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Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
....d that the arbitration agreement should be filed, then the Court will refer the dispute to the arbitrator to be nominated by the Secretary of the Ministry. Question of change of the arbitrator is not relevant when the parties agreed upon his appointment in the agreement. In the result, the appeal...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......A Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. Result: The appeal is di...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....ate Judge interpreted the pattas as creating tenure holding in favour of the defendant, and decreed the suit. This decision was affirmed by the learned Single Judge of the High Court Division. The relevant portion of the patta which is identical in all the 4 pattas marked Exhibit D series runs in......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116....... Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Fazler Rahman Talukder…. Appellant Vs. Md. Mohsen Ali Talukder and another… Respondent Judgment June 23, 1982. Result: The Appeal is allowed. Law......ather of the plaintiff. He claimed that since he has acquired a right of occupancy in the suit land he is not liable to be ejected. 3. The learned Munsif on consideration of the pattas and other documents produced by the party and subsequent user of the land by the tenants dismissed the suit on..Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....f the decisions referred above, I feel that I am bound to confine this hearing to the aspect of sentence only, although I agree that the whole case may be placed before this Bench so far as it may be relevant in arguing that issue. 25. The learned advocates for the appellants having indicated th......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ...... (Criminal) Present: Md. Imman Ali J The State...........................Petitioner Vs. Md. Faisal Alam Ansari...........................Condemned Prisoner Md. Saiful Alam Ansari and another..........Absconding Convicts (Death Reference No.81 of 2003) With Md. Faisal Alam ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
..... - This petition for leave to appeal is directed against the judgment and order dated 29.11.2010 passed by the High Court Division in Writ Petition No.4379 of 2007 discharging the Rule.
3. Facts relevant for disposal of the instant leave petition are that the petitioners’ father Sarbananda Sa......ssed by the High Court Division.
7. We have considered the submissions of the learned Counsel for both the parties and perused the impugned judgment of the High Court Division and other connected papers on record.
8. We find from the Annexure-“C” to the writ petition, which was the impug......Civil)
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Samerendra Samajpati and others…………………………………………………………Petitioners
Vs.
Go......r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 69
State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)
....m the judgment and order of acquittal of the accused respondent passed by the High Court Division of a charge under section 409 of the Penal Code read with section 5(2) of Act II of 1947. 2. Facts relevant for the disposal of this petition are that the accused respondent was put on trial to face ......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ...... by B. Hossain, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 440 of 2009. (From the judgment and order dated 10.8.2009 passed by the High Court Division in Criminal Appeal No.1628 of 1996.) ......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 77
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......ourt Division. 9. We have considered the submissions of the learned Advocate for the petitioner and perused the impugned judgement and order of the High Court Division and other connected papers on record. 10. We find merit in the submissions of the learned Advocate for the petitione......bdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Most. Anwara Khatun……………………………………….Petitioner Vs. Md. Ensab Ali Akand…………………………………………Respondent Order March 4, 2012. Result: ......endant is possessing remaining 2.66 acres of land; that the original owner of the land died in the year 1972-73 and the plaintiff has no right title and possession but he filed this suit with created documents and as such the suit is liable to be dismissed. 4. Nine witnesses were examined in sup..Category: Property Law | Date: | Hits: 66
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....er any licence holder came for renewal of the licence, the accused respondents affixed stamp in the blue books. 6. The consistent case of the prosecution is that the accused respondents during the relevant times sold motor vehicle stamps and realized Tk.7,13,365/- but they showed realization of T......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ...... State………………...................Appellants (In both the appeals) Vs. Md. Abul Hossain…………………………Respondent (In Criminal Appeal No.25 of 2004) Md. Mozammel Haque and another………….Respondents (In Criminal Appeal No.26 of 2004) Judgment December 7, 20......he query and without giving reply to the query he wanted to divert our attention to other points. 7. Md. Mohiuddin Ahmed, (P.W.2) is an Inspector of the Bureau of Anti Corruption and he proved the documents seized in course of the investigation of the case, such as, tax token counterfoils, Stamp ..Category: Criminal Law | Date: | Hits: 85
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......he judgment delivered by the appellate Court, which allowed two appeals and dismissed the other. 12. We have considered the impugned judgment delivered by the High Court Division and the other papers in the paper book. Admittedly, the suit land along with other lands originally belonged to La......t: Surendra Rumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb & others................... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..Category: Property Law | Date: | Hits: 67
.... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44.......Magistrate dismissing the petition of complaint and that so long the order of dismissal stands the subsequent FIR could not be entertained.
11. We have considered the impugned judgment and other papers on record. The High Court Division came to a finding that the earlier case was dismissed for ......urendra Kumar Sinha J
MA WahhabMiah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Imman Ali J
Md. Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Faridul Islam alias Faridul Alam and others..........................Petitioners
Vs.
State, represented by the DC, Chittagong a...... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44...
