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Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... 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. ......rrect 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. ......inciple 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. ......e 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)
...., 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. ......ost 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. ......ce-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. ......, 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)
....ave gone through the draft judgment prepared by my learned brother Mr. Amirul Kabir Chowdhury J and the separate dissenting note written by my learned brother Mr. Md Joynul Abedin J. 2. The author Judge, Mr. Justice Amirul Kabir Chowdhury has elaborately narrated the facts and circumstances a......hing more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......g 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. ......n whose name was later disclosed as Mamun and that some leaflets were also found from his possession wherein it was written “Manob rachito ain manina, Quraner ain chalu karo’-Jamiyutul mujahedin, Bangladesh. 71. P.W 2 Anisur Rahman in his evidence deposed that he attended a meeting held in a..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....he judgment and decree dated 25-5-1999 passed by the High Court Division in First Appeal No. 95 of 1992 dismissing the appeal filed against those of dated 16-11-1991 passed by the learned Subordinate Judge (now Joint District Judge), First Court, Khulna in Money Suit No. 12 of 1989 decreeing the sui......ding 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. ......culations 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. ......2004 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: ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....th the petitions. 3. Writ Petition No. 3260 of 2001 giving rise to Civil Petition No. 622 of 2004 was filed by the writ petitioner against the judgment and decree passed by the learned Subordinate Judge, Artha Rin Adalat No.3, Dhaka dated 5-5-2000 in Money Suit No. 109 of 1998 while Writ Petition......ell 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. ......cers 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. ......d. 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)
....lation of his fundamental rights under Articles 27, 31 and 35 of the Constitution particularly the latter, which prohibits conviction and punishment of a person twice on the same offence. The learned Judges of the High Court Division held that the principle of 'double jeopardy' as embodied in Articl......jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ...........Petitioner Vs. The Director General of Food...……………………………...Respondent Judgment March 27, 1990. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles 35, 102, 117 Bar to conviction and punishment more than once for the s..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....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. ......t 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. ......ary (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. ......preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J National Board of Revenue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe Company (Bangladesh)..Category: Fiscal/Taxation Law | Date: | Hits: 114
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....h, Barisal in Criminal Appeal No. 140 of 1984 acquitting the respondents under section 302/34 of the Penal Code by setting aside the order of conviction and sentence passed by the Additional Sessions Judge, 2nd Court, Patuakhali in Sessions Case No. 67 of 1983. 2. Leave was granted to consider wh......ommissioner, 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. ......ner, 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. ......e Division (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……………………………......Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....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 Revision No. 55 of 1983 allowing pre-emption......ision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......nnot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......vision cannot be legally sustained. In the result, therefore, the appeal is allowed 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)
....he conviction and sentence of the appellants under sections 395/397 Penal Code. 2. The appellants along with five others were put on trial (three tried in absentia) before the Assistant Sessions Judge, Bakerganj on the aforesaid charge on the allegation that in the night following 20.10.81 at a......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. ......d 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. ...... 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)
.... a contract for sale of a residential flat in Chandpur Government Housing Estate. The decree was passed by the Munsif, Chandpur, is T.S. No. 74 of 1975; it was affirmed in appeal by the Subordinate Judge; the High Court Division did not interfere with it in revision. 2. In the judgment of the......smissed. 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. ...... 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. ......LR (AD) (1990) 184. ..Category: Property Law | Date: | Hits: 40
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
....al Mis. Case No. 24 of 1985 refusing the accused-petitioners bail pending disposal of a revisional application against their conviction and sentence. 2. They were tried by the Assistant Sessions Judge, Jhenidah in Sessions Case No. 367 of 1982, and were convicted and sentenced to rigorous impri......rder be forwarded to the Deputy Registrar, 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. ......forwarded to the Deputy Registrar, 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. ......order be forwarded to the Deputy Registrar, 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.......ted, 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.......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.......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, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....sion, Rangpur Session in Civil Revision Case No. 411 of 1985). Judgment ATM Afzal J. - This petition by the plaintiff is from the judgment and order dated 4 February 1988 passed by a Single Judge of the High Court Division, Rangpur Bench in revision setting aside the judgment and decree pa......s deprived of procedural 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. ......ed of procedural 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. ...... MH Rahman J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dhaka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: ..Category: Employment/Service Law | Date: | Hits: 98
Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)
....e of the appellant on ad interim bail to the satisfaction of the Deputy Commissioner. And also directed that the matter would be heard expeditiously. 2. The appellant was convicted by the Sessions Judge, Pirojpur, under section 304 of the Penal Code and sentenced to rigorous imprisonment for 5 ye......urt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ......sion at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ......ourt Division at Barisal for placing the matter before the Division 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 another Vs. State, 1989, 18 CLC (AD)
....148 of 1986). Judgment Shahabuddin Ahmed J. - This appeal by special leave questions the propriety of conviction of the two appellants under sections 477A/109 of the Penal Code, by the Special Judge, Faridpur, confirmed in appeal by a learned Single Judge of the High Court Division. 2. A......pellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ...... is found to be justified based on correct appreciation of 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 correct 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)
....Death Reference No. 3 of 1986 and Jail Appeal No. 94 of 1986.) Judgment ATM Afzal J. -The accused-appellant has been sentenced to death for committing a double-murder by the Additional Sessions Judge, Rangpur and the High Court Division has confirmed the said sentence. Leave to appeal was gran......e 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. ......bliged 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. ......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)
.... 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. ......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. ......er 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. ......peal is dismissed. The Customs Act (IV of 1969) Sections 19, 30 & 194 The Sales Tax Ordinance (XVIII of 1982) Section 4(1) The Evidence Act (I of 1872) Section 115 The Constitution of Bangladesh, 1972, Article 102 Promissory Estoppel Notification dated 3.10.84 under section 19 ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....desh, 1972, Article 147 Whether a notification under section 60 of the Income Tax Act, 1922 can control Article 10 of President’s Order No. 21 of 1973, in other words, whether salary income of a Judge of the Supreme Court of Bangladesh exempted from income tax under Article 10 of P.O. 21 of 197......d and the decisions of the courts below are affirmed 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. ......e decisions of the courts below are affirmed 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. ......ovember 8, 1989. Result: The appeals are dismissed. 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 notification under section 60 of the Income Tax Act, 1922..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....Criminal Appeal No. 81 of 1985). Judgment ATM Afzal J. - In this appeal leave was granted to consider the only question as to whether the order of remand for retrial passed by a learned Single Judge of the High Court Division, Dhaka in appeal was just and proper. In the view we have taken u......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. ......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. ......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
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