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Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ...... ...... of breach of peace concerning the case land. 6. During trial the first party examined 3(three) witnesses while the second party examined 2(two) witnesses and both parties also adduced documentary evidence to substantiate their respective cases. The trial Court hearing the parties and assessing t..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....n under section 66(2) of the Income Tax Act by the appellant in each of the said cases for answering the following two questions which were stated by him to be questions of law: 1. "Whether on the facts and in the circumstances of the case the Tribunal is justified in holding that the assesse......o costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....ed on or prior to 5-2-1974 the appellants can be tried by the Special Tribunal under the Special Powers Act (Act XIV of 1974 hereinafter called the Act) which came into force on 9-2-1974. 2. The facts are that a Sub-Inspector of Police named Abdur Razzaque, attached to Police Station Kotwali,...... Case is also Reported in: 30 DLR (AD) (1978) 112.......ere committed. The investigation into a case by the police resulting in submission of a charge-sheet does not create any offence. The investigation by the police is for the purpose of collection of evidence in support of the offence or offences alleged to have been committed on a certain date by a..Category: Criminal Law | Date: | Hits: 76
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
.... Petition for leave to appeal has been directed against the judgment and order dated 18.03.2009 passed by the High Court Division in Civil Revision No.4273 of 1997 making the rule absolute. 2. The facts necessary for disposal of this civil petition for leave to appeal, in short, are as follows:- ......J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sattyendra Sutradhar........................................Petitioner Vs. Md. Zillu Miah and others...................................Respondents Order February 20, 2012. Result: ......nd and as such the pre-emption case was not maintainable at all. 6. The contesting parties examined several witnesses in order to prove their respective cases. The trial court, on consideration of evidence adduced by the parties, rejected the pre-emption case holding that the transfer was an exch..Category: Property Law | Date: | Hits: 93
....e judgment and order dated 23.08.2009 passed by the High Court Division in Writ Petition Nos.8289 of 2008, 9585 of 2008, 92 of 2009 and 1224 of 2009.)
Order
Nazmun Ara Sultana J.- Since similar facts and same questions of law are involved in all these four Civil Petitions for Leave to Appeal t......
Muhammad Imman Ali J
Muhammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Government of Bangladesh, represented by Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others...........................Petitioners (In all the cases)
Vs.
G. M. M. Mizanuar Rahm...... file concise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready.
Ed.
This Case is also Reported in: 9 ADC (2012) 381...
Category: Employment/Service Law | Date: | Hits: 133
Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)
....not exercise power to determine the share of any co-sharers, this power is only of the court. The court, on hearing the parties, examining their respective title deeds and on consideration of all facts and circumstances can determine the shares of different co-sharers and the advocate commission......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sona Miah and others..............................................Petitioners Vs. Abed Ali and others......... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377...Category: Property Law | Date: | Hits: 84
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
....ment and order dated 19.07.2009 passed by a Single Bench of the High Court Division disposing of three Civil Revision Nos.1499 of 2004, 2316 of 2007 and 2047 of 2007 analogously. 2. The relevant facts necessary for disposal of these civil petitions for leave to appeal, in short, are as follow......ision (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Hanifuddin and another..................Petitioners (In Civil Petition No. 2512 of 2009) Hajee Abdul Majid........ has no right, title and possession in the suit land. That the suit land has been rightly and legally leased out to different persons by the government. 4. The trial court, on consideration of the evidence adduced by all the contesting parties, and the facts and circumstances dismissed that Other..Category: Property Law | Date: | Hits: 68
....t the impugned order of termination as contained in memo No. AD M/S FC/P-1181/758 dated 29.03.2004 (Annexure-C to the writ petition) to be without lawful authority and of no legal effect.
2. The facts of the case, in brief, are that the writ petitioner, respondent herein, joined Bangladesh Suga......
ABM Khairul Haque CJ
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Md. Abdul Wahhah Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Bangladesh Sugar and Food Industries Corporation and others....................Petitioners
Vs.
Md. Shamsuddin S...... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal.
Ed.
This Case is also Reported in: 9 ADC (2012) 368...
Category: Employment/Service Law | Date: | Hits: 180
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....gs, the trial Court discussed the case of Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233, and relied on Abu Bakar Vs. Nazir Ahmed, 34 DLR (AD) 237. In the latter case under similar facts and circumstances, provisions of section 95 and 95A of the State Acquisition and Tenancy Act w...... Ed. This Case is also Reported in: ......whether the order dated 9.12.1982 passed by the Circle Officer (Revenue) was illegal. In order to prove their respective cases, the substituted plaintiffs examined one witness as P.W.1 and adduced in evidence the registered deed of reconveyance dated 29.8.1949 as exhibit-1. The defendants also exami..Category: Property Law | Date: | Hits: 87
....f the third party-petitioners, who purchased a portion of the suit land during pendency of the suit, cannot be affected only on the ground that they had come at a belated stage.
7. Considering the facts and circumstances of the present case, we think it would be just and proper, if the applicatio......- I agree.
Ed.
