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Atiqur Rahman and an­other Vs. State, 1989, 18 CLC (AD)

....e­port, to the police who treated it as the first information report and registered a case on 17 Octo­ber 1983. In due course, the police investigated the case and after obtaining sanction from the Government submitted Charge-sheet against the two appel­lants and one Ratan chandra Sarkar, Assista......ord— For the Appellants. B. Hossain, Deputy Attorney General, instructed by A.W. Mallik, Advocate-on-Record — For the Re­spondent. Criminal Appeal No. 18 of 1989. (From the judgment and order dated 5 July 1988 passed by the High Court Division, Dhaka, in Crim­inal Appeal No. 148 of 19..

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. ......whose blow the vic­tims Nabiruddin and Abdul Gafur were killed. 6. The learned Additional Sessions Judge on consideration of the facts, circumstances and the evi­dence on record, by judgment and order dated 1.4.86, found the appellant guilty under section 302 of the Penal Code and sentenced him..

Category: Criminal Law | Date: | Hits: 65

Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)

....ted in the importer inasmuch as the respondent had acted upon assurance that the favourable terms mentioned in the earlier Notification will be applicable to him. He acted upon this assurance and now Government cannot retrace its steps and say that he will have to pay Customs duty at the rate mentio......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..

Category: Fiscal/Taxation Law | Date: | Hits: 153

Commissioner of Tax­es, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)

....ereas section 60 of the Income Tax Act is a statu­tory law and as such no notification under such law can control the sub-constitutional legislation. Sec­tion 60 reads as: — "60. (1) The (Government) may, by noti­fication in the (official Gazette), make an exemption, reduction in rate......cord— For the Appellant. Habibul Islam Bhuiyan, Advocate, instructed by Md. Ayub, Advocate-on-Record — For the Re­spondent. Civil Appeal Nos. 70 & 71 of 1989. (From the judgment and order dated 21.8.1989 passed by the High Court Division, Dhaka in In­come Tax Reference Nos. 8 &..

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. ......e of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing proper judgement may be necessary but having all the materials on record..

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. ......……………………...Defendant-Petitioner Vs. Shaikh Moslem Ali....…………………….................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), Orde..

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 im­pugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......cate-on-Record. —For the Appellant. M. Nurullah, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record. —For the Respondent Nos. 1 and 2. Dead: Substitution exempted vide order dated 28.1.86. —Respondent No. 3. Civil Appeal No. 35 of 1985. (From the judgment and ..

Category: Tenancy Law | Date: | Hits: 169

Zaker Hossain Vs. Abdur Rahim and Oth­ers, 1989, 18 CLC (AD)

.... available by way of election petition before the Tribunal. In the circum­stances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......at Ali Khan, Advocate with him), instructed by Nowab Ali, Advocate-on-Record — For Respondent No. 1. Not represented—Respondent Nos. 2—6. Appeal No. 20 of 1989. (From the judgment and order dated 13 Decem­ber, 1988 passed by the High Court Division, Dha­ka in Writ Petition No. 602 ..

Category: Election Law | Date: | Hits: 152

Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)

....ths. Ed. ......p; Amirul Kabir Chowdhury J. - Government of Bangladesh represented by the Secretary, Ministry of Fisheries and live stock and 4 other writ respondents seek leave to appeal against the judgment and order dated 10.05.2005 passed by a Division Bench of the High Court Division in writ Petition No. ..

Category: Employment/Service Law | Date: | Hits: 56

Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)

....4 of 2004.) Judgement:              Amirul Kabir Chowdhury J. - Divisional forest Officer, Dhaka and three other Officers of the Government seek leave to appeal against the judgment and order dated 13.12.2004 passed by the High ......, instructed by Mrs. Azra Ali, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent No.2 Civil Petition for leave to appeal No.56 of 2005. (From the Judgment and order dated 13.12.2004 passed by the High Court Division in Civil Revision No.4504 of 2004.) ..

