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Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)

....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ...... Judgment May 20, 2008. Result: The appeal is allowed. Income Tax Ordinance 1984, ss. 93 and 128, 165 and 166 Failure to initiate proceeding for assessment or the pendency of assessment proceeding cannot operate as a ......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)

....action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......ts filed the present leave petition. 11. Mr. Zoynul Abedin, the learned Deputy Attorney General, has argued in both the appeal and leave petition that the Government in exercise of its power under sections 7 and 11 of the Private Forests Act, 1945 took over and vested the suit land i......3) Md. Nazibar Rahman Talukder and others........Respondents (In Civil Petition No. 645 of 2001) Judgment April 4, 2007. Lawyers Involved: Zoynul Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record - For the Appellants. (In Civil Appeal......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ..

Category: Property Law | Date: | Hits: 23

Anti Corruption Commission Vs. Syed Tanveer Ahmed and another, 2008, 37 CLC (AD)

....xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ......xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ......petitioner. Rafique-ul-Huq, Senior Advocate, Ahsanul Karim Advocate with him, instructed by Mvi. Md. Wahidullah, Advocate-on-record-For the Respondents. Civil Petition for Leave to Appeal No. 1804 of 2007 (From the Order dated 13th November, 2007 passed by the High Cour......xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ..

Category: Others | Date: | Hits: 84

Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)

....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......, husband of Monowara Islam used to look-after the Hotel business on her behalf. Other floors and rooms were rented to different persons. When her husband Azizul Islam became seriously ill, a power of Attorney was executed in favour of one Abdul Alim to manage the property including the hot......d of holding No.58/A, Purana Paltan, Dhaka from the government vide registered deed No.1659 dated 6.4.1990 and was possessing the same by mutating her name in the S.A. Khatian and paying rent to the Government. Monowara Islam after taking allotment started a Restaurant named Flora Restauran......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..

Category: Criminal Law | Date: | Hits: 32

Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)

....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ...... in 24 DLR 78 it has been held been that in a case where fraud is committed upon the Court as well as upon the party, a Court has inherent jurisdiction to interfere in the matter in exercising its power vested in section 151 of the Code of Civil Procedure and similar view has also been expressed...... Kabir Chowdhury J Hyder Ali Mia (Md)..................Appellant Vs. Razia Begum and others.........Respondents Judgment February 8, 2006. Cases Referred to: Abul Khair Mia vs. Abdul Latif Sardar, 32 DLR (AD) 167; Mofazzal Molla and another vs. P......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ..

Category: Property Law | Date: | Hits: 33

KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)

....ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......ed by limitation and the suit as framed is maintainable and that the plaintiff has proved his right, title and interest in the land in suit, that from the evidence of PW 4 it is seen that the power of attorney (Exhibit 3) and the kabala dated October 16, 1988, (Exhibit 4) are genuine, that ......l Islam J KM Zahirul Haque...................Appellant Vs. Shahida Khanam and others....................Respondents Judgment May 22, 2006. Cases Referred to: 39 DLR 339; 32 DLR 75; Sufia Khanam Chowdhury vs. Faizun Nesa Chowdhury, 39 DLR (AD) 46;......ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ..

Category: Property Law | Date: | Hits: 31

Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)

....ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......e Rule as the learned advocates of both the sides were found absent; in the case of Safaruddin and others vs. Fazlul Huq and others reported in 49 DLR (AD) 151 it has been held that the revisional power of the High Court Division, being a supervisory power, may be exercised even suo motu in the......nother...............................Petitioners Vs. Syed Madassir Ali and another...............................Respondents Judgment July 16, 2006. Cases Referred to: 4 BLC (AD) 102; 2001 BLD (AD) 236; 44 DLR 242; 2003 BLD 158; Safaruddin and others vs.......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ..

Category: Trust/Waqf Law | Date: | Hits: 199

Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)

....nt denying the material averments made in the plaint and stating, inter alia, that Firoz Bhuiyan and Abu Sufian were full brothers and they used to live jointly, that Firoz Bhuiyan used to look after financial transaction of the family, that the land in suit was settled in the name of the two brothe...... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......ad Bhuiyan and others.................Appellants Vs. Abu Taher Bhuiyan and others................Respondents Judgment May 16, 2006. Result: The appeal is allowed. Cases Referred to- Munsur Ali Mallik vs. Md Nurul Haque Mallik and others, 1986 BCR (AD) 56; Dudu Mia and others...... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ..

Category: Property Law | Date: | Hits: 33

Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)

....ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ......ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ......bsp; Civil Petition for Leave to Appeal No. 1686 of 2005. (From the judgment and order dated 20.11.2005 passed by the High......ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ..

Category: Property Law | Date: | Hits: 25

Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)

.... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ......s exclusively used for the purpose of the Seed Multiplication Farm of B.A.D.C; the said pathway is a kutcha pathway which runs by the eastern boundary of the above farm on which the farm installed power pumps for supplying water to the paddy fields of the farm comprising of 45 acres of land.........Petitioner Vs. Abdul Aziz and others……..........Respondents Judgment April 9, 2006. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record -For the petitioner. ...... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ..

