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Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)

....lam, Senior Advocate, (Zakir Ahmed Senior Advocate with him) instructed by Md. Aftab Hossain, Advocates-on-Record—For the Respondents. Civil Appeal Nos. 70 to 74 of 1994. (From judgment and order dated 18th May, 1994 passed by the High Court Division in Writ Petition Nos. 2141, 2142, 2143,......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..

Category: Constitutional Law | Date: | Hits: 169

Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)

....egal effect and why the respondents should not be directed to cancel, rescind and /or withdraw the same. The Rule Nisi was discharged by a Division Bench of the High Court Division by judgment and order dated 8.5.95 from which the petitioner now seeks leave to appeal. 2. The short facts o......ing BTL to operate several telecommunication systems including Cellular Mobile Telephone Service in the private sector. Eight months thereafter, i.e. on 25.3.90 BTTB issued, being empowered by the Government to do so under the Bangladesh Telegraph and Telephone Board Ordinance, 1979, a licence u..

Category: Information Technology Law | Date: | Hits: 251

Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)

.... Md. Aftab Hossain Advocate-on-Record — For the Respondent No.2 (In Civil Appeal No.3 of 1993). Civil Appeal No. 73 of 1992 And Civil Appeal No.3 of 1993. (From the Judgment and order dated 18.8.92 passed by the High Court Division in Writ Petition No. 1286 of 1992) Judgment......tition was maintainable. 13. That was a simplistic disposal of the issue and needs a deeper approach to resolve it. 14. Section 4 of the Telegraph Act, 1885 provides that within Bangladesh, the Government shall have the exclusive privilege of establishing, maintaining and working telegraphs: P..

Category: Information Technology Law | Date: | Hits: 242

Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)

.... Advocate, (BK Das, Advocate with him) instructed by Md. Aftab Hossain Advocate-on-Record — For the Respondents. Civil Appeal No. 35 of 1993. (From the judgment and order dated 5th August, 1991 passed by the High Court Division, Dhaka in Civil Revision No. 2437 o......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ..

Category: Property Law | Date: | Hits: 84

Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)

....1-3, 5-6, 8-15, 17-18, 22-66, 31-34, 37-40. Ex parte — For the Respondent Nos. 4,7,16, 19, 21, 27-30, 35-36, 41, 44-45. Civil Appeal No. 83 of 1993 (From the judgment and order dated 4.8.1993 passed by the High Court Division in Civil Revision No. 366 of 1992) Ju...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..

Category: Property Law | Date: | Hits: 61

Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)

...., Advocate-on-Record. —For the Petitioners. Not Represented — Respondents. Civil Petition for leave to Appeal No. 95 of 1991. (From the judgment and order dated 31st October, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 6/88).......dgment and order dated 12th August, 1987 of the Court of Settlement in Case No. 377 of 1987. 2. The petitioner’s father Md. Abdul Kader built the house on the land taken from the Government as a lessee for ninety-nine years. He died on 25th March, 1971. After the liberation of..

Category: Property Law | Date: | Hits: 53

Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)

....ahman, Advocate-on- Record— For Respondent Nos. 1 & 2. Not represented—Respondent No. 3. Civil Appeal No. 59 of 1994. (From the judgment and order dated 29th October, 1991 passed by the High Court Division in Writ Petition No. 1602 of 1988......pellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md Abdur Rouf J Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ………...

Category: Property Law | Date: | Hits: 57

Abdul Wadud Vs. State, 1995, 24 CLC (AD)

.... For the Appellant. M Shamsul Alam, Deputy-Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record —For the Respondent. Criminal Appeal No. 3 of 1995 (From the judgment and order dated 4 April 1995 passed by the High Court Division in Criminal Revision No. 291 of 1991). ......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...

Category: Criminal Law | Date: | Hits: 75

Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)

.... Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record — For Respondent No.1 (In both the Appeals). Civil Appeal Nos. 14 and 15 of 1994. (From the judgment and order dated 2.8.93 passed by the High Court Division in First Appeal Nos. 181 of 1990 and 30 of 199......…………..Respondents [In both the Appeals] Judgment      April 27, 1995. Cases Referred to- M/s Khan Brothers Ltd. vs Government of Bangladesh 27 DLR 423, Government of the People’s Republic of Bangladesh vs. M..

