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....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......ed on 15.12.1983 and delivery of possession was received by the writ petitioner on 26.01.1984 through Title Execution Case No.38 of 1983 and it is also on record that the Government has issued demand note for payment of rent on the prayer of one Syed Aftab Uddin, who was in possession of the case pr..
Category: Property Law | Date: | Hits: 54
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
.... respondent and the Tribunal committed wrong in holding that the assessee is not hale to any taxation. 4. Syed Ishtiaq Ahmed, the learned Counsel appearing on behalf of the respondent on the other hand submits that this respondent is wholly a charitable institution and it has been established onl......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....of the suits are practically the same and the same has occasioned failure of justice. 7. Mr. Md. Khurshid Alam Khan, the learned Advocate appearing for plaintiff-opposite party No. 4, on the other hand, submits that the issues involved in the Partition No. 1819 of 1992 before the Subordinate Judg......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...Category: Property Law | Date: | Hits: 57
....pondent No. 1, Deputy Director, Bureau of Anti Corruption, Dhaka by its office memo dated 19-9-93 addressed to the Managing Director, Arab Bangladesh Bank Ltd. the present petitioner, directed him to hand over the documents and papers of 9 account holders by way of seizure to respondent No. 2 in ord......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145...
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....ess at the aforesaid shop as a lessee under the Islamic Foundation. But the Islamic Foundation i.e. the appellant, took over possession of the said shop after the death of Ayesha Begum and refused to hand over the same in favour of the plaintiff Khairunnessa. Plaintiff Khairunnessa requested the app......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ..Category: Property Law | Date: | Hits: 116
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....low erred in law in allowing pre-emption without awarding improvement cost to the petitioners. 6. Mr. Mansur Habib, the learned Advocate appearing for the pre-emptor-opposite-parties, on the other hand, submits that the learned Court of appeal below was perfectly justified in reversing the judgme......g any notice upon them as required by law. On obtaining the certified copy of the impugned Kabala the pre-emptors filed the pre-emption case on 15-3-79 after making the statutory deposit. It is to be noted in this connection that the registration of the impugned kabala under section 60 of the Regist..Category: Property Law | Date: | Hits: 56
Mukit and others Vs. State, 2011, 40 CLC (AD)
....inted weapon, on the chest of Fazir Uddin when Laich Uddin (P.W.1), the informant, resisted him. At that time accused Babul inflicted a blow with ballom on his chest. Salu inflicted a dao blow on the hand of Maruf Uddin (P.W.5), the informant. On hearing cries, it is alleged, other witnesses approac......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..Category: Criminal Law | Date: | Hits: 49
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....” For the Opposite Parties. Criminal Revision No.1533 of 1993. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 28-6-93 passed by the Sessions Judge, Chandpur in Criminal Appeal No.69 of 1992 dismissing the appeal and upholding the judgment and order ......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129...Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....nce case and, as such, the impugned order of conviction and sentence is not maintainable in law. 7. Mr. Kh Mahbub Alam, the learned Assistant Attorney-General appearing for the State, on the other hand, supports the impugned order of conviction and sentence and submits that the learned Courts bel......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...Category: Criminal Law | Date: | Hits: 68
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....ahman and another –Vs- Bangladesh Bank and others in same DLR at page 540, and the case of Md. Mostafa Kamal and others –Vs- Bangladesh Bank and others reported in 11 MLR, 377. 5. On the other hand, Mr. Md. Mizanur Rahman, learned Advocate appearing for the respondent-banks opposed the Rule a......nd Artha Rin Adalat Ain, 2003, held: “ 22. ... The petitioner’s name, even if he is indebted to one of the respondents as a guarantor, cannot be included in the CIB list. It should however, be noted that the respondent creditor bank is at liberty to file case against the petitioner in the Art..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....Order XXI rule 37 of the Code of Civil Procedure and also in violation of the principle of natural justice, and as such the impugned order has been passed without lawful authority. 5. On the other hand, Mr. Md. Golam Mostafa, the learned Advocate appearing for respondent No.3 opposed the Rule sub......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....office Memo No. 437/DAB (BAB) dated 7‑5‑94 addressed to the District and Sessions Judge, Nababganj prayed for issuing direction upon the Manager, Chapai Nababganj Branch of the petitioner Bank to hand over all MT/TT's statement from July, 1992 to March 1994 sent to different branches of Dhaka an......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233...Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....here in spite of pendency of the application filed under sub-section(2) of section 6 of the Act and the correspondences for long pending before the Government and the petitioner-University on the one hand and the petitioner-University and the Grants Commission on the other hand, no action is taken b......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ..Category: Others | Date: | Hits: 104
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....ial Martial Law Court had no jurisdiction to try the petitioner, the judgment, conviction and sentence passed by it was a nullity and had no existence in the eye of law. 7. It is contended by Mr. Khandaker Mahbubuddin Ahmed that even if it is found that Article 35(2) of the Constitution is not at......nctions. What the framers of the Constitution wanted to provide for was a specific thing, namely, the non-prosecution of a person who had already been prosecuted and convicted. 15. We have already noted that Article 35(2) uses the conjunction ‘and’ and not the disjunction “or’ between the..Category: Criminal Law | Date: | Hits: 56
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....: 51 DLR (HCD) (1999) 77. ......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ..Category: Property Law | Date: | Hits: 51
....e that asking the petitioners to be present for examination and recording statements amounts to compelling them to be witnesses against themselves.
8. Mr. Md. Farid, learned Advocate, on the other hand, submitted that the notice dated 8-4-96 issued by the Bureau of Anti-Corruption is given on the......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
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Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....-1991 shall be declared to have been passed without any lawful authority, arbitrarily, malafide and void and why the respondents shall not be directed to realise charge as per Schedule of Charges for handling container with the equipment of the petitioner company and they shall not be directed to re......ddition to CPA equipment, non-CPA equipment assists in loading or discharging, the charge will be six tenth of the rate shown which appears under Tariff Item No. 4.1.1 of the Schedules of rates while notes (ix) provides, if no CPA equipment is used for loading or discharging, the charge will be two ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....ncluding other 12 tanneries were under the management of Bangladesh Tanneries Corporation and subsequently those tanneries were placed under Bangladesh Chemical Industries Corporation till those were handed over to Bangladesh Muktijodda Kallyan Trust on 28-2-78. While the said Madina Tannery includi......tually the said loan was a short term loan as the other 12 Tanneries obtained the loan on short term basis and the same terms should have been applicable in the case of Madina Tannery. In the summary note it was stated that the benefit of mistake cannot go in favour of the Government instead the buy..Category: Others | Date: | Hits: 95
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....m about the recovery, whereupon he went there, identified the dead body and found three wounds on the head of the deceased, one wound on the neck and multiple injuries on his body and also found left hand of the deceased broken. He further stated that the appellant No.1 Abu Jamal stole away their ne...... 4. Multiple echymosis swelling on the back of the chest. On deep dissection ante-mortem firm clotted blood found accumulated under skull and cavial cavity. In his opinion, the death was due to above noted injuries which were ante-mortem and homicidal in nature. 17. PW 10 is Md. Lehajuddin who wa..Category: Criminal Law | Date: | Hits: 55
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
.... Kabala dated 11-3-1944 (Exhibit 3) and, as such, the concerned SA Khatian showing the names of the defendant Nos. 1 to 3 instead of the defendant No. 3 alone, was obviously wrong. 9. On the other hand, Mr. KS Zaman, the learned Advocate appearing on behalf of the opposite party No.1, refers to t......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ..Category: Property Law | Date: | Hits: 72
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