Category: Property Law | Date: | Hits: 19

Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)

....any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ......f has acquired permanent 'Maliki' right i.e. proprietary right upon the settled land which is heritable and transferable according to the existing law of the country and the defendants have no power, authority and jurisdiction to cancel the settlement on 19.01.1992 A.D. Lastly, the lea...... Lawyers Involved: Md. Abdul Hoque, Advocate instructed by Mahmuda Begum, Advocate-on-record-For the Petitioner. None represented-the Respondents. Civil Petition for Leave to Appeal No. 165 of 2005. (From the judgment and order 06.12.2004 passed by the High Court ......any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ..

Category: Property Law | Date: | Hits: 25

S.M. Nurul Islam Vs. Padma Oil Company Limited and others, 2006, 35 CLC (AD)

.... the respondent No.1, Padma Oil Company Limited, is a public limited company and the shares of the above company are held by Bangladesh Petroleum corporation, the respondent No.3, as well as other financial institutions, public institutions and individuals; since 2.5.1980 the petitioner was......out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ......cate-on-Record-For the Respondent. Civil Review Petition No. 09 of 2005. (From the judgment and order dated 7th July 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1621 of 2002). Judgment ......out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ..

Category: Employment/Service Law | Date: | Hits: 61

G. M. Majid Vs. Amjad Hossain Lablu and another, 2007, 36 CLC (AD)

....government from huge amount of revenue did not send the tender schedule to the office of the Deputy Commissioner and fixed the date for purchasing tender schedule on a holiday with a view to obtain financial benefit. It is further alleged that only four tenders were submitted and the accused No....... of the aforesaid criminal case. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 268. ......s Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Not Represented- For Respondent No. 2. Criminal Petition for Leave to Appeal No. 149 of 2004. (From the judgment and order dated 5.5.2004 passed by the High Court D...... of the aforesaid criminal case. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 268. ..

Category: Anti-Corruption Laws | Date: | Hits: 81

Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)

....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ......f the materials on record bona-fide and without any malice or motive. He also submits that the Police Report is not conclusive and sacrosanct to be accepted by the Magistrate but the absolute power is with the Magistrate either to accept the Police Report or to direct for fresh investi...... Haque Chowdhury, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not Represented- For the Respondents. Criminal Petition for Leave to Appeal No. 430 of 2006. (From the judgment and order dated 28.8.2006 and 29.8.2006 passed......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ..

Category: Criminal Law | Date: | Hits: 38

Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)

....y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ......riminal Procedure, if, he can make out a case of quorum non-judice of the trial Court or that the facts alleged do not constitute any criminal offence. The High Court Division may exercise inherent power to quash a proceeding or even conviction on conclusion of trial if the Court concerned g...... Khondker Mahbubuddin Ahmed, Senior Advocate, represented by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 178 of 2004. (From the judgment and order dated 17-01-2004 passed by the High ......y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ..

Category: Criminal Law | Date: | Hits: 42

Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)

.... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ......fter the war of liberation the whereabouts of Mrs. Rasheda Ashfaq could not be traced out and the house was occupied by some Unauthorised persons and that Mrs. Rasheda Ashfaq did never execute any power of attorney to Mr. A. M. M. Khan or anybody and as such he had no authority to transfer the p......vocate, with him) instructed by M. G. Bhuiyan, Advocate on-Record-For the Petitioners. A. S. M. Khalequzzaman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1621 of 2005. (From the judgment and order dated 06.07,2005 passed by the High...... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ..

Category: Property Law | Date: | Hits: 27

Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)

....igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......arrant of arrest and detention of the judgment-debtor appellant in civil prison. 4. The High Court Division upon hearing both the parties discharged the rule holding that in view of the power conferred on the Artha Rin Adalat under section 6(Ka) the provisions of section 56 of the Cod...... defendants, of them the appellant was defendant No.4, for realization of Tk. 51,93,553/- as outstanding loan. The suit was decreed ex-parte on August 16, 1990. The respondent No.2 put the decree into execution by filing Money Execution Case No.2 of 1991 and at one stage filed an application wit......igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ..

Category: Civil Law | Date: | Hits: 111

Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)

....ere is list of the Heads of Departments and the same shows that the Director of Agriculture (Extension and Management) is the Head of the department and the house building advance loans, as per the financial rules, are allowed by the Head of the Department and without his letter the District Tre......ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ...... Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioner (In both the cases). Not represented – the Respondent (In both the cases). Criminal Petition for Leave to Appeal Nos. 117-118 of 2004. (From the judgment and order dated 25.8.2003 passed by the Hi......ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ..

Category: Criminal Law | Date: | Hits: 43

Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)

....e is the list of the Heads of Departments and the same shows that the Director of Agriculture. (Extension and Management) is the Head of the Department and the house building advance loans as per the financial rules that are allowed by the Head of the Department and without his letter the District T......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......�…….Respondent Judgment March 19, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioner. Not represented – the Respondent. Criminal Petition for Leave to Appeal No.123 of 2004. (From the judgment ana order dated 25.8.2003 passed by the High Court D......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ..

Category: Anti-Corruption Laws | Date: | Hits: 81

Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)

....Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ......6. In elaborating his above point, the learned Counsel further argued that the High Court Division in revisional jurisdiction failed to exercise its discretionary power in not considering that the findings and decisions arrived at by the lower appellate Court a......ate, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Appellant. Md. Nawab Ali, Advcate-on-Record - For Respondent No. 1 (a). Not represented - Respondent Nos. 1(b) to 1(i). Civil Appeal No. 20 of 1999. (From the Judgment and Order dated 10-06-1997 passe......Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ..

Category: Property Law | Date: | Hits: 24

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