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Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....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. ......101. Lawyers Involved: TH Khan, Senior Advocate and Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by SR Khoshnabish, Advocate-on-Record—For the Appellant (In both the cases). Dr. Kamal Hossain, Senior Advocate (Rokanuddin Mahmud, Senior Advocate with him), i..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... 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. ...... his reply to the allegations in the show cause notice and that was also directed to communicate as to whether he would like to be heard in person. In the show cause notice it was mentioned that in case of his failure to reply to the show cause notice and to communicate as to whether he would lik..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....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. ...... Md Nawab All, Advocate-on-Record—For the Appellants. Abdur Rouf, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on- Record—For Respondent No. 1(In both cases). Criminal Appeal Nos. 42 and 43 of 2003. Judgment: &n..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....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. ......ple informed the police and the police reached the place of occurrence and then saved him. On receipt of the report, the learned Senior Assistant Judge perused the materials including record of the case and forwarded the report to the learned Magistrate concerned. The learned Magistrate on recei..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. ......j has not been delivered to the petitioner as yet. The petitioner is in possession of all that was delivered to it and has been carrying on the business, since then in its own name. It is also the case of the petitioner that the books of account, balance sheet, audit report of the company over y..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....clared himself President of the country and Field Marshal of the army, enacted a Constitution which denied the people their democratic right of adult franchise and made the 'basic democrats—grass root local bodies—the electorate for election to Parliament and Provincial Assemblies and conseque......……..(673) Cases Referred To- 34 DLR 225; 37 DLR 7; 20 DLR (SC) 322; 7 DLR 552 Eklas vs. Crown; 17 DLR (SC) 74 National Bank of Pakistan vs. Ataul Hoque; 25 DLR 236, 344 A. T. Mridha's case; 38 DLR (AD) 38 Abdus Sattar vs. Stole; 7 DLR (FC) 291 Federation of Pak vs. Tamijuddin Khan; 7..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... 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......d dagger blow on the victims. Intra-contradiction of the two confessional statements and the evidence of P.W.4 reveal each one gave a different version of the crime thereby shattering the prosecution case itself. One of the important items of linking up accused with the crime, namely, the sandal was..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....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. ......of 1908), Order XXIII, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the schedule, at the stage, the case was ready for trial. Such defect could be corrected by amendment of the plaint which the plaint..Category: Procedural Law | Date: | Hits: 110
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....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......ighbours to the place of occurrence who could have been natural witnesses about the incident, but they were not examined. The owner of the house where the murder was committed is not a witness to the case. There are serious contradiction between deposition of PW 2 and 4 who are the alleged eye witne..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....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 ......ho handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but the appellants refused to deliver the sale proceeds and denied the transaction. The prosecution case of entrustment being fully proved and accepted by the three courts below, there is no ground to..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....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......t this accused is sustained. Conviction under section 302/149 of the Penal Code against Abdul Jabbar, Lokman Ali and Pir Ali since dead being proved is sustained. In the facts and circumstance of the case, the right of private defence of life was not available to the appellants since from complainan..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....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. ......Scheme with floor space or 1500 sft. Per unit, at any rate higher that the 5% interest and repayment instalments at any amount higher than the amount fixed in the sanctioned letter. 3. Plaintiffs' case was that they applied for house building loan for construction of multi-storied buildings and t..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....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 ......Order No. 135 of 1972.) 2. The plaintiff filed Title Suit No. 51 of 1970 in the First Court of Subordinate Judge, Barisal for a declaration of his title to the suit land measuring 12.40 acres. His case is that the suit land appertaining to mouza Aicha belonged to Shayestabad Wakf Estate. Since ..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... 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 of the old Agreement or she was entitled to pay rent according to the provision of s. 18(5) of the Ordinance. At the outset I would make it clear that on the facts admitted or established in this case, if the terms of the expired Agreement apply in respect of the due date for payment of rent, th..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....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......was done intentionally to create hindrance on the way of promotion of the appellant to the next higher post, it was alleged further. 3. In a supplementary affidavit, the appellant stated that his case was better than that of the respondent No. 2 even on merit which was not considered by any ..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....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. ......7), section 54 An order of injunction in respect of the disputed property from a competent civil court is pending against Abdul Majid. The said order pre-supposes the appellant's possession of the case holding and so long the order of the Civil Court was there and determination of the question of..Category: Criminal Law | Date: | Hits: 59
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....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...... Court Division passed the impugned order without applying his mind and without stating clearly that it was expedient in the interest of justice to make a complaint. It is further contended that no case was made out under section 476 of the Code of Criminal Procedure against the appellants. 4. ..Category: Criminal Law | Date: | Hits: 45
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....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......nvicted and sentenced to transportation for life. On appeal the High Court Division changed the conviction to one under sections 394 and 304 Part I, but maintained the sentence. 2. The prosecution case in brief is that on 3rd September, 1979 Nowab Ali, an Ansar, was on duty at post No.1 in Joypur..Category: Criminal Law | Date: | Hits: 61
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....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...... Nos. 1 to 3 is illegal, without jurisdiction, collusive and not binding upon the plaintiff and for permanent injunction restraining the defendant from giving possession to defendant No. 3. Her case was that she purchased the suit land from one Gopal Chandra Shil by a kabala executed on 7.2.75..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....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 ......g was fulfilled; then in the special meeting the resolution was passed by the representative members removing the chairman of which eight were elected Chairmen and three acting chairmen. So in this case also the total representative members which requires not less than four-fifths of the total num..Category: Election Law | Date: | Hits: 128
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