Category: Property Law | Date: | Hits: 61

Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)

.... as contended on their behalf that the same also belonged to Jamiruddin and, as such, they are entitled to their share. 6. It is to be noticed in this connection that the trial Court by its order dated 21.8.64 directed the defendants 2 and 3 to pay ad valorem Court-fee in respect of sche......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..

Category: Property Law | Date: | Hits: 51

Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)

....the Deputy Commissioner of Dacca, and the said accused appellant to show cause why the sentence of rigorous imprisonment passed on the said appellant should not be enhanced or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts which l......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..

Category: Criminal Law | Date: | Hits: 68

State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)

....ted by Parashullah Fakir to Dulal Fakir. PW 1 Sk Elahi Baksh took Dulal Fakir to the Mela after evening and purchased sweets for him and thereafter nobody saw Dulal Fakir returning to his house. In order to save himself from the charge of murder PW 1 Sk. Elahi Baksh with the help of other witness...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..

Category: Criminal Law | Date: | Hits: 62

Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)

....nts, as to the maintainability of the second appeal in view of the fact that it stands abated as against the heirs and legal representatives of the defendants respondents Nos. 3, 10 and 11, as per order of this Court, dated 20.4.64. On this point Mr. Salam submits that in the event of success in......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 59

Safar Ali and others Vs. State, 1972, 1 CLC (HCD)

....or the Petitioners. Not represented- State. Criminal Revision Case No. 152 of 1969. Judgment:       A Quasim J.- This Rule is directed against an order of conviction and sentence under sections 147, 323 and 324 of the Pakistan Penal Code. ......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ..

Category: Criminal Law | Date: | Hits: 69

Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)

....gment:                   TH Khan J.- This is a plaintiffs appeal and is directed against the judgment and order passed by the learned Subordinate Judge, 1st Court, Chittagong, dated the 15th April, 1964 in...... meet with disappointment.  The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..

Category: Property Law | Date: | Hits: 71

Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)

....ndivided family has ceased to exist as such and the agricultural income is being enjoyed separately by the members or groups of the members of such family in definite shares, he shall record an order to that effect: Provided that no such order shall be recorded until notices of the......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)

....for defect of parties and properties? 3. Is the plaintiff entitled to partition? If so, for what share? 8. It appears from the record that the learned Subordinate Judge by his order No. 34 dated 20th September, 1961 recorded the following orders: "20.9.61. ......nfant and the defendant No.l was major and naturally he looked after and managed the properties left by Syed Mohd. Idris. The tenanted lands of Syed Mohd. Idris, however, have been acquired by the Government and accordingly those properties have been excluded in the suit. The lands mentioned in ..

Category: Property Law | Date: | Hits: 59

Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)

.... the Khulna District Council on 23.1.1968 removing the petitioner from the office of Chairman of Islamkati Union Council under Article 25 (3) (b) of the Basic Democracies Order, 1959 as well as an order of the Sub-Divisional Officer, Satkhira dated 3.1.1968 directing the petitioner to make over ......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..

Category: Others | Date: | Hits: 92

Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)

....TM Afzal — For the Opposite Party No.2. Criminal Revision No. 623 of 1970. Judgment:       Abdullah Jabir J.- This Rule is directed against an order passed by Mr. AH Chowdhury, Sessions Judge, Dinajpur, directing that the petitioner Abul Huss...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..

Category: Criminal Law | Date: | Hits: 82

Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)

....State Acquisition and Tenancy Act, 1951, for pre-emption of 1.49 acres of lands out of CS plot Nos. 1224, 1225 and 1226 of Mouja Kulbaria with PS Jhenidah. It is directed against the Judgement and order dated 13.10.66 passed by the learned Subordinate Judge, Jessore, in Miscellaneous Appeal No. ......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 47