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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......7 and Civil Appeal No.19 of 1997 respectively, and this Division affirmed the judgment and order passed by the High Court Division in the Writ Petitions scrapping the Indemnity Ordinance,1975 and upholding the Indemnity Repeal Act being Act No.21 of 1996 (Ref: 49 DLR 133 and 18 BLD (AD)155). The..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ...... learned Judges of the Division Bench equally differed in their opinion. Consequently, the matter was laid before the third learned Judge. The third learned Judge concurring with on of the judge upholding the acquittal of one of the appellants and set aside the acquittal of one accused. The Supr..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....sbelieved her as well. I failed to understand why the learned counsel has referred this decision. In that case it has been observed: “In a criminal trial determination of a disputed fact is the main task before the Court and such determination is depended upon considerat......us Ali, Col. Moshiud Doula and Col. Mahmudul Hasan purposely as they would have been unfavourable to the prosecution and therefore, an adverse inference may be drawn against the prosecution for withholding those vital witnesses. Learned counsel further contends that the allegation that Major Moh..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....ent receipt of 1975 found the same erased or in other words tampered and the other two rent receipts relates to the period subsequent to the year of dispossession as claimed by the plaintiff. The undisputed position is that R.S. and P.S. records stand in the name of the Sitakunda Mela Committee an......f their being in possession since they failed to produce any evidence either oral and documentary to establish their possession since 1947 or thereafter, that the appellate Court was quite correct in holding that the Ext. C and the Ext. D (B.S. parcha) do not create any title in favour of the defend..Category: Tenancy Law | Date: | Hits: 176
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....n and other connected papers. 5. It appears that by the kabala in favour of plaintiffs' predecessor 1.20 acres of land was transferred by way of sale and the possession of plaintiffs was not disputed and accordingly the High Court Division held that the plaintiffs arc entitled to get a dec......ircumstances, 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)
....aka, was renumbered as Misc. Case No.13 of 1984, for realisation of its dues amounting to Taka 68.46 lakh including compensation. In that proceeding Tapashee Shipping Lines Ltd., to which the disputed loan was granted, was made opposite party No.1 and its directors were made opposite p......ubmission that the High Court Division erred in overlooking the liability of the Tapashee Group to repay the loan in terms of the loan agreement Exhibit-1 thus attracting Article 33 and in not holding that they in any case came squarely within the ambit of the said Article 33. 23. The..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....t were considered while hearing the appeal. Moreover, it was found that the writ petitioner committed fraud and fraud vitiated everything and the writ petitioner hopelessly failed to prove that the disputed property is not abandoned property and did not vest in the Government. In the circumst......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. ..Category: Property Law | Date: | Hits: 32
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....f 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. ......nal report against which the informant filed a naraji petition. The learned Magistrate allowed the naraji petition and directed further investigation of the case by C.I.D. Accordingly C.I.D. after holding further investigation submitted charge sheet against eighteen accused persons. The case was..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......ication Nos. 31 of 2000, 32 of 2000 and 24 of 1997 answering the question in the first two reference cases in the affirmative and in the last mentioned reference case in the negative and thereby upholding the order of the Taxes Appellate Tribunal dated February 14, 2000 and September 4,1995 affi..Category: Fiscal/Taxation Law | Date: | Hits: 145
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
...., on the east Holding No.59/1 Purana Paltan and on the west Holding No.58/1-A. Purana Paltan, and in the said report conclusion was made to the effect that the respondent No.3 was the claimant of the disputed Holding No.58/1-A Purana Paltan and the respondent No.4 was the claimant of Holding Nos.59 ......iven 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 respondent No.4. 2. Facts, in..Category: Criminal Law | Date: | Hits: 62
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....ow about the transfer in question. 13. There is another aspect of the case. Both the Courts bellow arrived at a concurrent finding that the pre-emptee was not a co-sharer in the tenancy. It is not disputed that Afsaruddin (father of the pre-emptor and pre-emptee) had become co-sharer in the tenan......er has come to this Court obtained the present Rule. 8. Mr. Md. Golam Mostafa, the learned Advocate appearing for the pre-emptee-petitioner submits that the appellate Court below acted wrongly in holding that the pre-emptee purchaser is not a co-sharer in the tenancy and thereby illegally affirm..Category: Property Law | Date: | Hits: 37
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... Principal of Rangunia College, Chittagong as per notification dated 02.04.2003 without annexing any documentary evidence in supplementary affidavit which is not a admitted fact thus it is a disputed question of fact so it can not be decided under article 102 of the constitution in Writ Ju...... 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)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ...... as to their standing to maintain the said petition. I could not persuade myself to agree on the views expressing lack of their standing to maintain the leave petition passed by my brother, Matin, J, holding- “This follows that the High Court Division is a unit of this Court with a co-ordinate..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: ......y the Court need to be released in favour of the Bank. 4. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the petitioner submitted that the High Court Division committed an error in holding that the suit is not barred by limitation in view of continuous default in payment of rent ..Category: Civil Law | Date: | Hits: 110
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......d husband of Chandra Bhanu sold some land to one Abdul Motiob by a registered kabala dated 01.10.1965 exhibit-2; that by exhibit-2 and 2(a) the present defendant No.1 became a co-sharer in the suit holding. It appears that the trial Court who granted a decree recorded no finding that the plainti..Category: Property Law | Date: | Hits: 29
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: ...... a report of compliance as well. The learned Advocate further submitted that the High Court Division ought not to have recalled his earlier judgment and order dated 25.04.2006 discharging the Rule holding that the suit itself is maintainable on question of benamdar. 5. It appears from th..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: ......rt Bar Association Mr. A.F.M. Mesbahuddin expressed their view in favour of the reference submitting that reference is maintainable but their view, with the exception of Mr. Khandker Mahabuddin Ahmed holding the view that the Army Act can be made applicable by issuing the notification under section ..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. 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. ......urt, Mymensingh, who on consideration of the materials and evidence on record allowed the appeal setting aside the judgment and order passed by the trial Court and thereby rejected the pre-emption holding that the Miscellaneous Case was bad for defect of parties and the pre-emptor failed to prov..Category: Property Law | Date: | Hits: 38
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....ing house therein whereas in their affidavits-in-opposition the Government contended that the concerned plots are still vacant and possession of the same was never handed over to any body and thus disputed questions of facts having been raised, the Court sitting in writ jurisdiction, will n......s of attorney are benami transactions and between the two, the attornies are the real beneficiary and the owner of the plots. 5. The High Court Division, after hearing, discharged the Rules holding that the cases of the petitioners are based on letters of allotment and subsequent document..Category: Property Law | Date: | Hits: 34
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. ......rt in Miscellaneous Appeal No. 82 of 1995 before the District Judge, Dhaka, which on transfer was heard and disposed of by the learned Additional District Judge, 4th Court, Dhaka, allowing the appeal holding, amongst others, that: "It is stated in Section 18(1) (5) that so long a tenant paid ..Category: Tenancy Law | Date: | Hits: 145
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