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Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....d. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......s already noticed, the High Court Division refused to quash the proceeding pending against the appellants by the impugned order. Leave was granted to consider whether the High Court Division took a proper view of the facts and law involved in the case in rejecting the prayer for quashing of the pr..Category: Criminal Law | Date: | Hits: 59
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Al-haj Ahmed Hossain Khan.......……………………………....Appellant Vs. Rezaur Rahman and others....................................Respondents Judgment January 22, 1990. Resu......t he stated that by his registered reply dated 22.11.73 he clearly stated that there was nothing anywhere in any manner as to the involvement of defendant No.1 in the mailer of agreeing to sell her properly or to take earnest money. He suited that the appellant approached him on a number of occa..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....in J Mohammad Fazlul Karim J M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The State......................Petitioner Vs Mofizuddin and other………………….Respondents Judgment ......riod permitted by law. The High Court Division has rightly held that the confessional statement of accused Mafizuddin is not true and voluntary. 10. In our view, the High Court Division upon proper and correct assessment of the materials on record arrived at a correct decision and there is..Category: Criminal Law | Date: | Hits: 40
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....t: Mohammad Fazlul Karim J. –The Secretary. Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka along with others seek leave to appeal against the j...... 1995-96, 1996-97 and 1997-98 under the self assessment scheme under section 83(A) of the Income Tax Ordinance, 1984 and paid tax as per statement. The petitioner asserted that he transferred some property in the year 1992-93 and 1993-94 by registered sale deeds for Tk.25,000/- on 2.3.92 and som..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n-Record- For Respondent Nos. 1-3. Not Represented- Respondent No.4. Civil Appeal No. 207 of 2000 Judgment M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No.......on and the suit land was wrongly recorded in the names of defendant No. 1 and his mother Gafuran Nessa. Their further case is that Gafuran Nessa and her heirs have no title and possession in the suit property. The wrong recording of the suit land in the name of defendant No. 1 clouded the title of t..Category: Property Law | Date: | Hits: 26
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....missed. Ed. ......No. 4 of 1996 decreeing the suit. 2.The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that the suit property belonged to Messers Kaknorak Company which used to deal in Jute and in the matter of cons..Category: Property Law | Date: | Hits: 40
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd………………………………….…....Petitioner Vs. Bangladesh Shilpa Bank and others.....................................Respondents Judgment May 21, 1990. Result: ......es of the Bank provided the conditions mentioned in the opening clauses of the respective Articles are satisfied. The management and administration of the industrial concern may be taken over and the property pledged/ mortgaged may be sold for realisation of the claims and dues of the Bank both unde..Category: Banking Law | Date: | Hits: 117
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an application. In case of ‘proclamation’ of withdrawal of martial law, the ......d 15-10-85 (Annexure—'E') as per decisions contained in Memo No.6501/3/ML/2/ E/147 dated 1.11.86 (Annexure 'H') or such other or further order or orders passed as to this Court may seem fit and proper." 4. In the Affidavit-in-opposition filed on behalf of petitioner No.1 in the said writ ..Category: Criminal Law | Date: | Hits: 53
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....y fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand, it appears that the appellant and the deceased were very friendly, they spent the day together ......ference to the various circumstances and infirmities of the prosecution case that the appellant was at least entitled to the benefit of reasonable doubt. He also argued that the High Court Division improperly ignored, to the great prejudice of the appellant, the deficiencies and weaknesses of the ..Category: Criminal Law | Date: | Hits: 44
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
....Amin J Md. Tafazzul Islam J Kazi Forhad Hossain (Munna)…………….Petitioner Vs Md. Golam Mustafa Sarwar alias Mohammad Golam Sarwar and another….....Respondent Judgment August 29, 2006 ......at the respondent No.1, in collusion with others, created the said affidavit dated 28.6.1999 by erasing a portion of the same and inserting therein new sentence with the intention to grab the property of the Poet Benazir Ahmed Waqf Estate and the respondent No.1 also had been threateni..Category: Criminal Law | Date: | Hits: 39
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
