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Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....Zohara Khatun and other…...................Appellants (In Civil Appeal No.127 of 2001) Ahasanuzzaman and others…................Appellants (In Civil Appeal No.128 of 2001) Vs. Sitakundu Chandra Nath Chatuspaty Tole and others….......Respondents (In all the appeals) Judgment Apr......C and the other materials as well as the evidence, both oral and documentary correctly held that defendant failed to prove their basis of possession and continuation of possession thereafter as was noted in Ext. C. since the plaintiffs by reliable evidence proved their possession since January 196..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
.... concluded between Tapashee and the Sangstha on 31-5-1980. 4. Further case is that on 28-9-1980 a tripartite contract was entered into between the Sangstha and Tapashee on the one hand as "Purchaser" and the opposite party No. 6, Dira Dockyard and Engineers Limited, a ......ectors of the Dockyard having furnished no letter of hypothecation, no mortgage deed of floatation 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 persona..Category: Business or Commercial Law | Date: | Hits: 311
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....and needy, and for the cognate purposes specified in the next verse but one: Zakat is the regular and obligatory charity in an organised Muslim community, usually 2½ per cent, of merchandise and 10 per cent, on the fruits of the earth. There is a vast body of literature on this su...... remain with the person concerned for one complete year, 8. The wealth must be 'Sayema' that is the wealth increases in value. 25. In this connection it is to be noted that Zakat is one of the five basic Pillars of Islam and these are binding and obligatory on ..Category: Fiscal/Taxation Law | Date: | Hits: 145
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....e relates to the direction given 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 resp......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...Category: Criminal Law | Date: | Hits: 62
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....nt July 31, 2008. Result: The Rule is made absolute. Cases Referred to- 35 DLR (AD) 54, 60 DLR 270 & 35 DLR 238. Lawyers Involved: Md. Golam Mostafa with A.K.M. Rezaul Karim Khandaker, Advocates-For the Pre-emptee-Petitioner. Humayun Kabir Sikder, Advocate-Opposite party ......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. ..Category: Property Law | Date: | Hits: 37
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....; hvB‡Z cv‡i hw` Aa¨¶ c` cÖv_©x Gg, wdj/ W±‡iU wWMªxi AwaKvix nb|" 21. In the other hand the petitioner has claimed his appointment as Principal as per notification No. Sha:11/6(2)/20...... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....am Azam 46DLR (AD) 199, Kazi Muklesur Rahman Vs. Bangladesh 26DLR (SC) 44; Dr. Mohiuddin Farooque Vs. Bangladesh 49 DLR (AD) 1, Registrar of University of Dhaka Vs. Zakir Ahmed 16 DLR SC 722, Sankar Chand’s case, AIR 1977 S.C. 2328, Reference re-amendment of Constitution of Canada, 123 DLR(3rd)1,8......nstitution and the laws of Bangladesh: And that I will do right to all manner of people according to law, without fear or favour, affection or ill-will.” 19. From the above, it is very clear to note that the said provision of taking oath as provided under Article 148(1) in accordance with the ..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....rties could be solved through arbitration, but the plaintiff without following the said terms of contract instituted the false suit which is liable to be dismissed as also time barred. On the other hand the added defendant No.2 Islami Bank also contested the suit contending that the defendant No...... 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: ..Category: Civil Law | Date: | Hits: 110
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....t and as per terms and conditions as agreed upon and on receipt of the payment of the entire consideration amount the Government executed and registered the formal lease deed on 07.11.1969, though handed over the physical possession of only 49.83 acres of land out of 60 acres leased out land to ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 25
Special Reference No.1 of 2009, 38 CLC (AD)
.... by Article 45 of the Constitution immunizing such law from any limitations and restrictions under Articles 27, 31 and 35 of the Constitution. 8. Mr. Rafiq-ul-Huq, the learned Counsel on the other hand expressed almost the same opinion as that of Mr. Khan submitting that in view of the nature of ......a limited purpose, such as, proceedings related to the offence of ‘seduction’ and for no other purpose. He can be tried for the offence of seduction alone and not for any other offence. It may be noted that paragraph 8 of the reference, although spells out nearly two dozen offences but not the o..Category: Constitutional Law | Date: | Hits: 289
