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Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....atement, we find that the conviction was solely based on retracted confession which was obtained as result of torture by police who paralyzed the accused- petitioner's power of right hand and therefore it was not voluntary and this aspect in very much in the evidence of RW. 17......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 53
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....s. Ed. ......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 35
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
.... "From a reading of the provision of sections 25(1),(2)(3) and section 30(1) of the Act it is very much seen that customs authority is authority to assess customs duties on imported merchandise at the value prevalent on the date the Bill of entry is presented for assessment of cust......e granting is whether the respondents on the basis of previous assessment acquired a legal / vested right to be assessed on the basis of invoice value. As it appears from the contents of the note sheet on the bills of entry annexed with the Writ Petition Nos. 3773 and 4990 of 1999, on ear..Category: Fiscal/Taxation Law | Date: | Hits: 95
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....Ltd Vs. High Trees House Ltd, 1974 QB 130. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate -on-Record- For the Appellants Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate- on- Recor...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....on No. 459 of 1993 discharging the Rule. 2. Short facts are that the 'Kha' schedule property in the district of Kushtia belonged to Shibnath Ghose predecessor of defendant No.1 and 2, Nemai Chandra Ghose, predecessor of defendant No.3 and Bishnupada Ghose, defendant No. 4. The plaintiff by......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.....7, 7(a),7(b) and the trial court considered these papers and came to the conclusion that these are quite sufficient to prove the plaintiffs story of pattan. The lower Appellate Court on the other hand held that the Ext. 7 series do not bear the signature of anybody and no jama has been fixed in...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
.... properties of the Corporation from the list of abandoned property. The High Court Division in the aforesaid writ petition, as seen from the judgment passed thereof instead of making direction for handing over possession of the property to the Corporation rather directed the Respondent No.l i.e.......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
.... of Land wanted the file for taking decision to prefer appeal, which remained in the Ministry for ling time and was also misplaced. So the government has sufficient explanation of delay. On the other hand the learned advocate for the plaintiff-respondents argued that no such letter from the Ministry......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 156
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....n Officer, Sylhet for taking necessary action by an inquiry and that on 2-9-1996, the Magistrate received the report submitted by the District Anti-corruption Officer containing the opinion of the hand writing expert and thereafter complainant filed an application for issuance of process. The Ma......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 37
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....ansigence of the appellant company which eventually compelled the respondent workers to file the said IRQ cases. Section 7, therefore, is not applicable in the present case, 13. On the other hand, section 34 of the Industrial Relations Ordinance, 1969 can be construed to have conferred a r......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 95
....(2008) 24, 19 BLT (AD) (2011) 07.
......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
..
Category: Civil Law | Date: | Hits: 111
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Mondal, 17 DLR 231; Azimuddin Bhuiyan V. District Registrar, Dhaka 20 DLR 355; Abdur Rahman V. Baser Ali, 21 DLR 599; Abdur Rahman @ Abdul Rahman V. Maklis Ali, 31 DLR (AD) 118; Lebu Miah V. Ganesh Chandra, 34 DLR (AD) 220; Aftab Mia V. Wahab Ali, BCR 1982 AD 87; Jainullah and another Vs. Anu Miah ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....ondent obtained the contract in the name of the firm M/s. M. Rahman and Associates. According to respondent, it was a partnership firm since 1978 but he severed his connection on 2.2.85. On the other hand, the appellant pointed out Ext. 6 the application of the respondent for obtaining the contrac......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
.... against said parallel line but that was of no avail. It became difficult for the assessee to run business. The Assessee company was put to the dilemma whether to stop the business running at loss or hand over the same to WAPDA which was willing to purchase the same. In the circumstances the asses......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....e date of the suit. And thus the prayer for interest from date of the suit was allowed by the court and that concludes the matter………………(15 & 16) Cases Referred to— Seth Manakchand, AIR 1944 Privy Council 46; AIR 1924 Madras 102; AIR 1931 Madras 650; AIR 1940 Madras 29. La......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..Category: Civil Law | Date: | Hits: 113
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
....ed was transferred to the Satkania Primary School soon thereafter. He stated in cross-examination that the signature reading "Moslemuddin" in page 11 of the Relief Register does not seem to be in the hand of accused Moslemuddin". P.W.5 Md. Abdur Rahim is an Assistant attached to the office of the ...... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ..Category: Anti-Corruption Laws | Date: | Hits: 125
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
.... AIR 1973 S.C. 552; AIR 1975 Allahabad 202; AIR 1976 Punjab 279; AIR 1971 (SC) 306, AIR 1978 Mad. 201; AIR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Council 46; Abdul Gafur Khan Vs. Government of Bangladesh, 1984 BLD (AD) ...... that the tower appellate Court relied entirely on the opinions given by the Hon'ble Minister-in-charge of the Ministry of Land Administration and Land Reforms and other officials in the official notes in order to hold that fresh notice under section 5(1a) was required to be issued following the..Category: Property Law | Date: | Hits: 38
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ght against defendant No. 1 and no relief had been prayed for as against the Deputy Commissioner pro forma defendant. 4. The learned Judge found no evidence to show that the suit premises was ever handed over to the Law Department or that it vested in the Law Ministry. At the longest plaintiff cl......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......en must undertake. It is a social obligation and let us remind every Indian citizen that it is his fundamental duty as enshrined in Article 51 A (g) of the Constitution." 16. It is gratifying to note that the trial Court allowed the proceeding to continue under Order 1, rule 8 of the Code of Ci..Category: Civil Law | Date: | Hits: 130
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