Category: Criminal Law | Date: | Hits: 85
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....he High Court Division is not applicable unless and until the post of the Bench Readers of the Appellate Division is upgraded at entry level First Class Gazetted post by competent authority under the relevant rules and regulations in force. Moreover, one is entitled to the pay scale of taka 9000-154......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67....... Sinha J Md. Abdul Wahhab Miah J Ms. Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others……………..Appellants Vs. Md. Mosharraf Hossain………………………......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...Category: Employment/Service Law | Date: | Hits: 127
Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)
....eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ......ring his life time. Before handing over the plot to him he expired in a hospital in Chittagong on 19.06.1994 leaving behind the respondents as his heirs. 3. The respondents submitted all necessary papers to RAJUK for getting possession of the plot. RAJUK by letter dated 09.10.2007 requested the r...... Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Rajdhani Unnayan Katripakkha (RAJUK) Represented by It's Chairman, Rajuk Bhaban, Rajuk Avenue, Motijheel, Dhaka and Others……………………………………………………………….Petitioners Vs......eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ..Category: Civil Law | Date: | Hits: 76
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
....ivision Bench of the High Court Division in Death Reference No.150 of 2004 rejecting the Death reference so far as it relates to the accused-respondents and acquitting them of the charge. 2. Facts relevant for the disposal of this petition are that on 3rd November, 1975 at dawn, the then Inspecto......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......t: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State………………………………………………………Petitioner Vs. Dafader Marfoth Ali Shah and another………….Respondents Order January 11, 2011. Result: The Leave is granted. ......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 191
Mainuddin Vs. State and another, 2010, 39 CLC (AD)
.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......arned Judges of the High Court Division committed error of law in not interfering with the order of charge. 6. We have heard the learned Senior Counsel for the petitioner and perused the connected papers as well as the impugned judgment. We noticed that the learned Magistrate has enquired into th......eem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mainuddin…………………………………………………….Petitioner Vs. The State and another ……………………………...Respondents Judgment August 5, 2010. Result......ce of offences punishable under section 302/34 of the Penal Code. After the case record was sent to the learned Sessions Judge for trial, the latter on consideration of the record of the case and the documents submitted therewith was of the opinion that there is ground for presuming that the accused..Category: Criminal Law | Date: | Hits: 66
.... notice on 28-11-2005 and claimed that the demand was not in conformity with the actual facts and circumstances and the valid evidence. The petitioner in support of its reply furnished particulars of relevant documents and claimed that the demand notice was not tenable. The matter was adjudicated up...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ......
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Imman Ali J
Mamtaz Uddin Ahmed J
JMS Glass Industries Ltd............................................Petitioner
Vs.
Customs, Excise and VAT Appellate Tribunal and others...............Respondents
Judgment
November 17, 2011.
......n 28-11-2005 and claimed that the demand was not in conformity with the actual facts and circumstances and the valid evidence. The petitioner in support of its reply furnished particulars of relevant documents and claimed that the demand notice was not tenable. The matter was adjudicated upon by res..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....mali nature of the suit property and (b) whether the defendant No.1 is competent to challenge the said orders since the plaintiff did not challenge the defendant No.2's prayers. 2. Short facts relevant for the disposal of this appeal are that a partition deed was said to have been executed on......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......e Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Azmal Khan.........................................Appellant Vs. Md. Afzal Khan and others…………….........Respondent Judgment March 2, 2011. Result: The appeal ......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..Category: Civil Law | Date: | Hits: 86
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....dge, fourth Court, Dhaka in Title Suit No.183 of 2006 rejecting an application for temporary injunction filed by the plaintiff under Order XXXIX, rule 1 of the Code of Civil Procedure. 2. Facts relevant for disposal of the Appeal as well as the connected Rule, in brief, are that the plaintiffs......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ...... Reported in: ......on was also not filed. 7. We have gone through the impugned judgment and perused the plaint, application for temporary injunction, ex parte order of temporary injunction, written objection and the documents of possession annexed with the supplementary affidavit filed by the appellant-petitioners ..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....dered together. The consideration involves the question of interpretation of some of the sections of East Pakistan Premises Rent Control Ordinance, 1963 as amended and extended from time to time. The relevant sections that require to be considered are sections 18(1), 18(5) and section 19(1) of the O......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......lant Vs. Md. Hedayelullah………………………..Respondent Judgment February 27, 1978. Result: The appeal is dismissed. Cases Referred to- AK Fazlul Haq Vs. Nibaran Chandra Saha, (1967) 19 DLR 901; Mullah Mahbub Ali Vs. Jonab Ali, (1956) 8 DLR 448; Ananda Sundari Kar......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...Category: Property Law | Date: | Hits: 87
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....ird Schedule of the Constitution of 1962 and (2) whether the imposition of Cyclone Relief Surcharge was illegal whether it was a tax on a tax. 5. It is not disputed that the Company during the relevant period was enjoying tax-holiday under section 15BB. The question is, whether any tax could ......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ...... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J M/S Pak Jute Mills Ltd…………………Appellant Vs. Income Tax Officer and another…………………Respondents Judgment August 17, 1978. Result: The appea......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
....ngladesh as a sovereign and independent state. On the 16th March, 1971 Bangladesh proclaimed independence and a Proclamation was issued to that effect on 10th day of April, 1971 from Mujib Nagar. The relevant portion of the Proclamation reads as follows:- "In order to ensure for the people of Bangla...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......Appellate Division (Civil) Present: Kemaluddin Hossain C J K M Subhan J Badrul Haider Chowdhury J Mullick Brothers……………………….Appellant Vs. Income Tax Officer and another……………………………Respondents Judgment November 30, 1978. Result:...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165...Category: Fiscal/Taxation Law | Date: | Hits: 122
....expunction of remarks made in the judgment of the High Court Division against them, in the cases they appeared as Advocates representing the appellants before the High Court Division.
2. Facts relevant for the disposal of this appeal may set out as follows: The appellants were engaged to re......nd the observations in paragraphs 10-15 in entirely are expunged.
In the result the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 163.......orted in: 31 DLR (AD) (1979) 163.......nd the observations in paragraphs 10-15 in entirely are expunged.
In the result the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 163...
Category: Others | Date: | Hits: 145
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