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Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......the property as vacant and allotting it to a deserving person. There was no necessity for formally canceling the allotment. The appeal is allowed and the suit is dismissed…………(7 & 8) Lawyers Involved: B. Hossain, Advocate-on-Record—For the Appellants. Mahfuzur Rahman, Advo......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..Category: Property Law | Date: | Hits: 40
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
....order be forwarded to the Deputy RegÂistrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ...... continue for indefinite period and such bail shall continue for 4 months further. In case of the revision not being disposed of as aforesaid the petitioners should surrender to their bail bonds. Lawyers Involved: Mahbubur Rahman, Senior Advocate, instructed by Sharifuddin Chaklader, Advocat......order be forwarded to the Deputy RegÂistrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ..Category: Criminal Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......ation the returning officer must seek approval of the Election and approval so given even after the poll was over, was valid and legal………..(8 & 9) Case Referred to- 41 DLR (AD) 68. Lawyers Involved: Dr. Kamal Hossain and Fazlul Karim, Senior Advocates, instructed by Sharifuddin......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180...Category: Election Law | Date: | Hits: 163
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, DhaÂka, Bangladesh and others, 1989, 18 CLC (AD)
....as deprived of proÂcedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ...... the petitioner from service amounts to giving approval to the entire- proceeding from the beginning to the end. So, any deficiency of authority for conclusion of the proceeding is cured……(3) Lawyers Involved: M. Amir-ul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record......as deprived of proÂcedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ..Category: Employment/Service Law | Date: | Hits: 98
Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)
....ourt Division at Barisal for placing the matter before the DiÂvision Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ......for indefinite period. Thus, the ad-interim bail is extended for 6 months and the appellant is directed for taking steps for getting the appeal heard in the High Court Division during this period. Lawyers Involved: Joynul Abedin, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—......ourt Division at Barisal for placing the matter before the DiÂvision Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ..Category: Criminal Law | Date: | Hits: 64
Atiqur Rahman and anÂother Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......a of inadvertence taken. So, the court was justified in rejecting the plea of inadvertence due to alleged pressure of work. Thus conviction of the appellants is justified…………………..(6) Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by M. Nowab Ali, Advocate-on-Recordâ€......ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......he appellant there is no scope of taking lenient view and the sentence of death under section 302 of the Penal Code confirmed by the High Court Division be affirmed……………………….(19) Lawyers Involved: Akram Hossain Amin, Advocate-on-Record— For the Appellant. B. Hossain, Adv......Lawyers Involved: Akram Hossain Amin, Advocate-on-Record— For the Appellant. B. Hossain, Advocate-on-Record—For the ReÂspondent. Criminal Appeal No. 4 of 1989. (From the Judgment and Order dated 15 February, 1988 passed by the High Court Division, Rangpur Session in Death Reference ..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......h AhÂmed & another 1981 BLD (AD) 91; Union of India Vs. Anglo Afghan AgenÂcies AIR 1968 (SC) 718; Gujarat State Financial Corporation Vs. Mis. Lotus Hotels Pvt. Ltd. (AIR 1983 (SC) page 848. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Zinnur Ahmed, A...... instructions to be issued by the Bangladesh Bank in this regard. 2. In inviting attention to the remarks under Col. 4 against the item at Sl. No. 112. List-II, page 8827 of the Import Policy Order 1984-85, it is hereby clarified that no prior permission from the Chief Controller of Import..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....court which was created by the Constitution under Article 94 namely, Supreme Court of Bangladesh comprising the Appellate Division and High Court Division. This notification was issued at a time when Martial Law was in force in the country and by Martial Law dispensation two courts were created and ......ax………………(15 & 16) Cases Referred to- Commissioner of Income Tax Vs. N.M. Raiji, 17 I.T.R. 1949 (Bombay) 180; Inland Revenue Comrs. Vs. Wolfson (1949) 1 ALL E.R. 865 (868). Lawyers Involved: Moksudur Rahman, Senior Advocate, instructed by Mr. Sajjadul Huq, Advocate-on-R......€¦â€¦â€¦â€¦â€¦..............Respondent Judgment November 8, 1989. Result: The appeals are disÂmissed. The Income Tax Act (XI of 1922) Sections 2(15), 4(1) & 60 The President's Order No. 21 of 1973, Article 10 The Constitution of Bangladesh, 1972, Article 147 Whether a n..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......mand for writing a fresh judgement. Hence the appeal is allowed with direction to dispose of the appeal on hearing by a competent bench of the High Court Division………………..