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Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)

....ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400....... (From the judgment and order dated 19.05.2009 passed by the High Court Division in Civil Revision No.4014 of 2008.) Judgment Nazmun Ara Sultana J.- This civil peti­tion has been filed seeking leave to appeal against the judgment and order dated 19.05.2009 passed by a Single Bench of the High..

Category: Property Law | Date: | Hits: 75

Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)

....at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......e judgment and order dated 23.11.2009 passed by the High Court Division in Civil Revision Nos.3496 of 2005 and 3501 of 2005) Judgment Nazmun Ara Sultana J.- Since both these Civil Petitions for leave to Appeal have been directed against the judgment and order dated 23.11.2009 passed by a Singl..

Category: Property Law | Date: | Hits: 72

Muktarpur Matashajibi Samabaya Samity Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....d of the High Court Division, be communicat­ed to the Chief Judicial Magistrate, Sunamganj for taking action as per direc­tion made above. Ed. This Case is also Reported in: 9 ADC (2012) 390. ......d of the High Court Division, be communicat­ed to the Chief Judicial Magistrate, Sunamganj for taking action as per direc­tion made above. Ed. This Case is also Reported in: 9 ADC (2012) 390. ..

Category: Property Law | Date: | Hits: 90

Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)

.... plaint are illegal, forged, fake collusive and made by false personation and of no legal effect which is not only misconceived and also clearly barred by law because the Artha Rin Adalat Ain being a special legislation setting up special Court the remedies will follow as provided therein and there ......lat was created for a limited purpose of trying the Artha Rin suits only. It is not competent to try the subsequent suit; therefore, bar of res judicata is not attracted. The bank filed the aforesaid leave petition before the Appellate Division challenging the Judgment and decree of the High Court D..

Category: Civil Law | Date: | Hits: 141

S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)

....e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......l No. 962 of 2011. (From the judgment and order dated 8th December, 2010 passed by the High Court Division in Writ Petition No.3742 of 2004) Judgment Muhammad Imman Ali J.- This petition for leave to appeal is directed against the judgment and order dated 08.12.2010 passed by the High Court..

Category: Labour and Industrial Law | Date: | Hits: 183

Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)

....judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......al No. 223 of 2009. (From the judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004) Order Syed Mahmud Hossain J.- This civil peti­tion for leave to appeal is directed against the judgment and order dated 01.12.2008 passed by a Single Bench..

Category: Property Law | Date: | Hits: 80

Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)

....r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246.  ......rder dated 21.10.2009 passed by the High Court Division in First Miscellaneous Appeal No.320 of 2004 with Civil Rule No.576(FM) of 2004.) Judgment Nazmun Ara Sultana J.- This Civil Petition for leave to appeal has been directed against the judgment and order dated 21.10.2009 passed by the High..

Category: Civil Law | Date: | Hits: 154

Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)

....ly and not to any other community and, as such, its provisions cannot override the provisions of a general law i.e. section 488 CrPC. His second contention is that the Family Courts Ordinance being a special law it cannot override the provisions of general law namely, the Cr.P.C. unless there is exp...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..

Category: Family Law | Date: | Hits: 215

Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......hat the detenu forged the LC and GSP is totally misconceived, misleading and unfounded inasmuch as the instrument of LC is a document between two banks, the foreign bank and the inland bank and there leaves no scope for interception enabling the detenu to forge the LC or for that matter the GSP. ..

Category: Criminal Law | Date: | Hits: 200

Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)

.... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..

Category: Criminal Law | Date: | Hits: 86

Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)

....n held: "The Judicial Committee of the Privy Council consistently maintained that it had undoubtedly full power to allow such amendment even where a legal right had accrued by lapse of time if the special circumstances of the case outweighed such consideration." 8. We have coddled and meticulo......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...

Category: Property Law | Date: | Hits: 151

Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Mohammadi Trading Company, 1994, 23 CLC (HCD)

....ioner of Taxes. Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong. There will be no order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 6. ......ioner of Taxes. Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong. There will be no order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 6. ..

