Search Options
Judgment Advanced Search
Displaying 2201-2220 of 3456 results.
.... with Mr. Fida M. Kamal, learned Additional Attorney General, appearing for the appellants in C.A. No. 244 of 2005 that the High-Court Division erred in law in making the rule absolute instead of not holding that the instant writ petition is not maintainable in respect of a plain and simple commerci......y, of the writ petitioner for the work already done in accordance law.
Cases Referred To-
Sharping Matshjibi Samabaya Samity Ltd. vs Bangladesh and others 39 DLR (AD) 85; Mesbahuddin Ahmed Vs. Government of Bangladesh and orders 47 DLR 515; Bangladesh Power Development Board and others Vs. Md...
Category: Civil Law | Date: | Hits: 212
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....used the petition and the impugned judgment and order of this Division and also other connected papers. 4. As it appears this Division, after hearing, dismissed above civil petitions holding that the High Court Division correctly found that the petitioners, being defaulters, cannot......hey also took his signature on a rent receipt assuring that they will take back the amount given to him and the petitioners also gave him a photocopy of typed stamp to him and requested him to read over the same but he, being an illiterate, got it read over by others and the petitioners with mal..Category: Property Law | Date: | Hits: 48
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....ding 25% solatium on the auctioned value to the auction purchaser as the auctioned property is only homestead of the petitioners. 4. As it appears the High Court Division discharged the Rule holding that admittedly the auction purchaser, the respondent No.4, has already got the sale deed i...... MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Mrs. Zinnatul Ara and others……….............Petitioners. Vs. Government of the People’s Republic of Bangladesh, represented by Secretary, Ministry of law, ..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ismissed the appeal. Thereafter the petitioners moved the High Court Division and obtained Rule in Civil Revision No.3989 of 2007 and the High Court Division, after hearing, made the Rule absolute holding that the contents of the agreement show that the petitioners did not desire to sell that su......ts that the High Court Division committed error of law in failing to consider that the agreement dated 10.11.2002 being a loan agreement for Tk.3,50,000.00, the appropriate remedy was a suit for recovery of money and so the suit for specific performance was not maintainable under section 21(a) o..Category: Property Law | Date: | Hits: 28
Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)
....a dated 11.1.1952 is not hit by section 107 of the Transfer of Property Act and that the suit land is part of plot No. 533. 2. As it appears this Division dismissed the above civil petition holding that the High Court Division, on perusal of the judgment of the Courts below found that the...... petition holding that the High Court Division, on perusal of the judgment of the Courts below found that the trial court found encroachment by the defendant petitioner on the land of plot No.533 covering an area of .0½ decimal and the above finding was not reversed by the lower appellate..Category: Property Law | Date: | Hits: 35
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....s Captain Md. Kismat Hashem, Major Ahmed Shariful Hossain alias Shariful Islam passed by the learned Sessions Judge, Dhaka in Sessions Case No. 319 of 1997 was set aside by the third learned Judge holding them not guilty agreeing with the view taken by Md. Ruhul Amin, J and accordingly the Death...... (d) the evidence and materials on record will only show that there was no case of criminal conspiracy for murder but a case of criminal conspiracy to commit mutiny to change the then Mujib Government. Hence the conviction and sentence of the convict petitioners are liable to be set aside..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....7 and Civil Appeal No.19 of 1997 respectively, and this Division affirmed the judgment and order passed by the High Court Division in the Writ Petitions scrapping the Indemnity Ordinance,1975 and upholding the Indemnity Repeal Act being Act No.21 of 1996 (Ref: 49 DLR 133 and 18 BLD (AD)155). The......vidence and materials on record as to how brutally the convicts perpetrated the incident and how the criminals were protected, sheltered, rewarded and maintained under State patriotism by the then Governments up to 1996. 343. The learned Counsels for the respondents drew our attention fro..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
.... learned Judges of the Division Bench equally differed in their opinion. Consequently, the matter was laid before the third learned Judge. The third learned Judge concurring with on of the judge upholding the acquittal of one of the appellants and set aside the acquittal of one accused. The Supr......h. It has already been noticed that the third learned Judge after hearing the application on this particular issue passed a separate order dated 06.02.2001 holding the case of 9 condemned prisoners over whom the learned Judges of Division Bench were not divided in opinion are not contemplated to ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....us Ali, Col. Moshiud Doula and Col. Mahmudul Hasan purposely as they would have been unfavourable to the prosecution and therefore, an adverse inference may be drawn against the prosecution for withholding those vital witnesses. Learned counsel further contends that the allegation that Major Moh...... passes the test, the extra-judicial confession can be accepted and can be the basis of a conviction. In such a situation to go in search of corroboration itself tends to cast a shadow of doubt over the evidence. If the evidence of extra-judicial confession is reliable, trustworthy and beyon..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....f their being in possession since they failed to produce any evidence either oral and documentary to establish their possession since 1947 or thereafter, that the appellate Court was quite correct in holding that the Ext. C and the Ext. D (B.S. parcha) do not create any title in favour of the defend...... the same. 2. The suits were filed seeking declaration of title in respect of 30 decimals of land of R.S. Plot No.792 listed in R.S. Khatian No.1700 described in schedule 'Ka' to the plaint and recovery of khas possession of different quantity of land (part of the land described in schedule 'Ka' ..