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....Respondent Judgment July 5, 2009. Cases Referred To- Rameshwar Dayal vs. State of U. P. AIR. 1978 S.C. 1558; Surjan Vs. State of Rajasthan AIR 1956 SC 425; Bangladesh (State) Vs. Paran Chandra Baroi BCR 1986 (AD) 225. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instruct......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...Category: Criminal Law | Date: | Hits: 60
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
.... Fazle Kader Siddique ........................Petitioner (In Civil Petition No. 437 of 2005) Mohammad Shah Newaz ..................Petitioner (In Civil Petition No. 438 of 2005) Khandakar Mahfuzul Huq...................Petitioner (In Civil Petition No. 439 of 2005) Roksa......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. ..Category: Property Law | Date: | Hits: 34
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
....ce of vacating the order of arrest in Admiralty Suit No.278 of 2005 had addressed some issues, it is the view of the High Court Division that issues in the facts and circumstances of the matter at hand substantiate the defendants' claim as to the error evident in the order of arrest dated 10-7-2...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
.... Karim. While witness Noor Soleman came forward to rescue the victim, the accused Gaznabi struck on his head with lathi and also the right arm. Accused Mozibul Haque and Ruhul Amin broke his right hand. Accused Azad and Masod caused injury on the finger of his left hand by lathi blow. Accused Az......Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ..Category: Criminal Law | Date: | Hits: 50
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
.... Vs. Dr. Mahfuzul Haque and another..........Respondents Judgment August 19, 2008. Lawyers Involved: Sayed Aminul Islam, senior Advocate, instructed by Bivash Chandra Biswash, Advocte-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For r......; 3. The learned counsel for the petitioner submits that the Exhibit-T, if read with the deposition of P.W. 4 and the office note of the office of the Registrar of the Joint Stock Companies, will clearly show that the charge..Category: Criminal Law | Date: | Hits: 44
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)
..... Defendant-petitioners Vs. Nur Box Howlader and others…....................Plaintiff-respondents Judgment August 5, 2008. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ..Category: Property Law | Date: | Hits: 24
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
....n and also for permanent injunction in respect of 2nd schedule land within the 1st schedule property of the plaint asserting, inter alia, that the suit schedule land originally belonged to Koilash Chandra Dey and others, that by amicable partition Alangamohan Deb Nath became the absolute owner of...... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ..Category: Property Law | Date: | Hits: 25
Syedur Rahman Chowdhury Vs. Monowara Begum and others, 2008, 37 CLC (AD)
....tioner herein could not make out any case of review in this application. Accordingly, the review petition is rejected. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 576. ......he petitioners would have taken steps and now allowing of appeal in their absence they have been seriously prejudiced. The learned Counsel finally submitted that the High Court Division took note of the infirmity of the judgment of Court of Appeal below to the effect that conclusion drawn..Category: Property Law | Date: | Hits: 26
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
.... so it was accepted by the Government of Bangladesh and eventually executed sale deed No. 338 dated 8.6.1990 in favour of the plaintiff. The Government evicted some occupants by way of eviction and handed over the same to the plaintiff. The defendant Nos.1-2 were in occupation of two rooms on th...... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569...Category: Property Law | Date: | Hits: 28
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....at accordingly, the plaintiffs and the defendant No. 12-14 entered into an agreement for sale on 03.07.1998 on receipt of TK.2,00,000.00 as earnests money and that possession of land was handed over to the plaintiff-petitioners on the same day where the plaintiff-petitioners are living......e 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: VI ADC (2009) 558. ..Category: Property Law | Date: | Hits: 25
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