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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....ial attribute of English institutions. We may say that the Constitution is pervaded by the rule of law on the ground that the general principles of the Constitution (as for example the right to personal liberty, or the right of public meeting) are with us as the result of judicial decisions ......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....o;353. Evidence to be taken in presence of accused-Except as otherwise provided, all evidence taken under chapter XX, XXII, and XXIII shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in presence of his advocate”. 806. T...... 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. ..Category: Criminal Law | Date: | Hits: 291
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....atation charge, no irrevocable general power of attorney, no letter of guarantee and no demand promissory note to either the Sangstha or Tapashee as security for the loan Taka 70 lakh, they have no personal or contractual liability of the Dockyard (Company), the High Court Division observed:......and directed the opposite parties to deposit the amount claimed within 60 days failing which, it was further ordered that, the same would be realised by selling the schedule property and bear interest till realisation. 18. Being aggrieved by the said judgment opposi..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......etition the petitioner seeks review of the judgment and order dated 8th July, 2008 passed in Civil Appeal No.284 of 2001 dismissing the same with cost of Tk.10,000/-. 2. Short facts are that the property in question was originally allotted to one Md. Muslim who constructed a two storied build..Category: Property Law | Date: | Hits: 32
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....at it has paid 'Zakat' for the depositors or account holders as their custodian of deposits is of no merit, since payment of 'Zakat' by the account holders or depositors was individual or personal matter of the depositors and that even if the petitioner has paid any money as 'Zakat' for......relieved by individual or organised effort, but in a responsible way. In this verse, the word sadaqat refers to obligatory charity (Zakat)." 46. Zakat is an annual charge on property which remained in the possession of a person for a whole year, when its value reached a ce..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.......t Party, Manowara Islam, the respondent No.3, and one Abdul Alim were shown as Second Party while the respondent No.4, along with Nawab Ali Yar Khan and Ali Sarwar were shown as Third Party and the property which was the subject matter of the above dispute was stated to be Holding No.58/1-A, Puran..Category: Criminal Law | Date: | Hits: 62
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......een Vs. Okhoy Coomar Shaw 13 BLR 307 (FB). It was decision in 1874. In this decision a Full Bench held that a partner who dishonestly misappropriates or converts to his own use any of the partnership property with which he is entrusted or over which he has dominion is guilty of an offence under sect..Category: Criminal Law | Date: | Hits: 93
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....eal. 16. The issue arose when 29 sitting permanent Judges of the High Court Division filed leave to appeal being aggrieved by the findings of the High Court Division made against their respective personal status and positions as the learned Judges of the High Court Division, in their absence wit...... fairplay in action, justice should not only be done but must seem to be done. 30. Thus, it boils down that the principle of natural justice is to be observed in a proceeding affecting a person or property or other rights of parties concerned. Accordingly, the Court, thus, always adds rider to th..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: ......e defendant No.1 failed to repay the loan in time, as a result, the properties including machinery lying in the suit premises legally belong to defendant No.2, Islami Bank and as such, the attached property by the Court need to be released in favour of the Bank. 4. Mr. A. J. Mohammad Ali..Category: Civil Law | Date: | Hits: 110
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
.... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......at a new plea or a fact which has not been set up either in the trial Court or Appellate Court, it cannot be raised in revision. In the instant case there is a new story about the title of the suit property and the alleged existence of the decree of the civil suits have not been stated in the pl..Category: Property Law | Date: | Hits: 27
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: ...... the judgment and decree dated 10.07.1980 and when the debtor failed to pay the decretal amount, father of the plaintiffs filed Money Execution Case N9.14 of 1982 before the selfsame Court and the property of Shoshi Mohan and others was attached by the Court for open auction. The said execution ..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: ......by fire or explosive substances; i. Theft, extortion and dacoity; j. Causing disappearance of evidence of offence of murder by removing dead bodies; k. Causing explosion to endanger life and property; l. Criminal intimidation; m. Criminal conspiracy and abetment of mutiny, murder and ..Category: Constitutional Law | Date: | Hits: 289
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
.... statement as stated above the trial court fixed 04.01.1997 for framing of issue. 5. On 04.02.1997, the defendant No.1 submitted an application before the Court for an order compelling personal appearance of the plaintiffs in the Court alleging, inter alia, that the plaintiffs are fi......eed dated 03.09.1941 and 12.11.1941. The record was prepared in their name and they paid rent. After their death the other daughters Fatematuzzohra and Shakina Bewa respectively inherited the suit property. They made an oral gift on 16.09.1986 in favour of Delwar Hossain and others who transferr..Category: Civil Law | Date: | Hits: 94
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. ......on No.201 of 1995 arising out of the judgment and order dated 24.09.1984 passed in S.C.C. Suit No.195 of 1984. Both the cases are between the same parties and arises out of the common fact and same property and the High Court Division disposed of both the Rules issued in the Civil Revision Case No..Category: Tenancy Law | Date: | Hits: 145
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231....... till realization and the suit was decreed ex-parte on 28.11.1993, pursuant to which the writ-petitioner bank filed an application for drawing up of the final decree permitting sale of the mortgage property and accordingly a final decree was passed and drawn up 30.05.1994 and thereafter the writ p..Category: Banking Law | Date: | Hits: 373
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. ......ndants and that the plaintiff having lost in Miscellaneous Review Case No. 1007 84-85 has filed the instant suit knowing well that he has no ground for any success. The defendant No.3 inherited the property of Nironjan, being his mother, as per Hindu Daybhaga law of inheritance, and she is in pos..Category: Property Law | Date: | Hits: 54
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......e said compromise decree was obtained in T.S. No. 340 of 1978 by suppressing of process and by false personation, without impleding them as party though they have right, title, interest in the suit property. They learnt about the said decree on 30.01.1983. Since they were not implicated as party ..Category: Property Law | Date: | Hits: 28
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ..Category: Property Law | Date: | Hits: 57
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......lfillment of criteria as per process of evaluation. He also submits that the High Court Division committed illegality in entertaining the writ petitioners' claim of title in the acquired property on the basis of transactions subsequent to the requisition process because the original ow..Category: Property Law | Date: | Hits: 41
Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)
....e of the view that the High Court Division did not any kind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......died leaving behind his only brother Moslem Khan as his heir and successor. Thereafter Moslem Khan died leaving behind two sons Mujibor Khan and accused Rustam Ali Khan who inherited the aforesaid property in equal shares, that Mujibor Khan transferred one acre of land out of said prop..Category: Criminal Law | Date: | Hits: 57
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