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Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....hers...................Appellants Vs. Amena Khatun and others... ...............Respondents Judgment August 28, 2006. Cases Referred To- Syed Yakoob vs KS Radhakrishnan AIR 1964 SC 477; Amanatullah and others vs Ali Mohammad Bhuiyan and another 1997 BLD (......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
....h the same. The petition is dismissed. Ed. ......ct and those were issued without lawful authority; against the above judgments Bangladesh Bank moved the Appellate Division in civil petitions for leave to appeal which are pending for hearing but interim orders of stay having been granted by the Appellate Division in civil miscellaneous petitio...... Islam, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent Nos. 1, 3-4. Civil Petition for Leave to Appeal No. 1332 of 2004. (From the judgment and order dated 9th August, 2004 passed by the High Court Division in Company Matter No. 106 of 2003). ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
....d order dated 9 April 2003 passed by a Division Bench of the High Court Division in Criminal Appeal No. 473 of 2002 dismissing the appeal so far as it relates to the appellant. 2.The facts leading to the leave petition, in short, are that one Champa Khatoon (15), dumb daughter of Khodeja K......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ...... Amirul Kabir Chowdhury J.- This appeal arises on leave at the instance of the convict appellant Md Wasim Mia against judgment and order dated 9 April 2003 passed by a Division Bench of the High Court Division in Criminal Appeal N......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....nly to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......wary, Advocate on Record-For the Respondent (In all the cases) Criminal Petition for Leave to Appeal No. 444 of 2006 and Jail Petition Nos. 4, 6, 7, 8, 9 and 10 of 2006. (From the judgment and order dated 29 and 31 August 2006 passed by the High Court Division in Death Reference No.47 of 2006......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
.... Case Referred To- Girijanandini Devi and others vs Bijendra Narain Choudhury AIR 1967 SC 1124; Nawab All Dhakua vs Abdur Rahman and others 1994 BLD (AD)229; Munshi Mahmud AH and another vs Bangladesh and others 1986 BLD (AD) 56; Watt vs Thomas (1947) 1 All ER 582. Lawyers Involved: Khond......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......ul Wadud Bhuiyan, Senior Advocate, instructed by Fakhrul Islam Advocate-on-Record—For Respondent No. 1. Ex-Parte—Respondent Nos. 2-3. Civil Appeal No. 134 of 2000. (From the judgment and order dated 25th May,1999 passed by the High Court Division in First Appeal No. 95 of 1992). Judg......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
.... This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......r Respondent No. 2 (In both the cases). Not represented—Respondent Nos. 1 & 3 (In both the cases). Civil Petition for Leave to Appeal Nos. 622 & 623 of 2004. (From the judgment and order dated 20-3-2004 passed by the High Court Division in Writ Petition Nos.3260 and 3261 of 2001).......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
.... High Court Division rightly found a bar to its jurisdiction under Article 102 of the ConstituÂtion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the ConstituÂtion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented— The Respondent. Civil Petition for Leave to Appeal No. 64 of 1990. (From judgment and order dated 18.2.90 passed by the High Court Division, Dhaka, in Writ Petition No. 309 of 1990). ......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the ConstituÂtion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe CompaÂny (BD) Ltd., 1990, 19 CLC (AD)
.... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur RahÂman J National Board of ReveÂnue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe CompaÂny (Bangladesh) Limi......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......ecord. — For the Appellants. Asrarul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent. Civil Appeal No. 5 of 1988. (From the judgment and order dated 1st SeptemÂber, 1986 passed by the High Court Division in Writ Petition No. 235 of 1985......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....ision (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others…………………………….....Resp......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......ng the victim while he was fleeing to escape. To decide the time of occurrence on the basis of semi-digested food found at the abdomen is not proper as it may differ from man to man. About passing of order by the two accuseds, the witnesses are discrepant. So these two accuseds have rightly been acq......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
.... 1990. Result: The appeal is alÂlowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Evidence Act, 1872 (I of 1872), section 115 The pre-emptor took a leading part in bringing about the transaction; he assisted the sellers in selling the land, encourage......vision cannot be legally sustained. In the result, therefore, the appeal is alÂlowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ...... This appeal by leave at the instance of the Pre-emptee-appellants arises out of a proceeding under section 96 of the State Acquisition and Tenancy Act, 1950 and is directed against the judgement and order dated 8 April, 1984 passed by a Single Judge of the High Court Division, Sylhet Bench in Civil......vision cannot be legally sustained. In the result, therefore, the appeal is alÂlowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
