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A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)

....Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......tated above. 3. The learned counsel for the petitioners sub­mits that the ascertainment of possession is a judicial act which has to be ascertained by the court upon evidence and an Advocate Commissioner is not competent to ascertain possession and the High Court Division suo-moto and witho..

Category: Civil Law | Date: | Hits: 116

Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)

....d election petition being Election Tribunal Case No. 1 of 2003 in the Court of Assistant Judge and Election Tribunal Sadar, Sirajgonj District-Sirajgonj for cancelling the result of the election of Ward No.6, 7 of Mesura Union Parishad under Police Station and District-Sirajganj after recounting ...... stay granted earlier shall con­tinue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ..

Category: Election Law | Date: | Hits: 111

Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)

....ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......uit land are cor­rect. 11. It is also not disputed that the plaintiffs did not approach the authorized officer of the Government of the then 'East Pakistan now Bangladesh i.e.(The Deputy Commissioner concerned) for regularization of the exchange deed alleged to have been executed in hi..

Category: Property Law | Date: | Hits: 59

Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)

....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......t and that the defendant No.1 sent the shipping docu­ments to the plaintiff after shipment of the goods and that the clearing and forwarding agent of the plaintiff filed application before the Commissioner of Customs for completion of the pre-delivery proceedings and accord­ingly the sam..

Category: Business or Commercial Law | Date: | Hits: 121

State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)

....urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......Appellate Division (Criminal) Present: Syed J.R.Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The State represented by the Deputy Commissioner, Dinajpur.......Petitioner Vs Abdul Toab alias Abdul Towab and other&hel..

Category: Criminal Law | Date: | Hits: 35

Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)

....m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......d to furnish information in respect of the land of plot No. 685 as regard which L.A. Case No. 91 of 1957-58 was initiated and the Ministry of Land by the Memo, dated 10.11.2003 directed the Deputy Commissioner to supply the information to the learned Additional Attorney General and the Deputy Co..

Category: Property Law | Date: | Hits: 40

Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)

....r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......;try of Finance, Internal Resources Division (Cus­toms) and ors.............................Respondents Judgment November 30, 2005 Cases Referred To- Mustafa Kamal vs Commissioner of Customs and others, 52 DLR (AD) 1; Bangladesh vs. Mizanur Rahman, 52 DLR (AD) 149 ..

Category: Fiscal/Taxation Law | Date: | Hits: 126

Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)

....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......d persons, the said land was included in the list of Enemy Properties (now vested property) in VP Case No. 566 of 1968. The Ministry of Land by Memo dated 30-10-1989 informed the Additional Deputy Commissioner (Revenue) Dhaka, that the land has been released from the vested property list. The Go..

Category: Property Law | Date: | Hits: 37

State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)

....Commissioner, 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. ......nce passed against him by the Additional Sessions Judge, 2nd Court, Patuakhali under sections 302/34 of the Penal Code is restored. He must surrender to his bail bond at once failing which the Deputy Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of t..

Category: Criminal Law | Date: | Hits: 117

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.......hanging the polling stations, that the Returning Officer did not alone take the decision to change the polling sta­tions but he acted on the advice of the local adminis­tration including the Deputy Commissioner, the Su­perintendent of Police and the Nirbahi Officer, who thought it expedient to ch..

Category: Election Law | Date: | Hits: 163

Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)

....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 ......1985 rejecting the ac­cused-appellant's prayer for bail pending disposal of the appeal. While granting leave we directed release 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 wa..

Category: Criminal Law | Date: | Hits: 64

Atiqur Rahman and an­other Vs. State, 1989, 18 CLC (AD)

....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. ......ant No.2, Rash Mohan Adhikari, that he had taken lease of both the fisheries by his lease-deed dated 24 July 1983. Thereupon P.W.2, Nakul Chandra Malo, filed a petition of complaint before the Deputy Commissioner, alleging that the lessee (appellant No.2), the Fishery Officer and his clerk acting in..

Category: Criminal Law | Date: | Hits: 45

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. ...... exporters were in character executive, the Union Government and its officers were not entitled at their mere whim to ignore the promises made by the Government. It could not be said that the Textile Commissioner was the sole judge of the quantum of import licence to be granted to an exporter, and t..

Category: Fiscal/Taxation Law | Date: | Hits: 153

Commissioner of Tax­es, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)

....ed 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. ......s to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)

....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......nst the present petitioners. The High Court Division by impugned judgment and order dated 13.12.2004 made the rule absolute. Plaintiff-petitioners and defendant opposite party No.5 i.e. the Deputy Commissioner, Gazipur and their agents have been restrained by an order of ad-interim injunction fr..

Category: Property Law | Date: | Hits: 48

Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)

....d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......Aziz J Amirul Kabir Chowdhury J Rafiqul Majid Pintu alias Pintu………………...Petitioner Vs. The State represent­ed by the Deputy Commissioner of Dhaka………....Respondents Judgment August 8, 2004..

Category: Criminal Law | Date: | Hits: 52

Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)

....sed on correct interpreta­tion of law and we do not find any cogent rea­son to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......ate appropri­ate steps in this regard. After publication of such notification the official Gazette the peti­tioner will be entitled to get payment of com­pensation money and the Deputy Commissioner, Dhaka, respondent No. 3, must make final assessment of compensation of the land in qu..

Category: Property Law | Date: | Hits: 33

Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)

....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......Amirul Kabir Chowdhury J Md. Sirajul Islam and others……………………….Petitioners vs The State, represented by the Deputy Commissioner, Chittagong and another ......Respondent Judgment April 17, 2005. ..

Category: Criminal Law | Date: | Hits: 42

Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)

....perty. A learned Metropolitan Magistrate, Dhaka drew the pro­ceeding under Section 145 of the Code of Criminal Procedure by order dated 21.01.1998, attached the property and appointed concerned Ward Commissioner of the City Corporation as the Receiver. Thereupon the petitioner herein filed an....... A learned Metropolitan Magistrate, Dhaka drew the pro­ceeding under Section 145 of the Code of Criminal Procedure by order dated 21.01.1998, attached the property and appointed concerned Ward Commissioner of the City Corporation as the Receiver. Thereupon the petitioner herein filed an appl..

Category: Procedural Law | Date: | Hits: 154

Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)

.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 35