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Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....ndant No.1 entered into appearance and contested the suit by filling a written statement denying the material allegations of the plaint contending, inter alia, that the plaintiff could not manage the total consideration money in spite of his (defendant No.1’s) reminder. He also approached the plai......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....spected the godowns and verified the stock from 19.1.1991 to 8.4.1991 and found shortage of 85.298 metric tons of rice, 221.952 metric tons of wheat and 185 pieces of bags worth Taka 23, 06,728.80 in total. It was presumed that the said Mirza Monwar Hossain, since deceased and the co-accused in coll...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 61
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......x days of starting the vacation. Today it is taken up for hearing, but no one appears to press the appeal. In view of its long pendency for nearly twenty-one years, we take it up for disposal even in absence of the appellant. 2. Facts relevant for disposal of the appeal, in brief, are that the i......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 74
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....o the extent of 46 decimals fell in the share of Kalom Chand, who sold it to Jira Miah by a registered sale deed dated 1.10.1986 and thus the said Jira Miah acquired title over 88 decimals of land in total and got possession thereof. In spite of the fact that opposite party was in possession over th......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..Category: Property Law | Date: | Hits: 53
..... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
...... obtained an ad interim order of injunction in the connected Civil Rule.
10. Mr. Md. Lutfor Rahman Mandal, learned Advocate appearing for the appellants submits that the Court of Settlement had no jurisdiction to decide title of the suit property and as such question of title between the parties ..
Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......t-matter of the agreement or any part of it, and where a difference has arisen to which the agreement applies, they or any of them, instead of proceeding under Chapter II, may apply to a Court having jurisdiction in the matter to which the agreement relates, that the agreement be filed in Court. ..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....e has already got possession of .43 acres of land of the same khatian, but due to obstruction he did not succeed in taking possession of 1.90 acres of land of the said khatian. Defendant No. 1 gave a total denial about the annulment of the encumbrance and their knowledge about the said proceeding wi......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116...Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......es of the Division Bench differ in opinion or whether he can go into that aspect of the case also where the two other Judges agreed in their opinion. The views of the various Courts of the Indian jurisdiction seem to be somewhat variant. 11. In the case of Union of India and another Vs. B.N...Category: Criminal Law | Date: | Hits: 94
....r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
...... the respondents claim that, upon an inquiry by a Kanango, it was found that a road had been constructed on the disputed land. This is a disputed question of fact and cannot be decided under the writ jurisdiction. Moreover, it was observed by the High Court Division that the petitioners cannot claim..
Category: Property Law | Date: | Hits: 69
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......iction and sentence, (b) whether the confession on subsequent remand could be treated as voluntary and true and the conviction of the appellant be maintained on such confession and (c) whether in the absence of recovery of incriminating material, and without implicating the appellant by other confes......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 100
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....way and settle lands in khas possession of the tenant when the area of such lands is not in excess of 375 bighas will be unauthorized in law. 28. The High Court Division came to a finding that the total land under possession of Lamio Matbar was not more than 375 standard bighas before or after am...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......Ordinance) is a ‘persona designata’ or a Court. In the above case, this Division held as follows: "When a District Judge has been defined as “the Judge of a Principal Civil Court of original jurisdiction” by using this expression for constituting the election appellate tribunal and empowe..Category: Property Law | Date: | Hits: 67
.... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44.......e dismissed the complaint on 18-1-2005 as the complainant was absent. The learned Magistrate can dismiss a petition of complaint under section 203 of the Code of Criminal Procedure on the ground of absence of the complainant. There is no bar to filing a new case if a petition of complaint is dismi...... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44...
Category: Criminal Law | Date: | Hits: 85
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......sion of the Government whether the employees/manpower of a completed project under the development budget would be transferred to the revenue budget or not and the High Court Division sitting in writ jurisdiction cannot direct the Government or the Government functionaries to transfer the manpower o..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....onalized (sic) any discrepancies.” Furthermore, according to the “Statistics of civil officer and staff, 2006” compiled by the Statistics and Research Cell of the Ministry of Establishment, the total number of existing 3rd class employees of the Republic is 610685 and the total number of exist......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......on maintainable on the view that “since the writ-petitioner's relief could not have been obtained by a supplemental rote performed by the Tribunals the writ petitions (sic) have rightly invoked the jurisdiction of the High Court Division under Article 102 (1) of the Constitution." Considering the ..Category: Employment/Service Law | Date: | Hits: 127
.... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ......t in Order to file an Appeal under section 42 of the VAT Act the percentage of the demanded VAT and or the penalty as mentioned therein must be deposited at the time of filing the Appeal and in the absence of such deposit an Appeal cannot be accepted, so no illegality was committed either by the C...... of Taka 79, 14,280.68. The petitioner also brought to the attention of the respondent of the observations made by the High Court Division in Writ Petition Nos.3207 of 2003 and 3028 of 2003 as to the jurisdiction in the matter of accepting Appeal pending deposit. A copy of the interim Order passed b..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....tenancy by giving a notice to quit on the tenant in the manner prescribed under section 106 of the Act. This right has been substantially curtailed by the Ordinance. The Ordinance, however, has not totally done away with the operation of the provisions of Transfer of Property Act but has made seri......of any premises unless he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance within the time fixed in the contract, within his landlord or, in the absence of such contract, by the fifteenth day of the month next following that for which the rent i......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...Category: Property Law | Date: | Hits: 87
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....n 3, section 55 was also amended so as to validate an assessment which is made on the profits other than those of the previous year. Section 55 is the charging section. The tax is leviable on the total income of the previous year which is computed under section 13 Section 58 also makes Section 1......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......n a tax and a toll or fee as that is not disputed. A tax, toll or fee is imposed in public interest and in a toll or fee individuals receive some special benefit while in the case of a tax there is absence of such direct benefits or advantage and if there is one it is incidental to the action of t......on of service, which is a built in proposition in a fee or toll. In the modern administration the local Government such as Municipal Committees execute vital developmental programmes within its own jurisdiction conferred upon them by statute. Municipal Committees are formed with elected and nomi..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
....of penal action Notices No.2511/101/424, 45/1CI/423 and 46/1CI/422 all dated 31.1.1974 under Section 23(5)(a) of the Income Tax Act were served on 6.2.1974 for realization of Income Tax on the said total income of the appellant in the names of Rajab Ali Mullick, Abul Hashem Mullick alias Abul Hoss......force of arms and commands obedience to him by the force emanating from the military power. Law as it is understood in jurisprudence draws its authority from the will of the people of a country and absence of the expression of that will or rather silensing that will of the people through the stren...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165...Category: Fiscal/Taxation Law | Date: | Hits: 122
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