Category: Fiscal/Taxation Law | Date: | Hits: 188

American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)

....ty operating in over 250 ports, approximately in 95 countries through its surveyors. In Bangladesh its branch unit is being operated from its office at Jiban Bima Bhaban, Agrabad, Chittagong with the special status of a company under section 2(5A) of the Income Tax Act, 1922. 8. For the assessmen......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ..

Category: Fiscal/Taxation Law | Date: | Hits: 159

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

....nable to concur with the final order proposed by my learned brother for dismissal of the peti­tion for quashment, although I fully agree with the view of my learned brother on the question for which special leave was granted, namely, whether the appellants were public servants within the meaning of...... concur with the final order proposed by my learned brother for dismissal of the peti­tion for quashment, although I fully agree with the view of my learned brother on the question for which special leave was granted, namely, whether the appellants were public servants within the meaning of section..

Category: Criminal Law | Date: | Hits: 115

Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)

..... Civil Appeal No. 25 of 1973. (From the Judgment and Order dated 30-769 passed by the Dacca High Court in S A. No. 827 of 1965.) Judgment Debesh Chandra Bhattacharya J. - This appeal by special leave is against a judgment of a Bench of the Dacca High Court, setting aside in a Second Ap......il Appeal No. 25 of 1973. (From the Judgment and Order dated 30-769 passed by the Dacca High Court in S A. No. 827 of 1965.) Judgment Debesh Chandra Bhattacharya J. - This appeal by special leave is against a judgment of a Bench of the Dacca High Court, setting aside in a Second Appeal a c..

Category: Property Law | Date: | Hits: 97

Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)

....eave to Appeal No. 173 of 1977. (From the Order dated 3-6-77 passed by the High Court in Civil Revision Case No. 582 of 1977). Judgment Debesh Chandra Bhattacharya J. — This petition for special leave to appeal is against an order, made by a Bench of the High Court on an application by ......Appeal No. 173 of 1977. (From the Order dated 3-6-77 passed by the High Court in Civil Revision Case No. 582 of 1977). Judgment Debesh Chandra Bhattacharya J. — This petition for special leave to appeal is against an order, made by a Bench of the High Court on an application by Responde..

Category: Civil Law | Date: | Hits: 111

Musammat Khale­da Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)

.... to Appeal No.28 of 1977. (From the Judgment and Decree dated 23-6-76 passed by the High Court Division in S.A. No.351 of 1966). Judgment Debesh Chandra Bhattacharya J. - This petition for special leave to appeal is against a judgment of a Bench of the High Court Division dis­missing a S......al No.28 of 1977. (From the Judgment and Decree dated 23-6-76 passed by the High Court Division in S.A. No.351 of 1966). Judgment Debesh Chandra Bhattacharya J. - This petition for special leave to appeal is against a judgment of a Bench of the High Court Division dis­missing a Second Ap..

Category: Property Law | Date: | Hits: 102

M H Khandker, Advocate Vs. Bangladesh (for­merly Province of East Pakistan) & another, 1977, 6 CLC (AD)

....:— The quantity of land; and where fields have been numbered in a Govt. sur­vey, the number of each filed; the amount of annual rent; the installments in which the same is to be paid; and every special conditions of the lease; if the rent is payable in kind the proportion of produce to be deli......e local rate$ the land of the appellant being assessable to rent within the meaning of the said Article were also liable to be assessed to local, rate as dem­anded by the Respondents. 6. Special leave to Appeal was granted by the Appellant Division of the Supreme Court for deciding the question..

Category: Property Law | Date: | Hits: 114

Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)

.... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ......e instant criminal appeal challenging the said judgment and order of conviction and sentence, and subsequently obtained bail. 6. Ms. Afsana Begum, learned Advocate appeared for the appellants with leave of the Court and submitted that the offence of dacoity have not been proved against the appell..

Category: Criminal Law | Date: | Hits: 103

Al-Amin Vs. State, 2011, 40 CLC (AD)

.... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ...... on bail. Lawyers Involved: Mizanur Rahman, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Petitioner. M.K. Rahman, Additional Attorney General (appeared with the leave of the Court)—For the Respondent. Criminal Petition for Leave to Appeal No. 428 of 2010. ..

Category: Criminal Law | Date: | Hits: 96