(9 & 10) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-R......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......urnish security to refund of the amount whenever required and in such manner the execution of the money decree be stayed and the order of the high court division be modified………………(4) Lawyers Involved: Asrarul Hossain, Senior Advocate, (Shaheed Alam, Advocate with him) instructed ......¦â€¦â€¦.................Plaintiff-Respondent Judgment January 7,1990. Result: The impugned order of the High Court Division is modifie. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 5 Out of the decretal amount Tk. One lac is to be paid to the respondent within t..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the imÂpugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......le to which he lays his claim is not supported by the evidence on record, the Court cannot find out another source of title for the plaintiff by way of gratuitous relief…………………..(18) Lawyers Involved: Mahmudul Islam, Advocate, inÂstructed by Shamsul Haque Siddique, Advocate-on-R......f. Hence on all counts we find that the imÂpugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Zaker Hossain Vs. Abdur Rahim and OthÂers, 1989, 18 CLC (AD)
.... available by way of election petition before the Tribunal. In the circumÂstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ...... coram non-judice or malice in law. In this case writ jurisdiction cannot be invoked as alternative remedy is available by way of election petition before the tribunal……………………(3) Lawyers Involved: T.H. Khan, Senior Advocate, instructed by Sharif uddin Chaklader, AdÂvocate-on...... available by way of election petition before the Tribunal. In the circumÂstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....itution stated that theywere in the service of the Government in the 1st and 2nd live stock development projects since 1977 and were guided by recruitment rules approved by Chief Martial Law Administrator through memo dated 16.10.1986 which is materially identical with the prov......Respondents (In C. P. No. 989 of 2005) A. T. M. Abdul Matin Sarker & ors.................Respondents (In C. P. Nos. 990 & 58 of 2005) Judgement March 23, 2006. Lawyers Involved: A.J. Mohammad Ali, Attorney General, (Mushfiqur Rahman, Deputy Attorney Ge...... Not represented-Respondent Nos. 2, 5-7 10-13, 15-19, 22-113 (In Civil Petition No. 58 of 2005). Civil Petition for leave to Appeal No. 989 and 990 of 2005 (From the Judgment and Order dated 10.05.2005 passed by the High Court Division in writ Petition Nos. 1186 and 6591 of 200..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......n, Forest Bhaban, Gulshan Street, Mohakhali, Dhaka, and others ............petitioners Vs. Zahid Maleque and another...........Respondent Judgement June 14, 2005. Lawyers Involved: A.J. Mohammad All, Attorney General, instructed by Md. Zahirul Islam, Advo......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 48
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ...... Vs. Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judgment May 24, 2005. Lawyers Involved: Md. Abdur Razzaq, Senior Advocate, instructed by A. K. M. Shahidul Hu...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 80
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ...... Cases Referred to- Musammat Nurjahan Begum vs Mahmudur Rahman Mallick, 1981 BLD (AD) 506 = 34 DLR (AD), 61; Bhim Singh (dead) by L.R.S and another Vs. Kan Singh, AIR 1980 (SC) 727. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate......m, Senior Advocate, Instructed by Nawab Ali, Advocate-on-Record-For Respondent Nos. 1. Not represented-Respondent Nos. 14-4. Civil Appeal No. 3 of 2002. (From the Judgment and Order dated August 10,1997 passed by the High Court Division in Second Appeal No. 162 of 1975). ..Category: Property Law | Date: | Hits: 67
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
....d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......p;……...Petitioner Vs. The State represented by the Deputy Commissioner of Dhaka………....Respondents Judgment August 8, 2004. Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocat......nstructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 93 of 2004 (From the Judgment and Order dated 23. 08. 2004 passed by the High Court Division in Criminal Miscellaneous Case No. 5462 ..Category: Criminal Law | Date: | Hits: 52
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......lip;…….Petitioner Vs. Khondoker Nazmul Haque (Chiru) and others………………Respondents Judgment December 8, 2004 Lawyers Involved: Md. Nawab Alt, Advocate-on-Record-For the Petitioner. Not represent......nvolved: Md. Nawab Alt, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No. 146 of 2003. (From the Judgment and Order dated 5th May, 2003 passed by the High Court Division in Criminal Appeal No. 1519 of 1994) ..Category: Procedural Law | Date: | Hits: 100
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......ip;…….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.....Respondents Judgment January 5, 2005. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Nawab All, Advocate-on R......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
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