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Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)

....he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......y fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand, it appears that the appellant and the deceased were very friendly, they spent the day together ..

Category: Criminal Law | Date: | Hits: 44

Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)

....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......s­tant Judge, Rajshahi in Title Suit No. 220 of 1994 decreeing the same. The suit was filed seeking declaration that the order dated May 30, 1994 passed by Additional Deputy Com­missioner (Revenue), Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory......on (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Is­lam J Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Rajshahi and others…………..Appellant Vs Md. Abdul Jabbar Sheikh&helli..

Category: Property Law | Date: | Hits: 38

Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)

.... on 14.02.1958 and was promoted as a officer in the year of 1967; that nationalizing Muslim Commercial Bank and some other banks, Ru­pali Bank was constituted under the provi­sions of Banks Nationalization Order, 1972 (P.O.16 of 1972) and service of the respon­dent was absorbed; that ......f the above, we do not find any cogent reason to interfere with the im­pugned judgment and decree of the High Court Division. The petition is, accordingly, dis­missed. Ed. ......f the above, we do not find any cogent reason to interfere with the im­pugned judgment and decree of the High Court Division. The petition is, accordingly, dis­missed. Ed. ...... leave to Appeal No. 1812 of 2002 Judgment           Md. Fazlul Karim J.-  The petitioners seek leave to appeal against the judgment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88..

Category: Employment/Service Law | Date: | Hits: 136

Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)

....the materials on record arrived at a correct decision and there is no cogent reason to in­terfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......d Shafiar Rahman each should acquire 20% of the allotted shares and the Company increase the paid up capital by issuance of further shares. Accordingly the Company on 01.07.1995 in the meeting of the Board of Directors allotted and issued 1, 24,000 ordinary shares of Tk.100/- each to the subscriber ......the materials on record arrived at a correct decision and there is no cogent reason to in­terfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ...... Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: | Hits: 109

Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)

.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......esent: Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Moulana Noor Mohammad..........Appellant Vs Bangladesh Madrasha Education Board, 2, Orphanaz Road, Bakshi Bazar, Dhaka and others ...........Respondents Judgement ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... M. M. Ruhul Amin J Amirul Kabir Chowdhury J Moulana Noor Mohammad..........Appellant Vs Bangladesh Madrasha Education Board, 2, Orphanaz Road, Bakshi Bazar, Dhaka and others ...........Respondents Judgement March 28, 2006. Lawyers Involved: ..

Category: Constitutional Law | Date: | Hits: 139

Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)

....sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......ted that on 11.05.2004 the Act was amended and the per­centage 5% was substituted with 5% which came into force with effect from 11.05.2004 and that the company by letter dated 07.08.2002 applied to Board of Investment, in short, BOI for registration of "Malt Beverage product" and got registered on......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......ion (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Department of Narcotics Control Represented by its Director General 1, Segunbagicha Dhaka and another............... Petitioners Vs. Crown Beverage Ltd. Senakalyan Bhaban (12th Floor) ..

Category: Criminal Law | Date: | Hits: 76

Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)

....nt Nos. 1,14,20,25,29,30 and 32 in Civil Petition for Leave to Appeal No. 136 of 2005 opposes the petitions submit­ting, inter alia, that the project was approved by the Executive Committee of National Economic Council (ECNEC) and that Director General of Agriculture Extension Department sen......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......e years from July 1991-June 1996 and thereafter it was extended for three years and again for two years and that there were correspondences in the Ministry of Agriculture to transfer the project to Revenue Budget and that an agree­ment was made between Government of Bangladesh and Denmark for......iz J Amirul Kabir Chowdhury J Government of Bangladesh, represent­ed by the Secretary, Ministry of Planning, Sher-E-Bangla Nagar, Police  Station Mohammadpur, District-Dhaka and oth­ers…………………………&hell..

Category: Others | Date: | Hits: 87

Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)

.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......ourt Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dr. Mohammad Sarwar Ramiz and others ......Petitioners (In Civil Petition No. 612 of 2005) Bangladesh represented by t..

Category: Employment/Service Law | Date: | Hits: 86

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. ......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. ......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. ......There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 40

GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)

....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......kur, Rangpur for declaration that the memo dated 10-2-1998 dismissing the plaintiff from the post of Line Technician, Rangpur Pally Bidyut Samity-1, Sathibari, Rangpur and the decision taken in 197th Board meeting of the said Samity on 29-3-1998 disallowing the appeal of the petitioner are void, ill......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......an, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For the Petitioner. Not represented—the Respondent. Civil Petition for Leave to Appeal No. 919 of 2005. (From the judgment and decree dated 5-1-2005 passed by the High Court Division in Civil Revision No.5360 of 2000). ..

Category: Employment/Service Law | Date: | Hits: 181

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. ......999 and handed over vacant possession of the land to Abdus Sobhan, representative of Mrs. Rozario. The respondent No.8 of the Writ Petition No. 6140 of 2000 applied to the Ministry of Land through Board of Investment for allotment of an industrial plot and respondent No. 2 of the said writ petit......e 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 Government subs......ash;Respondent Nos. 3-9. (In CRP No. 78 of 2006) Not represented—Respondents (In CRP No. 84 of 2006) Civil Review Petition Nos. 77-78 & 84 of 2006. (From the judgment and order dated 1 -8-2006 passed by the Appellate Division in Civil Appeal Nos. 62, 63 & 64 of ..