Category: Property Law | Date: | Hits: 48

Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)

.... Rule. 2. The facts, in short, are that the petitioner along with two others filed writ petition No.2709 of 2003 stating, inter alia, that by gazette notification dated 7th October 1995 the Government appointed 75 Assistant Superintendents of Police under 15th BCS examination and by anoth...... Bhuiyan, Advocate-on- Record-For Respondent No. 53 Not represented-Respondent Nos. 1-52 & 54-74 Civil Petition for leave to Appeal Nos. 52 of 2005. (From the Judgment and order dated 14.12.2004 passed by the High Court Division in Writ petition No. 2709 of 2003.) ..

Category: Employment/Service Law | Date: | Hits: 80

Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

....ation money by Tofazzal for the transaction evidenced by Ext.1 and possession of the land of Ext.1 by Tofazzal Hossain and after him his heirs and payment of rent to the Zamindar as well as to the Government by Tofazzal Hossain and his heirs and failure on the part of the defendants to prove tha......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; ..

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. ......nbsp;             Amirul Kabir Chowdhury J.- Accused petitioner Rafiqul Majid Pintu alias Pintu seeks leave to appeal against the judgment and order dated 23.08.2003 passed by the High Court Division disposing of Criminal Miscellaneous Case ..

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. ......p;            Md. Tafazzul Islam J. - Delay of 111 days is condoned. 2. This petition for leave to appeal arises out of the judgment and order dated 5.5.2003 passed by the Division Bench of the High Court Division in Criminal Appeal No...

Category: Procedural Law | Date: | Hits: 100

Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)

....ted 14.01.2002 made the Rule absolute with the observations from the submission of the learned Assistant Attorney General, it is clear that so for no Gazette Notification has been published by the Government and as such the government should take immediate appropri­ate steps in this regard. ......, instructed by Md. Nawab All, Advocate-on Record-For the Petitioner. Respondents-Not represented. Criminal Petition for leave to Appeal No. 147 of 2003 (From the judgment and order dated 21st June, 2003 passed by the High Court Division in Contempt Petition No. 82 of 2002)...

Category: Property Law | Date: | Hits: 33

Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)

....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ...... Judgment:                  Amirul Kabir Chowdhury J. - This appeal by leave is directed against the judgment and order dated 05.08.2002 passed by the High Court Division in Criminal Appeal No. 2381 of 1998 dismis..

Category: Criminal Law | Date: | Hits: 42

Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)

....ngs under section 145 of the Code of Criminal Procedure. The submis­sions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......yed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not Represented-Respondent Nos. 2-35. Criminal Petition for leave to Appeal No. 51 of 2005 (From the judgment and order 10.1.2005 passed by the High Court Division in Criminal Miscellaneous Case No.7655 of 2004) ..

Category: Criminal Law | Date: | Hits: 70

Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)

....-in-law of Cyma Zarrar, Cyma Zarrar herself and Fazlul Kader Chowdhury the second party petitioner jointly instituted Title Suit No. 291 of 1995 for injunction against Arab Bangladesh Bank and the Government. In another suit, being Title Suit No. 88 of 1998 at the instance of the first party res...... Falzul Kader Chowdhury Second party in a proceeding under section 145 of the Code of Criminal Procedure being petitioner prefers this petition seeking leave to appeal against the judgment and order dated 20.10.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 470 of..

Category: Procedural Law | Date: | Hits: 154

State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)

.... In view of the discussion made above, we do not find any illegality in the impugned judg­ment and order. The petition having no substance is, therefore, dismissed. Ed. ......            Amirul Kabir Chowdhury J.- At the instance of the State this petition arises seek­ing leave to appeal against the judgment and order dated 03.08.2003 passed by the High Court Division in Jail Appeal No. 368 of 2003 allowing t..

Category: Criminal Law | Date: | Hits: 34

Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)

....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......;               Amirul Kabir Chowdhury J.- Accused petitioner Shabbir Ahmed Chowdhury seeks leave to appeal against the judgment and order dated 02.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 7081 of..

Category: Criminal Law | Date: | Hits: 57