This Case is also Reported in:
......ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Procedural Law | Date: | Hits: 77
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
.... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......nicate a copy of the judgment. Ed. This Case is also Reported in: ......tep for himself as well as for other defendants, of whom he was the tadbirker. They examined two witnesses and clearly proved the miscellaneous case, but the Courts below without proper assessment of evidence rejected the miscellaneous case and dismissed the appeal. 7. I have gone through the jud..Category: Procedural Law | Date: | Hits: 74
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....adjudication of an issue which was already framed and decided on evidence. The impugned judgment and decree of the lower appellate Court, therefore, do not appear to be legally sustainable. Under the facts and circumstances of the present case, it would be just and proper, if the appeal is remanded ...... lower Courts’ records. Ed. This Case is also Reported in: ......decree for partition, and (8) what other reliefs they were entitled to. 5. In order to prove their case, the plaintiffs examined six witnesses including plaintiff No.1 and adduced some documentary evidence in support of their case. On the other hand, the defendants examined two witnesses includin..Category: Property Law | Date: | Hits: 66
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
.... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......also Reported in: ......h for more than six months. (9) Re-exportation of temporarily imported goods shall be guided by usual export formalities and after completion of the export of the goods, the importer shall produce evidence to the Collector of Customs who shall cause cancellation of the guarantee or undertaking, a..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
.... any future employed of the probationer. In such a case, the order of termination would stand vitiated on the ground that on regular enquiry was conducted. We shall presently consider whether, on the facts of the case before us, the documents referred to in the impugned order contain any stigma. ...... Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Health and Family Welfare and others…………Appellants Vs. Md. Salim Reza……………………......yees have been virtually dismissed from their services and the said order was passed without any legal formalities and the impugned inquiry is partial, mala fide, based on imagination and without any evidence and the respondent was not given any opportunity of being heard against the imaginary, mala..Category: Employment/Service Law | Date: | Hits: 155
....d out its entire assets to the defendant No.1 and 2 of the instant suit (appellants) and they stepped into the shoes of M/S Imperial commercial Industries. From the evidence of PW1 we find that those facts have been admitted by the PW1. The PW1 has also admitted in his examination in chief that the ......n J. - I agree.
Ed.
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......ity to withdraw money from HRC Case No. 224 of 1983?
5) Whether the plaintiff is entitled to get a decree as prayed for?
Both the parties examined witness and their documents were admitted into evidence.
6. The learned Sub-ordinate Judge by the impugned judgment and decree dated 02.11.1996 ..
Category: Property Law | Date: | Hits: 113
....in the suit on 9.7.2005. Thereafter they filed an additional written statement incorporating the ultimate result of Title Suit No. 33 of 2000 (renumbered as Title Suit No. 258 of 1997) and some other facts, which according to them, were necessary for effective disposal of the suit and also for bette......
This Case is also Reported in:
......t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......nd down the lower Courts’ records. Ed. This Case is also Reported in: ......990; whether the plaintiff was entitled to get a decree as prayed for, and what other relief he was entitled to. 6. The plaintiff, in order to prove his case, examined six witnesses and adduced in evidence the alleged sale agreement as exhibit-1. On the other hand, defendant No.1 examined three w..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
...., relied upon a decision of this Court in the case of Anwara Begum Vs. Nurjahan, 27 DLR (AD) 109. From the reported decision it appears that similar question was under consideration on almost similar facts. Two applications under section 26F of the Bengal Tenancy Act were filed in the Court of the M......nt: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Basiruddin………………Appellant Vs. Zahurul Islam Chowdhury and another…………………Respondents Judgment December 14, 1982. Result: The appe......s, occupancy raiyat, non-occupancy-raiyat, under raiyat etc. There is nothing in rule 18, which requires the Revenue-officer to record the under-raiyat as the upgraded raiyat in the Khatian. It is in evidence that the S. A. Khatian was prepared by the Revenue-officer under the State Acquisition and ..Category: Property Law | Date: | Hits: 85
Syed Selim Ahmed Vs. Apparel World (Pvt.) Ltd. and another, 2011, 40 CLC (HCD)
....rt with the instant first miscellaneous appeal, but still he fails to show his diligence in pursuing the matter. He also fails to produce any document in support of his stay in U.S.A. 7. Under the facts and circumstances, it does not appear that the learned Joint District Judge committed any ille......(Civil Appellate Jurisdiction) Present: Faruque Ahmed J Md. Ruhul Quddus J Syed Selim Ahmed……………………………………………Appellant Vs. Apparel World (Pvt.) Ltd. and another……………Respondents Judgment October 27, 2011. Result: The First Misce......sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 119
Wali Ullah Vs. Shaheda Begum and others, 2011, 40 CLC (HCD)
....ropriation has been made out. On an application filed by the plaintiffs, the trial Court appointed a receiver for collection of rents, to keep proper account and deposit the same in the Court. In the facts and circumstances of the case, I do not find any illegality in the impugned order. In the r......rt High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Wali Ullah…………………………………………………Petitioner Vs. Shaheda Begum and others………………………Opposite Parties Judgment March 14, 2011. Result: T......ged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 130
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