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Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......at plaintiffs claim of interest and title in suit properties has no foundation at all. 7. Both parties adduced evidence before the learned Subordinate Judge who on consideration of the evidence on record held that ‘Ka’ Schedule property belonged to both the brothers and defendant petitioner i......nheritance. 9. It is alleged, by defendant petitioner that plot No.2 of ‘Ka’ schedule land acquired by him on the basis of pattan in the benami of his father in the year 1946 as he was then in service but no evidence worthy of belief has been brought on record in support of such contention. O..Category: Property Law | Date: | Hits: 74
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......e Tribunal was based on legal foundation. Section 9 of the Income Tax Act relates to income arising out of the house property. On facts of this case the Tribunal found on the basis of the evidence on record specially the statement of assets and liability filed by the assessee himself in compliance w......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..Category: Fiscal/Taxation Law | Date: | Hits: 110
Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)
....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......uit and he is not a necessary party. A person who is not a party to such an agreement cannot proceed with a suit for ejectment against a person who is not his tenant. In this case there is nothing on record to show that opposite‑party No.1 was the landlord of the petitioner and there was any agree......as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..Category: Property Law | Date: | Hits: 49
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......Motlab PS Case No.5 dated 26.2.87 was started against the accused appellants under sections 147/447/448/366A/379 of the Penal Code. 3. P.W.13 Amarendra Lat Roy, the Officer‑in-Charge Matlab PS recorded the FIR and entrusted P.W.15 Nepal Ranjan Barua with the investigation of the case who ther...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ...... University, the enquiry report along with other connected papers are annexed to the affidavit‑in‑opposition and marked as Annexures A and B. It is further contended that the petitioner's service record is not clean or without any blemish. He was in fact once suspended and then degraded to lowes......3. In the 3rd Writ Petition No.332 of 1991 a Rule Nisi was issued at the instance of the petitioner calling upon the respondents to show cause why the impugned order of removal of the petitioner from service dated 15.4.89 Annexure ‘k’ to the petition should not be declared to have been made with..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....e prosecution case as a whole untrue, acquitted all the appellants and there being no appeal by the respondent (State), the findings of the Appellate Tribunal as to the truthfulness of the case holds good in respect of the petitioner as well. Mr. Chhana submits that the petitioner not having preferr......Two of the charge sheeted accused persons namely Mobarak Ali Paik and (2) Rais Uddin Monthi died before the commencement of the trial. 5. The Senior Special Tribunal Bogra having received the case record registered the same as Special Tribunal Case No. 38 of 1976 and took cognizance by order date......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ..Category: Criminal Law | Date: | Hits: 79
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....uthorised manner. The simple reason is that a person who has suffered no loss by making an unauthorised payment to another person cannot get refund of the same from that person as he was able to make good the loss by shifting the burden of the same on the shoulders of another person. Petitioner of t......(Annexure-H). Both the Rules having involved common question of law these are being disposed of by this judgment. 3. Learned Advocate for the petitioner placing the petition and other materials on record submitted that realization of 5% excess duty front the petitioner of each of the two Rules wa......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Mirza Ashfaque Hossain and another Vs. Md. Ashraful Alam and others, 2011, 40 CLC (AD)
....্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ..Category: Others | Date: | Hits: 153
Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)
....e is other sufficient reason warranting review of this judgment and order. In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ......ently on 17.10.1990 the plaintiff No.2 was asked to make over possession of the suit land to the defendant No.5. The plaintiff thereafter, on enquiry, came to know that the suit land had been wrongly recorded as Government khas land and that the defendant No.3 was trying to establish a "guchchha gra......e is other sufficient reason warranting review of this judgment and order. In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ..Category: Property Law | Date: | Hits: 58
Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)
....as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ......the boundary of the Jhalokathi Pourashava with reference to gazette notification which can not be decided in a summary manner under Article 102 of the Constitution nor can the Court go beyond the record, map and notification. It is further contended that the High Court Division fell in an erro......as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ..Category: Election Law | Date: | Hits: 172