.... Appellate Division (Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Messers Hai Iron and Re-Roiling Mills Limited, represented by its Managing Director and another …&hellip......he plaint filed in Title Suit No.9 of 2001. 2. Bangladesh Commerce Bank Limited, the respondent No. 1 herein, filed the above suit for realization of Tk.43,87,797.00 by sale of the mortgaged properties stating, inter alia, that Bangladesh Commerce and Investment Limited, in the course of t..Category: Banking Law | Date: | Hits: 101
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....nt: M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Division Bench of the High Court Division in Death Reference......Kumar Saha went to the place of occurrence and prepared the inquest report on the dead-body of the deceased and sent the same to the morgue for post-mortem examination. He also seized alamats under proper seizure list. Subsequently S.I. Rupok Kumar Saha also took up investigation of the case..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....on (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Rajshahi and others…………..Appellant Vs Md. Abdul Jabbar Sheikh&helli......, West Bengal, India, that plaintiff was the resident of village Shib Nagar, Police Station Dom Kola in the district of Murshidabad and because of the communal riot of 1961 he exchanged his Indian property described in schedule 'Kha' attached to the plaint with the 'Ka' schedule property, that t..Category: Property Law | Date: | Hits: 38
State Vs. Sentu and others, 2004, 33 CLC (AD)
....nt: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The State……………….........Petitioner Vs. Sentu and others …..........Respondents Judgement December 8, 2004 Lawyers In......tting the accused respondents taking an incorrect view about the law relating to "common intention” for committing offence of murder under sections 302/34 of the Penal Code without proper appreciation of facts, materials and evidence on record and thus has caused miscarriage of j..Category: Criminal Law | Date: | Hits: 41
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
.... Md. Nabiul Islam Chowdhury………………………....Petitioner Vs Joint Registrar, Divisional Co-operative Office, Rajshahi and others......Respondents Judgment August 13, 2005 Lawyers Involved: ...... submissions. On perusal the impugned judgment of the High Court Division, we find that the learned Judges of the High Court Division having discussed and considered the case of the parties in proper perspective and in consideration of the relevant provision of law rightly decided the ..Category: Constitutional Law | Date: | Hits: 162
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... ......s. In absence of original deed defendants collected a certificate, that the balam book kept in the Sub-Registrar Office has been burnt; that the plaintiffs have no deed in respect of suit property, if produced would be deemed ineffective and not binding upon the defendants as false deed..Category: Property Law | Date: | Hits: 32
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....ourt Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dr. Mohammad Sarwar Ramiz and others ......Petitioners (In Civil Petition No. 612 of 2005) Bangladesh represented by t......bove thereby declared the aforesaid Memo No. Par-1/Niyog-02/2004/387/1 (20) dated 16.03.2004 (Annexure-D-1 to the writ petition) to have been made without lawful authority and directed PSC to hold proper examination in making selection and recommendation for appointment to the posts of Assi..Category: Employment/Service Law | Date: | Hits: 86
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
.... Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Belayet Hossain……………….Petitioner Vs. Abul Fayez Md. Abdullah and others…………….Respondents Judgment June 13, 2005...... of 2000. 2. Respondent Nos. 2-4 as plaintiffs filed Title Suit No. 215 of 1996 before the 1st Court of Assistant Judge, Dhaka for declaration of title and recovery of possession of the suit property against respondent No.1 and proforma respondent Nos. 5-6 impleading them as defendant..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
....rt Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fulbaria Adrasha Market Dokandar Malik Samity & anr...... Petitioners (In Civil Petition No. 392 of 2005) Dhaka Mah......rs in petition No. 392 of 2005 and others stating, inter alia, that the plaintiff was a registered co-operative society and the members of the said society had been doing their business in the suit property and in 1981, fire took place in the market and thereafter also members of the s..Category: Civil Law | Date: | Hits: 120
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ry J Serajul Hoque (Md)...........................................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Shipping and others.......Respondents Judgment June 18, 2006. Lawyers Involved: A......er and respondent No.4 shall be counted from the date of their joining in the post and confirmation in service. 13. In the circumstances, we are of the view that the High Court Division upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent rea..Category: Employment/Service Law | Date: | Hits: 59
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