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Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....itioner's acquittal; that two of the four accused namely Majibur Rahman and Abul Hossain and the petitioners from the front and other two of them from the back allegedly held the victim clasped in hand which co-accused Habibur Rahman allegedly struck a dagger blow at the right chest of the victi......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..Category: Criminal Law | Date: | Hits: 47
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....ide the judgment of the lower appellate court at least in the greater interest of doing justice. 9. Syed Badrul Alam, learned Advocate appearing for defendant respondent No. 1, on the other hand, submits that Abbas Ali Munshi got the settlement of the suit land from the Ex-Zaminder as far......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ..Category: Property Law | Date: | Hits: 35
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
.... appellant without giving him any opportunity of explaining his alleged physical incapacity. 9. Mr. Faruque Ahmed, learned Advocate-on-Record appearing for respondent No. 2 on the other hand submits that the Labour Court on consideration of both oral and documentary evidence, add......ental incapacity or continued ill health. Moreover, before exercising such authority the employer gave sufficient notice on 20.8.89 to respondent No. 2 mentioning his past record since 1986 with a note of caution that his future absence from service on the identical ground would compel the autho..Category: Employment/Service Law | Date: | Hits: 100
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....leum Ltd. and others.......... .............Respondents Judgment April 22, 2001. Case Referred to: A.F.M. Kutubudowala Vs. Hafez Muhammad Sadeq, 11 DLR (SC) 401. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, (S. M. Munir and Mrs. Tania Amir, Advocate with him) ins...... that this notice is a notice under section 106 of the Transfer of Property Act where in there cannot be any ground for eviction of the contesting defendants. One peculiar aspect of the matter may be noted here that notice exhibit 2 issued by Motwalli cannot be constructed a notice of attornment not..Category: Tenancy Law | Date: | Hits: 149
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....s clear finding that the property legally vested in the Government as an abandoned property. 7. Mr. Ozair Farooq the learned Advocate for respondent No. 3, Showkat Jong Hasmi, on the other hand, submitted that the property in question is not an abandoned property within the meaning of P.......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....ase to case according to the fact and circumstances of each case (42 DLR(AD) 119 and 35 DLR (AD) (388). 9. Dr. Rafiqur Rahman, the learned Counsel appearing for the respondent tenant, on the other hand, submits that since the amount of money being Tk. 5000/- paid by the defendant to the plaintiff......mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408...Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....ar payment of outstanding dues will be disposed of after the final decision by the Commerce Ministry. On the outstanding given by the writ respondents regarding his arrear pay, the writ petitioner handed over charge to the Economic Counselor of the Bangladesh Embassy in Rome on 6.7.1989 and 7.7.......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ers being the workers of a Corporation were not entitled to invoke the writ jurisdiction where the matter of disputes were to be dealt with and disposed of the Labour Court. 7. On the other hand Mr. Mahbubur Rahman, learned counsel appearing for the writ petitioners-employee-respondents, ......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ..Category: Employment/Service Law | Date: | Hits: 66
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....on of Sub-Section 2 of Section 7 of the Act within time and in accordance with law. 3. Mr. Sharifuddin Chaklader, learned Advocate appearing for the plaintiff respondent No. 1, on the other hand, submits that the impugned decree was passed on 29.1.96 and the decree was signed by the trial...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..Category: Civil Law | Date: | Hits: 87
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....unity. It is therefore difficult to say that the conduct of the respondents was such that the appellant deserves a differential treatment. On going through the said Concise Statement, on the other hand, our view is otherwise. The conduct of the appellant himself appears to depressing. He pa......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ..Category: Administrative Law | Date: | Hits: 124
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....n law in the interfering with the finding of the Court below in second appeal. ………………………(17) The Evidence Act, 1872 (I of 1872) Court itself is competent to compare a disputed handwriting or signature of a person with his admitted writing or signature to come to a conclusion......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172...Category: Property Law | Date: | Hits: 40
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....Nos.141 to 145 in which the names of some bargaders of Golam Rahman were recorded. Plaintiffs' case is that by eight barga-kabuliyats those bargaders cultivated the lands for fixed periods and then handed over possession to Golam Rahman, Abdul Gani Mir, predecessor-in-interest of defendants Nos. ......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....d as such she is not entitled to get benefit of section 14…………..(12) Cases Referred to- Fatema Bibi and another Vs. Choto Khuku and others, 53 CWN, 159; Sati Prashad Ganga Vs. Gahindra Chandra Shaha, AIR 1929, Cal. 325; Drupadi Vs Hiralal, ILR All. XXXIV (1912) 196; Sati Prashad Ganga,......, and to the extent to which, they are not expressly excluded by such special law; and (b) The remaining provisions of this Act shall not apply.” Section 3, it is to be noted, provides for dismissal of a suit, appeal or application, when it is instituted, preferred o..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....914 Calcutta at page 972 and AIR 1925; Harendra Lal Chowdhury vs. Haridashi Devi 41 IA. 110; Gorukhpur Vs. Ram Swidar Mal 61, I.A. 286; Pahaladi vs. Musammat Laraiti 41 All. 22;Biswanaih vs. Chandra Narayan Chowdhury's case 48 Indian Appeal 127; Hari Ram Vs Sheodiul Ram 16 I.A.12; Nurunness......e validity of registration on the ground that the property did not exist or was fictitious or insignificant or was not intended to be conveyed and the registration was invalid. It may be noted in 16 I.A.112 the property was insignificant but registration was valid. Then clause (b) prov..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....pellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Ebadullah Bepari…………………………..Appellant Vs. Nikhil Chandra Das ............................Respondent Judgment April 30, 1985. The Small Cau......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
.... on the ground and died almost instantaneously. Prosecution witnesses saw the occurrence and rushed to the place of occurrence when the accused fled away to the north with blood stained dagger in his hand. P.Ws. Md. Yusuf, Shah Alam, Nurul Huda, Abul Bashar ultimately apprehended the accused near ......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....tion work, namely, the Feni Regulator, under the Muhuri Irrigation Project requiring the expenditure of nearly. Taka 15 crores, misunderstanding cropped up between the managing partner on the one hand and the remaining partners, Jon the other hand who, as it appears, were led, by the younger bro......to depart from its previous decision. In this connection the learned Counsel referred to the following statement delivered by Lord Gardiner LC on behalf of the House of Lords which is reported in the note portion in (1966) 3 All England Reports p.77: "Their Lordships regard the use of precedent (..Category: Constitutional Law | Date: | Hits: 149
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
.... the authority to deposit additional earnest money respondent No.1 deposited Tk. 5,75j840/- along with all other papers required by the authority for issuing the necessary work orders. On the other hand appellant has not suffered any pecuniary loss so far since she did not-Spend any sum of ......ng you industrial oil and all grades of lubricant for marketing depending on the availability of product. However, we expect you will represent us quite adequately in the market. Please note that all supplies will be made to you against per-payment by DD or Pay Order drawn on banks o..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....ith the official file of the suit property in question to show their bonafide in the matter. Had it been filed we could at least see the genuineness of the claim of the respondent No. 1. On the other hand, the papers and documents filed by the petitioner as referred to in Annexure discussed above le...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
.... Commissioner of Income Tax, Dhaka North Zone, Dhaka……………Respondent all cases. Judgment July 16, 1984. Cases Referred To- Sarupchand vs. Commissioner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Paki......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
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