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....ically disadvantaged 'tribal people' who admittedly constitute 'backward section of citizens' is manifest of the very spirit of article 29 of the Constitution and realization of the pledges made in good faith by both sides as embodied in the Peace Accord. VI. whether in passing the impugned jud......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......itution. The amendments have been brought in the impugned Acts to promote the interest, to secure participation of the local people in the Local Government, to secure adequate representation in the service of the Republic and to protect the properties of the backward sections of the citizens of ..Category: Constitutional Law | Date: | Hits: 219
State Vs. Maruf Raihan, 2011, 40 CLC (AD)
....asis of materials with the record. With the above observation and direction this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897.......eantime. 8. In the above circumstances, we find it just and proper to leave the matter of granting bail of the accused-respondent to the trial court on consideration of evidence and materials on record and as such we set aside the impugned judgment and order of the High Court Division granting ......asis of materials with the record. With the above observation and direction this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897...Category: Information Technology Law | Date: | Hits: 285
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
.... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......ccused appellant and another were examined under section 342 Cr.P.C. to which they repeated their innocence. 5. Thereafter the learned Assistant Sessions Judge, in consideration of the evidence on record as well as facts and circumstances of the case found the accused appellant and another guilty...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ..Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......ng under the orders of the Additional District Magistrate, Mymensingh and in apprehension of a breach of peace sealed the offices of the samity and left keys, with the report keeper of the settlement record room till disposal of the suit. 12. On 23-1-95 the defendant petitioners appeared and cont......in the absence of proper elections and democratic norms, the defendant Petitioners applied to the Bangladesh Sarak Paribahan Samity, a body corporate and parent organisation of all the road transport service in Bangladesh, to look into their situation and provide remedies therefore. 4. It has bee..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
.... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ......pellate Court moved this Court and obtained the present Rule. 3. Mr. MA Matin the learned Advocate appearing for the petitioner submits that the trial court, upon consideration of the materials on record, found that the case holding being homestead is not connected with agriculture and the court ...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ..Category: Property Law | Date: | Hits: 52
Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)
....spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ....... 82 corresponding to SA Khatian No.116 originally belonged to Aviram Sarder and Rupchan Sarder and others and predecessors of the plaintiffs were bargaders under the said owners and their names were recorded as such bargaders in the CS Khatian. Their further case is that Aviram died leaving son Gur......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ..Category: Property Law | Date: | Hits: 51
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......which they pleaded not guilty and declined to say anything further or to produce any defence witness. The learned Additional Sessions Judge, 2nd Court, Mymensingh on consideration of the evidences on record, facts and circumstances of the case found the accused persons (the present appellants) and t......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ..Category: Criminal Law | Date: | Hits: 74
Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)
....terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ......on under sections 435 and 439A of the Code of Criminal Procedure before the Sessions Judge, Rajshahi. The learned Sessions Judge found that the learned Magistrate could not appreciate the evidence on record properly and without giving any cogent ground disbelieved the P.Ws. He also observed that the......terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ..Category: Criminal Law | Date: | Hits: 82
....detention of the detenu has been illegal for non‑compliance with the mandatory provision of section 8 of the Special Powers Act, 1974 by the District Magistrate Dhaka. Of late we have come across a good number of cases in which the District Magistrate, Dhaka either failed to serve the order of det......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 63.
......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 63.
..
Category: Criminal Law | Date: | Hits: 105
Shamsul Haque (Md.) Vs. Bangladesh,1995, 24 CLC (HCD)
.... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ......Thana Project Implementation Officer. He has been working in the Ministry of Relief and Rehabilitation of the Government of the People’s Republic of Bangladesh. The petition states that the service record of the petitioner is clean and satisfactory. But the transfer orders from one place to anothe......er is a Thana Project Implementation Officer. He has been working in the Ministry of Relief and Rehabilitation of the Government of the People’s Republic of Bangladesh. The petition states that the service record of the petitioner is clean and satisfactory. But the transfer orders from one place t..Category: Administrative Law | Date: | Hits: 205
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