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Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)
....esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......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..Category: Property Law | Date: | Hits: 35
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......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..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......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..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ...... 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..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......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..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......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..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......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..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......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..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......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..Category: Fiscal/Taxation Law | Date: | Hits: 145
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117.......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..Category: Criminal Law | Date: | Hits: 62
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......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..Category: Property Law | Date: | Hits: 37
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ...... 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..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
.... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......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 ..Category: Civil Law | Date: | Hits: 110
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....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: ......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..Category: Property Law | Date: | Hits: 29
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... 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..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......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 ..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......urt, Mymensingh, who on consideration of the materials and evidence on record allowed the appeal setting aside the judgment and order passed by the trial Court and thereby rejected the pre-emption holding that the Miscellaneous Case was bad for defect of parties and the pre-emptor failed to prov..Category: Property Law | Date: | Hits: 38
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......s of attorney are benami transactions and between the two, the attornies are the real beneficiary and the owner of the plots. 5. The High Court Division, after hearing, discharged the Rules holding that the cases of the petitioners are based on letters of allotment and subsequent document..Category: Property Law | Date: | Hits: 34
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ......rt in Miscellaneous Appeal No. 82 of 1995 before the District Judge, Dhaka, which on transfer was heard and disposed of by the learned Additional District Judge, 4th Court, Dhaka, allowing the appeal holding, amongst others, that: "It is stated in Section 18(1) (5) that so long a tenant paid ..Category: Tenancy Law | Date: | Hits: 145
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......ssed. 5. The learned Assistant Judge on due consideration of the materials and evidence on record and the submissions of' the learned Advocates of the contesting parties dismissed the suit holding that the plaintiff failed to prove his case and that the defendant No. 3 proved her case as..Category: Property Law | Date: | Hits: 54
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