs filed the aforesaid civil petition for leave to appeal. 6. Leave was granted to consider whether the learned Single Judge of the High Court Division acted illegally in exercise of its jurisdiction in coming to the ......aid 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. ......ol. 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. ......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)

....others appeared in the said Criminal Miscellaneous Case through their respective learned Advocates and filed affidavit in reply to the suo moto notice issued by the High Court Division. The learned Judges of the High Court Division while hearing the Rule requested Mr. Shawkat Ali Khan and Mr. Ja......nt 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. ......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. ......al Code and other penal laws of the country…………….(44) Cases Referred To- Khondaker Modarresh Elahi Vs. The Government of the People's Republic of Bangladesh, 21 BLD 352; Bharat Kumar K. Palicha and another Vs. State of Kerala and others, AIR 199..

Category: Criminal Law | Date: | Hits: 79

State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)

....s 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 Sessions Judge and Special Tribunal No.1. Comilla in Special Tribunal Case No. 188 of 2003 that the accused......r 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. ......erence. 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. ......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)

....d June 24, 1995 of the 1st Commercial Court, Chittagong in other appeal No. 318 of 1991 allowing the same upon setting aside the judgment and decree dated January 29, 1991 of the Court of Assistant Judge, Raozan, Chittagong in Other Suit no. 79 of 1979 dismissing the same. The suit filed seeking ......late 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. ......rt. 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. ......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. ..

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. ......gment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......r review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......J M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Muinuddin Zulfiquer ............................................Petitioner Vs Government of the People's Republic of Bangladesh rep­resented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka a..

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. ......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. ......e, 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. ......e imposition of supplemen­tary duty has the force of law having been made under valid legislation. On such speci­fied types of goods imported/exported men­tioned in the from and out of Bangladesh, sec­tion 25(7) in one of such law authorizing the Government to fix tariff value on..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

.... and order dated 12 November 2002 passed by the High Court Division in Civil Revision No.2468 of 2001 discharging the Rule issued against the judgment and decree dated 11.01.2001 of the Subordinate Judge and Artha Rin Adalat, Rajshahi in Title Appeal No.130 of 1999 reversing those dated 28.02.19......the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dis­missed without any order as to costs. Ed. ......ment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dis­missed without any order as to costs. Ed. ...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dis­missed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 34

Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)

....the High Court Division dated January 26, 2003 discharging the Rule obtained in Civil Revision No. 3497 of 1999. The civil revision was filed against the judgment and order of the Court of District Judge, Dinajpur in Miscellaneous Appeal was filed against the order dated April 13, 1998 and Apri......een filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ......d upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ......ellip;…………….Petitioner Vs Deputy Secretary (Registration) Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, Secretariat, Dhaka and others ........Respondents Judgment November 30, 2..

Category: Civil Law | Date: | Hits: 106

Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)

....6.5.2004 passed by the High Court Division in Civil Revision No. 3948 of 2002 discharging the Rule obtained against the judgment and order dated 18.5.2002 passed by the learned Additional District Judge, Lalmonirhat in Miscellaneous Appeal No. 6 of 1999 affirming, with some modifica­tion, th......on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......d arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....evision No. 1233 of 1996 discharging the Rule. 2.  Short facts are that the respondent-pre-emptor filed the Miscellaneous Case (Pre­emption) No. 44 of 1987 in the Court of Assistant Judge, Bhandaria, Pirojpur seeking pre-emption of the case land stating, inter alia, that Hara Kuma......the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ...... Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ..

Category: Property Law | Date: | Hits: 31

Mokbul Hossain (Md) Vs. Government of Bangla­desh and others, 2006, 35 CLC (AD)

.... Appellate Tri­bunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......y;bunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ...... Appellate Tri­bunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ..

Category: Administrative Law | Date: | Hits: 132

Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)

....s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......hout any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ...... legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ...... Abedin J Commissioner of Customs and others......Appellants Vs. Mohammad Ali................Respondent Judgment April 19, 2007. Cases Referred To- Bangladesh Vs. Mizanur Rahman, 52 DLR (AD) 149. Lawyers Involved: MA Azim Khair, Deput..

Category: Business or Commercial Law | Date: | Hits: 99

Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)

....f those documents has filed this suit. 5. The trial Court decreed the suit. Being aggrieved by the decision, the defendant-petitioners filed Title Appeal No. 125 of 1970 before the District Judge, Kushtia, which was allowed by judgment and decree dated 13-7-1972. 6. The plaintiff r......Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......ivision. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 35

Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....judgment dated 17.8.2000 of the High Court Division passed in Civil Revision No. 2363 of 1998 discharging the Rule which was obtained against the order dated 14-5-98 passed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by the plain......p;                  Accordingly, the appeal is dismissed without any order as to cost. Ed. ......                 Accordingly, the appeal is dismissed without any order as to cost. Ed. ......nbsp;                  Accordingly, the appeal is dismissed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 120

Arif A. Shekha and others Vs. Secretary, Ministry of Indus­tries and another, 2007, 36 CLC (AD)

....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ...... hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......he three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......d another..................................Respondents Judgment June 4, 2007. Result: The appeals are dismissed. Cases Referred to- Messrs Helal Jute Press Limited Vs. Government of Bangladesh, 27 DLR 551; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Governm..

Category: Business or Commercial Law | Date: | Hits: 114

Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)

....f a Single Bench of the High Court Division in Civil Revision No. 876 of 2002 discharging the Rule obtained against the judgment and order dated February 10, 2002 of the 2nd Court of Joint District Judge, Jhalokathi in Title Appeal No.5 of 2001 (in fact Miscellaneous appeal) allowing the same and......nent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......unction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 216

Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)

....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......e discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......sion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Bangladesh...........................................Appellant Vs. Md. Abdur Razzak an..

Category: Administrative Law | Date: | Hits: 117

Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)

....by the High Court Division, Dhaka in Civil Revision No. 287 of 1984). Judgment: ATM Afzal J. - Appellants are judgment-debtors in Money Execution Case No. 12 of 1983 in the Court of Subordinate Judge, Narayanganj. The question for consideration in this appeal by leave is whether the appellants......s set aside. The Money Execu­tion case be struck off and the attachment of the ap­pellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......ide. The Money Execu­tion case be struck off and the attachment of the ap­pellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......is set aside. The Money Execu­tion case be struck off and the attachment of the ap­pellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...

Category: Banking Law | Date: | Hits: 134

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....Civil Revision Nos. 117 & 118 of 1983 respectively). Judgment: Shahabuddin Ahmed CJ. - These two ap­peals by special leave are directed against a common judgment and decree of a learned Single Judge of the High Court Division reversing in revision the con­current decision of the trial Court ......s and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......crees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..

Category: Property Law | Date: | Hits: 38