Category: Property Law | Date: | Hits: 37

Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)

.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......ercise of its powers under section 45(1) of the Bank Companies Act, 1991, issued another circular being BRPD Circular Letter No.12 dated 26-4-03 notifying certain restrictions in the composition of Board of Directors and also in respect of qualifications to become eligible for appointment as a D...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......uhul Amin J Md Tafazzul Islam J Bangladesh Bank……………………………....Petitioner Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, 2006. Cases Referred ..

Category: Business or Commercial Law | Date: | Hits: 99

Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)

....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......nt: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Md. Fazlul Karim J M M Ruhul Amin J Md. Tafazzul Islam J A Kabir Chowdhury J Md. Joynul Abedin J Iftekhar Hasan (Md) @ Al Mamun and others................Petitioners vs State…………………………………………..

Category: Criminal Law | Date: | Hits: 213

Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....o in the meantime already invested huge fund in the works went on with the construction works by purchasing the materials from the market at a higher rate on arranging loan of Taka 25,00,000 from the National Bank Limited and loan of Taka 15,00,000 from BCI Bank Ltd with interest @ 18%; after comple......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Chairman, Mongla Port Authority............. Appellant Vs. Kazi Brothers and others…………………………Respondent Judgment June 22, 2004 Case Referred To-..

Category: Civil Law | Date: | Hits: 109

Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)

....tatute for filing appeal against the judgment and decree of the Artha Rin Adalat, without availing the aforesaid remedy, writ petitions cannot be maintained. Cases Referred to- Zahirul Islam vs National Bank Ltd. and others, 46 DLR (AD) 191; Gazi M Towfie vs. Agrani Bank and others, 54 DLR (AD......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Result: The petitions are..

Category: Business or Commercial Law | Date: | Hits: 135

NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Compa­ny (BD) Ltd., 1990, 19 CLC (AD)

....so Reported in: 42 DLR (AD) (1990) 195. ......ed in: 42 DLR (AD) (1990) 195. ...... judgment and order dated 1st Septem­ber, 1986 passed by the High Court Division in Writ Petition No. 235 of 1985). Judgment MH Rahman J. - This appeal by special leave, at the instance of the Revenue, is directed against the judgment and order of the High Court Division, Dhaka, passed in the...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J National Board of Reve­nue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe Compa­ny (Bangladesh) Limited ....

Category: Fiscal/Taxation Law | Date: | Hits: 114

Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dha­ka, Bangladesh and others, 1989, 18 CLC (AD)

....ser­vice as communicated to him by memo dated 26.1.81 was illegal, void, etc. and he was still in the service of the Sonali Bank, Bangladesh. It is not dis­puted that the petitioner joined the then National Bank of Pakistan in the year 1963 as Junior Clerk, that while he was serving as a Branch Ma......….Defendant- Respondents Judgment May 2, 1989. Result: The petition is dismissed. The Sonali Bank (Staff) Service Rules 40 & 42 Disciplinary proceeding The decision of the Board of Directors to remove the petitioner from service amounts to giving approval to the entire- p......as deprived of pro­cedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......n J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dha­ka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: The petitio..

Category: Employment/Service Law | Date: | Hits: 98

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. ......rs from 1390 B.S. The adjacent fishery is "Kumar River from Bhajandhi to Nilakhi and P.Ws. 1 and 2 claimed to have taken lease of this fishery for the same year, 1390 B.S., from the Water Development Board. P.Ws. 1 and 2 were told by appellant No.2, Rash Mohan Adhikari, that he had taken lease of bo......shery Officer and his clerk acting in collusion forged the Lease Deed dated 24 July 1983 and thereby inserted in it this fishery "Kumar River Bhajandhi to Nilakhi". On Deputy Commissioner's order the Revenue Deputy Collec­tor, P.W.6, held a preliminary enquiry into the peti­tion of complaint and f......ted in: 42 DLR (AD) (1990) 176. ..

Category: Criminal Law | Date: | Hits: 45

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

....n applying this notifica­tion while assessing the income of the assessee whose salary income is exempted from tax. 17. The point can be tested from another an­gle. The notification issued by the National Board of Revenue have erroneously included the Judges of the "Bangladesh Supreme Court and ......g this notifica­tion while assessing the income of the assessee whose salary income is exempted from tax. 17. The point can be tested from another an­gle. The notification issued by the National Board of Revenue have erroneously included the Judges of the "Bangladesh Supreme Court and Banglades......ncome of the assessee whose salary income is exempted from tax………………(15 & 16) Cases Referred to- Commissioner of Income Tax Vs. N.M. Raiji, 17 I.T.R. 1949 (Bombay) 180; Inland Revenue Comrs. Vs. Wolfson (1949) 1 ALL E.R. 865 (868). Lawyers Involved: Moksudur Rahman, Se......nnot control the President’s Order No. 21 of 1973 in as much as President’s Order has achieved the status of constitutional legislation whereas section 60 of the Income Tax Act is a statutory law and as such no notification under such law can control the sub-constitutional legislation. In that v..

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

Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)

....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......os.2-133(In Civil Petition No. 990 of 2005). Not represented-Respondent Nos. 2, 5-7 10-13, 15-19, 22-113 (In Civil Petition No. 58 of 2005). Civil Petition for leave to Appeal No. 989 and 990 of 2005 (From the Judgment and Order dated 10.05.2005 passed by the High Court Divis..

Category: Employment/Service Law | Date: | Hits: 56