....et at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......t DiviÂsion, Barisal dated 12.8.1986 in Criminal Appeal Nos. 16 & 29 of 1986). Judgment ATM Afzal J. - This appeal by the four accused-appellants, following leave, is from the judgment and order dated 12 August 1986 passed by a Division Bench of the High Court Division, Barisal in appeal ...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....urt 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. ......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. ...... Mahfuzur Rahman, Advocate, instructed by A. Baset Majumder, Advocate-on-Record—For Respondent No. 1. Ex-parte—Respondent Nos. 2-3. Civil Appeal No. 33 of 1986. (From the judgment and order dated 18.11.1985 passed by The High Court Division, Comilla Bench, in Civil Revision No. 140 o......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)
....ase 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, Advocate-on- Record—For the Appellants M.B. Hossain, Advocate-on-Record — For the Respo......€¦....................Appellants Vs. The State.........................……………………………………………….....Respondent Judgment February 7, 1990. Result: The interim bail will conÂtinue only for a further period of four months from date or till disposal of ......, instructed by Sharifuddin Chaklader, Advocate-on- Record—For the Appellants M.B. Hossain, Advocate-on-Record — For the Respondent. Criminal Appeal No. 3 of 1986. (From the judgment and order dated 19.11.1985 passed by the High Court Division, Jessore Bench in Criminal Misc. Case No. 2......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)
.... In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......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.......No. 60 of 1989). Not represented—Respondents Nos. 1—5 and 7 & 8. Civil Appeal No. 58 of 1989. Civil Appeal No. 59 of 1989. Civil Appeal No. 60 of 1989. (From the judgment and order dated 25 May 1989 passed by the High Court Division, Rangpur Bench in Writ Petition Nos. 8 of ......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)
....the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......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. ....... Asrarul Hossain, Senior Advocate instructed by Md. Wahidullah, Advocate-on-Record— For the Respondents. Civil Petition for Special Leave to Appeal No. 242 of 1988. (From the judgment and order dated 4.2.1988 passed by the High Court Division, Rangpur SesÂsion in Civil Revision Case No.......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)
....eported in: 42 DLR (AD) (1990) 178 ......…………...............Respondent Judgment February 27, 1990. Result: The appellant is directed to take steps for getting his appeal hear. Bail Matter The appellant getting ad-interim bail continued on such bail for 4 years without taking any serious efforts for hearing of th......tructed by Md. Aftab Hossain, Advocate-on-Record—For the AppelÂlant. Sajjadul Huq, Advocate-on-Record — For the Respondent (State) Criminal Appeal No. 11 of 1986. (From the judgment and order dated 13.1.86 passed by the High Court Division, Barisal Bench in Criminal Appeal No. 139 of 1......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)
....f evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......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. ......ord— For the Appellants. B. Hossain, Deputy Attorney General, instructed by A.W. Mallik, Advocate-on-Record — For the ReÂspondent. Criminal Appeal No. 18 of 1989. (From the judgment and order dated 5 July 1988 passed by the High Court Division, Dhaka, in CrimÂinal Appeal No. 148 of 19......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)
....1990. Result: The appeal is dismissed. The Penal Code (XLV of 1860) Section 302 The appellant may have felt insulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calculated intention to commit murde......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. ......whose blow the vicÂtims Nabiruddin and Abdul Gafur were killed. 6. The learned Additional Sessions Judge on consideration of the facts, circumstances and the eviÂdence on record, by judgment and order dated 1.4.86, found the appellant guilty under section 302 of the Penal Code and sentenced him......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. ..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... 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. ...... 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. ......ts Rafique-ul-Huq, Senior Advocate, Fazlul Hoque, Advocate with him, instructed by Sajjadul Huq, Advocate-on-Record —For the Respondent. Civil Appeal No. 23 of 1989. (From the judgment and order dated 9.6.1988 passed by the High Court Division, Dhaka in Writ Petition No. 50 of 1985). J...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....t necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......hall be exempt from payment of income tax on their salaries and on any allowances payable to them under this order." Paragraph 3 of the Fourth Schedule provides for maintaining continuity and interim arrangement and expressly says so. The invocation was necessary beÂcause by paragraph 11 th......cord— For the Appellant. Habibul Islam Bhuiyan, Advocate, instructed by Md. Ayub, Advocate-on-Record — For the ReÂspondent. Civil Appeal Nos. 70 & 71 of 1989. (From the judgment and order dated 21.8.1989 passed by the High Court Division, Dhaka in InÂcome Tax Reference Nos. 8 &......ed and the decisions of the courts below are afÂfirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111