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....ubmission that the High Court Division erred in overlooking the liability of the Tapashee Group to repay the loan in terms of the loan agreement Exhibit-1 thus attracting Article 33 and in not holding that they in any case came squarely within the ambit of the said Article 33. 23. The......t was also discussed by the Martial Law Investigation Committee on 7-7-1982 and the Sangstha was advised not to make any further disbursement to Tapashee/Dockyard and to take steps to recover the disbursed amount. 8. The Sangstha claims a sum of Taka 68.46 lakh due upto 1-1-1983..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....nal report against which the informant filed a naraji petition. The learned Magistrate allowed the naraji petition and directed further investigation of the case by C.I.D. Accordingly C.I.D. after holding further investigation submitted charge sheet against eighteen accused persons. The case was......bur Rahman Mondal alias Habib Mondal was the General Secretary of Sutrapur Thana B.N.P. and the Joint Secretary of the Dhaka District Bar Nationalist Ainjibi Forum. He had bitter enmity and rivalry over local politics with accused Sahidur Rahman alias Shahid, Commissioner of Ward No.83 of Dhaka ..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ication Nos. 31 of 2000, 32 of 2000 and 24 of 1997 answering the question in the first two reference cases in the affirmative and in the last mentioned reference case in the negative and thereby upholding the order of the Taxes Appellate Tribunal dated February 14, 2000 and September 4,1995 affi...... the petitioner as to narration of the facts in the judgments. 4. The question of law that was made the subject matter of Reference cases is, whether the expenditure on the head 'Zakat' is covered by the provisions of section 29(1)(XXVII) of the Income Tax Ordinance, 1984. It was contende..Category: Fiscal/Taxation Law | Date: | Hits: 145
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....iven by the High Court Division to the respondent No.2, the Receiver appointed in Non FIR Case No.793 of 1997 filed under section 145 of the Code of Criminal Procedure, to hand over the possession of holding No.59/1 Purana Paltan, Dhaka to Mr Humayun Kabir, the added respondent No.4. 2. Facts, in......ates to the direction given by the High Court Division to the respondent No.2, the Receiver appointed in Non FIR Case No.793 of 1997 filed under section 145 of the Code of Criminal Procedure, to hand over the possession of holding No.59/1 Purana Paltan, Dhaka to Mr Humayun Kabir, the added responden..Category: Criminal Law | Date: | Hits: 62
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....er has come to this Court obtained the present Rule. 8. Mr. Md. Golam Mostafa, the learned Advocate appearing for the pre-emptee-petitioner submits that the appellate Court below acted wrongly in holding that the pre-emptee purchaser is not a co-sharer in the tenancy and thereby illegally affirm......r while enjoying and possessing the land verbally gifted the land to him. This witness also stated in his deposition that after the death of his father on 18th Jaistha, 1404 B.S. he was asked to hand over the possession of the case land and thereafter on 01.06.97 after obtaining the certified copy o..Category: Property Law | Date: | Hits: 37
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
.... as to their standing to maintain the said petition. I could not persuade myself to agree on the views expressing lack of their standing to maintain the leave petition passed by my brother, Matin, J, holding- “This follows that the High Court Division is a unit of this Court with a co-ordinate......E-Elahi Panir Vs. Bangladesh 44 DLR(AD) 319; Raj Kanwar, Advocates V. Union of India, (1992) 4 SCC 605; Abrar Hassan Vs. Govt. of Sind P.L.D 1976 S.C page 315; S.N. Goswami, Advocate and another Vs. Government of Bangladesh, 55 DLR 332; Sankal Chand (AIR 1977 SC 2328); A-G vs. Jonthan Cape Ltd. {197..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....y the Court need to be released in favour of the Bank. 4. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the petitioner submitted that the High Court Division committed an error in holding that the suit is not barred by limitation in view of continuous default in payment of rent ......ection 23 of Limitation Act and that fresh period of limitation begins to run at every moment of time during such breach of contract without considering the settled principle that the period for recovery of arrear rent having been fixed by Article 110 of schedule I of the Limitation Act at 3 yea..Category: Civil Law | Date: | Hits: 110
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....d husband of Chandra Bhanu sold some land to one Abdul Motiob by a registered kabala dated 01.10.1965 exhibit-2; that by exhibit-2 and 2(a) the present defendant No.1 became a co-sharer in the suit holding. It appears that the trial Court who granted a decree recorded no finding that the plainti......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 29
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... a report of compliance as well. The learned Advocate further submitted that the High Court Division ought not to have recalled his earlier judgment and order dated 25.04.2006 discharging the Rule holding that the suit itself is maintainable on question of benamdar. 5. It appears from th......cate and possession of the suit land through Court in auction purchase and have been enjoying and possessing the same. It appears that the S.A. and R. S. record rightly prepared in the name of the Government. The original owners of the suit scheduled property left this Country before, 1965. The ..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....rt Bar Association Mr. A.F.M. Mesbahuddin expressed their view in favour of the reference submitting that reference is maintainable but their view, with the exception of Mr. Khandker Mahabuddin Ahmed holding the view that the Army Act can be made applicable by issuing the notification under section ......itude was committed on 25.2.2009 and 26.2.2009. Subsequently the offence of mutiny was also committed in 40 different BDR establishments around the country. In course of the said occurrence spreading over two days above BDR mutineers in the Peelkhana killed in all 73 persons, of them 57 were very up..Category: Constitutional Law | Date: | Hits: 289
34623460345734563455345334513450344834453443344134393438343534313430342934263424