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Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)

....oper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in:   ..

Category: Civil Law | Date: | Hits: 88

Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)

....ontract, preferred Other Class Appeal No.31 of 2006 challenging the above exparte decree and, after hearing, the learned Additional District Judge, Thakurgaon, by judgment and decree dated 5.7.2007 dismissed the appeal. Thereafter the petitioners moved the High Court Division and obtained Rule in..

Category: Property Law | Date: | Hits: 28

Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)

....in favour of Nurjahan Begum by patta 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..

Category: Property Law | Date: | Hits: 35

Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One

....th Reference so far it related to four of the present appellants and 4 others with a modification of the mode of execution of sentence of death and thereby accepted the Death Reference in part and dismissed the conviction and sentence so far it related to 5 accuseds including appellant Mohiuddin..

Category: Criminal Law | Date: | Hits: 310

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three

....hriar Rashid Khan (Retd), Criminal Appeal No. 2613 of 1998 filed by the appellant Major Md. Bazlul Huda and Criminal Appeal No. 2616 of 1998 filed by the appellant Lt. Col. Syed Farook Rahman were dismissed. Convictions of the aforesaid 9 (nine) condemned convicts including the aforesaid four ap..

Category: Criminal Law | Date: | Hits: 229

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four

.... Supreme Court of India held-  “In view of the fact that the State appeal against the acquittal of Bhagat Ram for offences under Sections 120B, 218, 347 and 389 IPC had been dismissed by the Division Bench, it was, in our opinion, not permissible for the third judge to ..

Category: Criminal Law | Date: | Hits: 208

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five

....tion, there was a perfectly fair direction and nothing was said by the Judge-Advocate which could have misled the court martial. Therefore, on all these grounds the appeals should, we think, be dismissed.”   659. This case is quite distinguishable in view of the obse..

Category: Criminal Law | Date: | Hits: 228

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six

....his witness so far as it relates to the incriminating portion about his participation in the night parade and his identification remain uncontroverted. 774. Admittedly this appellant was a dismissed / released officer from the army and he was not supposed to remain present at the army&rs..

Category: Criminal Law | Date: | Hits: 291

Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)

....n paying rent to the revenue department. It was also the plea of the defendants that the land of both the sched­ules claimed by the plaintiff is unspecified and unidentifiable. 6. The trial Court dismissed the suit on the finding that the land described in the deed of gift Ext.2 and the land des..

Category: Tenancy Law | Date: | Hits: 176

Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)

....y the kabala from Shamsuddin and Atarjan. 6. In the aforesaid facts and circumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ..

Category: Property Law | Date: | Hits: 22

Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)

....Division in appeal.  They lost in the appeal and thereafter preferred, by leave, Civil Appeal No.37 of 1985 before the Appellate Division. By Judgment and order dated 14-7-1986, this Division dismissed the appeal and held that in terms of Article 33(1) read with the definition of "Loa..

Category: Business or Commercial Law | Date: | Hits: 311

State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)

.... nexus with the alleged occurrence. 21. In such view of the matter the judgment of 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. ..

Category: Criminal Law | Date: | Hits: 63

Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)

....ness as part of its commercial expedien­cy generating income/profit/revenue, and, as such,, the said expenditure falls under section 29(1)(XXVII) of the Ordinance". 8. This Division dismissed the said Petitions for Leave to Appeal upon observing "we are of the view that 'Zak..

Category: Fiscal/Taxation Law | Date: | Hits: 145

Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)

....e jote and allowed the pre-emption vide Judgment and Order dated 17.10.2001. 6. The pre-emptee purchaser took an appeal therefrom. The appellate court affirmed the decision of the trial court and dismissed the Miscellaneous Appeal No.34 of 2001, vide judgment and order dated 23.06.2005. 7. Be..

Category: Property Law | Date: | Hits: 37

M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)

....of the contract. The dispute between the parties 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 conteste..

Category: Civil Law | Date: | Hits: 110

Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)

.....03.1998 and also by a registered kabala dated 07.12.1998 and got possession of the suit land and that the plaintiff has never any possession or title in the suit land and the suit is liable to be dismissed. 4. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner s..

Category: Property Law | Date: | Hits: 29

Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)

....th Noor Mohammad who sold the said land on 26.11.1986 to his daughter Zobeda Khatoon that on 27.05.1987 the plaintiff sold the suit land to defendant No.3 who resides there the suit is liable to be dismissed. 4. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner s..

Category: Property Law | Date: | Hits: 27

Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)

....eference and to deliver the vacant possession to the writ petitioner making the Rule absolute. 7. We 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: &nb..

Category: Property Law | Date: | Hits: 25

Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)

....y to grab the Government vested property. 7. In view of the 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: ..

Category: Property Law | Date: | Hits: 51

Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)

....and the pre-emptor purchased land from the case jote, which is Settlement Plot No. 103. 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. ..

Category: Property Law | Date: | Hits: 38