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Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)

....al, instructed by Ahsamullah Patwary, Advocate-on- Record —For the Respondents (In all the petitions). Civil Petition for Leave to Appeal Nos. 707, 708 and 789 of 2005. (From the judgment and order dated 20th May 2005 passed by the High Court Division in Writ Petition Nos. 3262, 6942 and 397......6 DLR (AD) 19; Sharfat Ali vs Union of India AIR 1974 SC 1631; CB Boarding and Lodging vs Mysore AIR 1970 SC 2042; Kashabananda Bharati vs State of Kerala AIR 1973 SC 1461; Anwar Hossain Chowdhury vs Government of Bangladesh and ors 41 DLR (AD) 165; Madras vs Chamapakan Dorairagan AIR 1951 SC 226; U..

Category: Constitutional Law | Date: | Hits: 221

Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)

....Appellants. Golam Kibria, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 25 of 2002. (From the judgment and order dated the 4th and 5th, 2001 passed by the High Court Division in Criminal Appeal No. 1819 of......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 36

Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)

....uzzaman, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-66. Civil Petition for Leave to Appeal No. 52 of 2003. (From the judgment and order dated 27-8-2002 passed by the High Court Division in Civil Revision No. 4924 of 1991). ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..

Category: Property Law | Date: | Hits: 38

State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)

....Subrata Chowdhury, Advocate with him) instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondent No.1. Not represented—Respondent No. 2. Criminal Appeal No. 15 of 2005. (From the order dated 18-4-2005 passed by the High Court Division in Criminal Appeal No. 3653 of 2004). Jud......hich, however, after investigation ended in final report. That Chatak Police Station Case No. 11 dated 26-3-1999 was sent to Special Tribunal, Sunamganj for trial and while the case was preceding the Government by notification under section 6 of Druto Bichar Tribunal Ain, 2000 transferred the case t..

Category: Criminal Law | Date: | Hits: 184

Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)

.... of 1999). Judgment:                  Md. Ruhul Amin J. - This is a plaintiff's appeal by leave against the order dated January 11, 1999 of a Single Bench of the High Court Division in Civil Order No.1451 of......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..

Category: Property Law | Date: | Hits: 26

Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)

....gment                     MM Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 7-12-98 passed by the High Court Division in Writ Petition No. 9 of 1996 discharging th......s Referred To- Mosharraf Hossain Chowdhury vs General Manager, Titas Gas Transmission and Distribution Co Ltd and another 1981 BLD (AD) 61 = 33 DLR (AD) 186; Bangladesh Biman Corporation vs Government of Bangladesh and others, 2000 BLD (AD) 230 = 5 BLC (AD) 169. Lawyers Involved: ..

Category: Employment/Service Law | Date: | Hits: 109

Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)

.... [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......l No. 55 of 2006 Mr. M A Jalil MP moved the High Court Division for almost, similar reliefs adding thereto some other prayers challenging appointment of Upazilla Election Officers appointed by the Government through Public Service Commission, etc. 34. The aforesaid writ petitions were ta..

Category: Election Law | Date: | Hits: 159

Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)

.... 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)

.... 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)

....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

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... KM Hasan CJ Md Fazlul Karim J Md Tafazzul Islam J       Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

.... 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......l) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M.H. Rahman J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secre­tary, Ministry of Law a..

Category: Constitutional Law | Date: | Hits: 1934

Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)

....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)

....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)

....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)

....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)

.... — 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)

....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......years by monthly instalments. Then the Corporation by letter dated 26.2.81 informed the respondents that the rate of interest had been en­hanced from 5% to 7-1/2% per annum as per direc­tion of the Government of Bangladesh vide its order dated 20.1.81 (Gazette Notification dated 29.1.1981). 4. ..

Category: Property Law | Date: | Hits: 41

Syed Nizamuddin Mohsin Vs. People's Republic of Ban­gladesh, 1989, 18 CLC (AD)

....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 ......again went under water in 1362-63 B.S. only to reappear again in 1374 B.S. since when the plaintiff claims to be in possession. The Suit land was, however, recorded in S.A. Khatian in the name of the Government and rent was not accepted from the plaintiff whereupon the suit was filed. 3. The gove..

Category: Property Law | Date: | Hits: 42

Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)

....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