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Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. Cases Referred To- Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and PUCL......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ...... [In Civil Appeal No. 54 of 2006]. Not represented—Respondent Nos. 2 & 3. [In Civil Appeal No. 55 of 2006] Civil Appeal Nos. 54 and 55 of 2006. (From the judgment and order dated 4-1-2006 passed by the High Court Division in Writ Petition Nos. 9157 and 9180 of 2005......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... Division (Civil) Present: Md Ruhul Amin J KM Hasan J Md Fazlul Haque J Ashequr Rahman (Md).....................Appellant vs Bangladesh Agricultural Research Institute……………Respondents Jud...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... Judgment: Md Ruhul Amin J.-This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. 2417...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....30 PM and so Abdul Gafur Sheikh protested prohibiting Aynul Sheikh not to dig the drain. At this Aynul Sheikh hurriedly went to his house and after 20/25 minutes came back there being armed with spade, lathi and mugur, etc. with other accused namely, Shamsu Sheikh, Syed Sheikh, Jamir Sheikh. Sak......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... Judgment: Amirul Kabir Chowdhury J. - Criminal Appeal No. 42 of 2003 is at the instance of convict-appellant Shafiuddin Sheikh against the judgment and order dated 30-4-2001 passed by the High Court Division in Criminal Appeal No. 2180 of 1997. ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....under sections 183/186/188 of the Penal Code pending before the learned Magistrate, 1st Class, Satkhira. 2. Kazi Alamgir Kabir, a process server of the Court of the Senior Assistant Judge, Sadar, Satkhira, on 4-4-1999 submitted report before the learned Senior Assistant Judge, Sadar, Satk......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......on for Leave to Appeal No. 161 of 2005. Judgment: Amirul Kabir Chowdhury J.- AKM Shamsuddin alias Kalam and another, accused petitioners, seek leave to appeal against the judgment and order dated 9-4-2005 passed by a Division Bench of the High Court Division in Criminal Miscellaneou......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
..... There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......another contesting candidate challenged his election by filing Writ Petition No. 963 of 1988 in which the appellant was impleaded as respondent No. 5. A rule was issued in that Writ-Petition and an interim order was granted by which the publication of the appellant's election as Chairman of the sa...... 1988 Civil Appeal No. 43 of 1988 Civil Petition for Special leave to Appeal No. 3 of 1989. Judgment Badrul Haider Chowdhury J. — These two appeals by special leave arise out of an order dated 15.8.88 passed by a Division Bench of the High Court Division at Dhaka in Writ Petitio......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....gh Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: The appeal is allowed and the judgment and order of the High Court Division is set aside. Conviction and sentence of accused is set aside an...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....ith law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......ge, the case was ready for trial. Such defect could be corrected by amendment of the plaint which the plaintiff did not during long pendency of the suit. The High Court Division rightly confirmed the order. A party cannot be forced to withdraw its suit or abandon its claim in the suit. If the plaint......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..Category: Procedural Law | Date: | Hits: 110
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....et at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......e calls in question the propriety of conviction and sentence of the appellants under sections 302/34 and 364 of the Penal Code. They were convicted by the Additional Sessions Judge, Noakhali, by an order dated 4 May 1983 and sentenced to transportation for life. They preferred an appeal but it w......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......d to suffer rigorous imprisonment for three months by the trial Court; He was also directed to pay the sale proceeds of the paddy entrusted to him by the complainant. The appellate Court affirmed the order of conviction and sentence. In revision the High Court Division upheld the order of conviction......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....ismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147...... — For the Appellants. B. Hossain, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record— For the Respondent. Criminal Appeal No. 27 of 1986. (From the Judgement and order dated 4 August 1985 passed by the High Court Division, Dhaka, in Criminal Appeal No. 132 of ......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....otions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......m) Instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent Nos. 1-6 and 9-10. Respondent Nos, 7, 8, 11-17: Ex-parte. Civil Appeal No. 1 of 1987. (From the Judgement and order dated 17.2.1986 passed by the High Court Division, Chittagong Bench, Chittagong in Civil Revis......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
..... The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......e time of making settlement if they arc one of those seeking settlement. The answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......s automatically governed by s.18 of the Ordinance. Sub-section (1) of s.18 provides: "Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Contract Act, 1872, no order or decree for the recovery of possession of any premises shall be made as long as the tenant...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....ction for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......987. (From the Judgement passed by the High Court Division Dhaka dated 8.4.87, in Writ Petition No. 120 of 1985). Judgment: A.T.M. Afzal J. — This appeal by leave is from the judgment and order dated 8 April 1987 passed by the Writ Bench of the High Court Division, Dhaka discharging th......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....t of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......possession of the informant party cannot be sustained. He has pointed out that the appellant instituted the suit (T.S. 233/78) against Abdul Majid for permanent injunction in 1978 and obtained ad-interim injunction on 5.4.78 by which the said Abdul Majid was restrained from entering into the s.......................................................... Respondent Judgment November 8, 1987. Result: The appeal is allowed. The Specific Relief Act, 1877 (1 of 1877), section 54 An order of injunction in respect of the disputed property from a competent civil court is pending agai......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..Category: Criminal Law | Date: | Hits: 59
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......ants. B. Hossain, Assistant Attorney-General, instructed by M. Nowab All, Advocate-on-Record—for the Respondent No 1. (The State). Criminal Appeal No.13 of 1987. (From the Judgement and order dated 16th July, 1987 passed by the High Court Division in Session at Sylhet in Criminal Revis......ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127..Category: Criminal Law | Date: | Hits: 45
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....smissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......amid, instructed by Md. Aftab Hossain, Advocate-on-Record—for the Appellant. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 39 of 1986. (From the Judgement and order dated 6th August, 1984 passed by the High Court Division, Rangpur Bench in Criminal Appeal N......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126..Category: Criminal Law | Date: | Hits: 61
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....e result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......ate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent No. 1. Ex-parte— For the Respondent Nos. 2 to 4. Civil Appeal No. 26 of 1986. (From the Judgement and order dated 23 January 1985 passed by the High Court Division, Comilla Bench, in Civil Revision No......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....e appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ...... of 1989). Not represented— Respondent No. 1 (In C.P. No. 310 of 1988). Civil Appeal No. 1 of 1989 with Civil Petition for Special Leave to Appeal No. 310 of 1988. (From the Judgement and order dated 22.11.88 passed by the High Court Division, Comilla Bench, Comilla in Writ Petition No. ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......Hossain, Advocate-on-Record—For Respondent No. 5. No one for Respondent No. 4 Civil Appeal No 48 of 1985. Judgement: A.T.M. Afzal J.—This appeal following leave is from judgment and order dated 4th June 1982 passed by a Single Judge of the High Court Division, Dhaka in Civil Revi......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113..Category: Property Law | Date: | Hits: 33
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