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Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....the aforesaid petitioners (condemned prisoners) gives rise to the petitions mentioned above. 15. Md. Faruk Hossain Khan @ Faruk @ Khaled Saifullah @ Amjad, another condemned prisoner, on the other hand, submitted Jail Petition No.6 of 2006 regarding the aforesaid judgment and order but later tile......Jail Appeal No.457 of 2006). Judgment Syed JRMudassir Husain CJ.- I have gone through the draft judgment prepared by my learned brother Mr. Amirul Kabir Chowdhury J and the separate dissenting note written by my learned brother Mr. Md Joynul Abedin J. 2. The author Judge, Mr. Justice Amiru..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....by the port authority to the respondent No.1 immediately after the expiry of the time as stipulated in the contract alleging that the respondent No.1 is responsible for the delay caused. On the other hand, D.W 1, in his cross examination, specifically admitted that if the port authority would have s......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....he Water Development Board. P.Ws. 1 and 2 were told by appellant No.2, Rash Mohan Adhikari, that he had taken lease of both the fisheries by his lease-deed dated 24 July 1983. Thereupon P.W.2, Nakul Chandra Malo, filed a petition of complaint before the Deputy Commissioner, alleging that the lessee ......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..Category: Criminal Law | Date: | Hits: 45
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ...... test the validity of the contention and submissions made as to whether the notification was illegal or issued without lawful authority. 15. It will be sufficient for purpose of this case to note that section 60 of the Income Tax Act cannot control the provision of President's Order No. 21 ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......s of evidence would hardly afford a valid ground for sending the case on remand for writing a proper judgment. It is about time that the Courts of first appeal become a little more practical and take note of the congestion of pending cases in the original courts and abhor making an order of remand f..Category: Criminal Law | Date: | Hits: 52
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....cy in 1934 up to at least 1959. Exts. 1 and 2 have not been properly considered by the said two Courts. 9. Mr. M. Nurullah, the learned counsel for the defendant-respondents, submits, on the other hand, that Exts. 3 and 4 did not confer the status of non-agricultural tenant upon the appellant. Th......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....as prayed for and the aforesaid judgments and orders of the High Court Division do not call for any interference. 19. Mr. A.J. Mohammad Ali, learned Attorney General on the other hand submits that the learned Judges of the High Court Division erred in law in failing to consider......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 56
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....umber 2, Khulna framed charge under section 6 of the Ordinance No. LX of 1983. In course of trial the prosecution examined 12 witnesses and the defence examined none. Defence case was that Monira hand many boy friends with whom she used to indulge in immoral activities and her parents also......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ..Category: Procedural Law | Date: | Hits: 100
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....d his hut while he was saying esha prayer and kicked him and told him that they were taking away his daughter Hasina Begum (18 1/2) and thus dragged her catching hold of her hand and hair and that while he obstructed he was assaulted by them and then there were about 7/8 p......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 42
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
.... property and appointed concerned Ward Commissioner of the City Corporation as the Receiver. Thereupon the petitioner herein filed an application before the learned Metropolitan Magistrate for handing over possession in his favour and the learned Magistrate by order dated 18.03.1999 allowed ......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
....anjan Chakroborty being dead has heirs Ashish Chakroborty and others Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob, 17 BLD (AD) 126 Abani Mohan Saha Vs. Assistant Custodian (S.D.O.) Vested property, Chandpur and others, 39 DLR (AD) 223; 41 DLR (AD) 124; 7 BLT (AD) 7. Lawyers Involved: ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....01 5,00,000.00 Exim Bank Ltd. 101353-25.02.2001 5,00,000.00 Total Tk. 4,85,00,000.00 6. That the petitioners submitted and handed over to respondent No.3 all the relevant applications particulars, statements, photos, decl...... Shaheen Mahmud 80 lac 9 Rezaul Laro, Amsaro 57 lac 15. That from the above noted payment with dates, it would be crystal clear that the petitioner No. 1 has issued his alleg..Category: Banking Law | Date: | Hits: 185
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
.... 7. The defendant moved the High Court Division in revisional jurisdiction. The said Division made the rule absolute on the findings that the plaintiff received Tk.95,000/- as 'salami1 and thereupon handed over possession of the premises in suit, that in the agreement by which the defendant was put...... court that when the possessory right was transferred that does not debar the landlord from getting a decree for ejectment is wholly misconceived in the facts and circumstances of the case, it may be noted that the landlord is entitled to possession only in terms of the agreement of lease as execu..Category: Tenancy Law | Date: | Hits: 180
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....e right to the Mazar and the Mosque. They are exclusively entitled to collect the Mazar and other donations and also for a direction upon the respondent No. 5 (defendant No.10 in the suit) to hand over cash and kind collected from the Mazar and that the formation in of the committee to......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
....sion was pending the operation of the order of the Chief Metropolitan Magistrate, Dhaka dated 5.1.2002 was stayed and time was taken by the accused respondent on several occasions and on the other hand the informant petitioner made a separate application before the said Metropolitan Session...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....e judgment and order dated 13.12.2004 passed by a Division Bench of the High Court Division in Civil Rule Nos. 638 (F) and 639 (F) of 2004 making the rule absolute and direction the petitioners to hand over possession of the suit property to the respondent within 15 days failing which the trial ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 41
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....n of the suit land is permissible in law as an alternative prayer in case the dispossession of the plaintiffs by the defendants, is not proved. The learned Advocate for the defendants on the other hand, contends that the real question in controversy is, whether the plaintiffs had possession and ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
.... K. M. Nurul Alam vs. Bangladesh, 46 DLR (AD) 113; Monoranjan Mukharjee vs. Election Commission, 41 DLR 484. Lawyers Involved: B. Hossain, Advocate-on-Record-For the appellant Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-F......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....ngali 19. It is also seen from the Clause 21 of the lease agreement that in case leased out land or part thereof if is required for public purpose the lessee would be required to hand over the said land to the lessor and the lessee would be entitled to get compensation. The oth......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
.... in the right side of the chest of the deceased, accused Sayeduzzaman dealt a blow by a dagger in the left side of the chest of the deceased, accused Dudu dealt a dagger blow in the palm of the right hand of the deceased and Mofizuddin as well as Abdur Rahman inflicted dagger blows on various places......of the matter it can reasonably be said that non-coming of the few neighbours of the deceased was not unusual, rather probable. The High Court Division in the background of the facts and circumstance noted hereinbefore was not correct in entertaining doubt about the prosecution case since witnesses ..Category: Criminal Law | Date: | Hits: 44
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