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Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....bsp; Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hassan J Bangladesh and others.…………..Petitioners Vs. &nbs......on 172 The case diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor. In a proper case for its satisfaction a Court may themselves peruse the dairy but it cannot be made a pu..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....bsp; Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J KM Hasan J Giasuddin and another…… Petitioners Vs. State&......sed or he has any political or other clash with the condemned prisoners. We find no reason to doubt or disbelieve the evidence of this witness. The trial Court as well as the High Court Division on proper appreciation of the evidence believed this witness and we find nothing to find otherwise. ..Category: Criminal Law | Date: | Hits: 47
....AD) (2002) 111.
......a-7/HBRI-2/94 (Khand) dated 23-11-96 issued under the signature of the respondent No. 2 and demolition of the houses and structures of the Darus Salam Housing Co-operative Society Ltd. on its Block-A property by the respondent Nos. 3 and 5 shall not be declared to have been issued and done without l..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
.... Ruhul Amin J KM Hasan J Jitendra Nath Mistry...................Appellant Vs. Abdul Malek Howlader and ors........... Respondents Judgment &nbs......l) making the Rule absolute upon setting aside the judgment and decree dated 18th May, 1986 of the Court of District Judge, Jhalakathi in Title Appeal No. 83 of 1985 so far the same relates to the property in item Nos. 1 and 2 of the ‘Ka’ schedule attached to the plaint. The learned ..Category: Property Law | Date: | Hits: 47
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
.... an order of stay of transfer, the High Court Division also cannot exercise such power……(10) Case Referred to- Government of Bangladesh and others vs. Mohammad Faruque 51 DLR (AD) 112. Lawyers Involved- &nb......ld not be stayed till the disposal of Case No. 205 of 2000 pending in the Court of Administrative Tribunal, Dhaka or such other or further order or orders passed as to this court may seem fit and proper. Let the operation of the said impugned order dated 30-7-2000 be sta..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
.... Civil Appeal No. 98 of 1998. Judgment Md. Fazlul Karim J.- This appeal by leave is at the instance of plaintiff-appellant who filed the suit for ejectment, arrear of rents and compensation stating, inter alia, that the defendant-respondent was a monthly tenant at a rental......the tenancy commenced on 15th August, 1971 it has to be determined on service of notice for one month and such notice dated 18-1-74 determining tenancy with the expiry of 28th February, 1974 is not a proper and valid notice determining tenancy. 7. Agreement between the parties provides, int..Category: Tenancy Law | Date: | Hits: 76
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....nbsp; Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Abdur Rashid (Md) and others.................. Petitioners Vs. ...... CPC. 3. It may be mentioned that defendant No. 7 Badaruddin in his application under Order IX rule 13 of the CPC stated that he was entrusted by the Madrasah to manage its property. It was also stated in the application under Order I rule 10 that Badaruddin was a bargade..Category: Property Law | Date: | Hits: 63
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....urt Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Akitullah and others ................... Appellants Vs. Zafala Begum and others...............Responde......amendment filed by the plaintiff-respondents being wholly unnecessary and was filed merely to obtain an order of remand to fill in the lacuna in evidence and the record containing full evidence for a proper judgment in the case the High Court Division was wrong in allowing the prayer for amendment o..Category: Procedural Law | Date: | Hits: 114
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....ent: M. M. Ruhul Amin J Amirul Kabir Chowdhury J S. M. Iqbal Hossain................. Petitioner Vs. Managing Director, International Finance Investment and Commerce (IFIC) Bank Ltd. Head Office, Bangladesh Shilpa Bank Bhaban, 17-18 Floors, 8, RAJUK Av......er the respondents ought not to have inflicted major penalty as has been meted out to the petitioner. 7. He further submits that the lower appellate court being the final court of fact, on proper appreciation of evidence found that the action of the respondent inflicting major penalty up..Category: Employment/Service Law | Date: | Hits: 78
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....Division (Civil) Present : Md. Ruhul Amin J M.M. Ruhul Amin J Abdul Majid Molla.......................................Petitioner Vs. Biswajit Chandra (minor) & others……….........Respondents. Judgment 11 F......tiffs have possessed the suit land through borgaders including the defendant No. 1 who did not give borga crop to the plaintiffs regularly. Subsequently, defendant No. 1 in collusion with the enemy property authority managed to obtain an order of lease in respect of some portion of the suit land ..Category: Property Law | Date: | Hits: 51
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....sion (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and other.................................Appellants. Vs. Abdur Rahman and others.................de in the Arbitration Revision Case No. 163 6 of 1990 on September 18. 1994. i.e. at a time when the Arbitrator could make award of the amount as in his view in the facts and circumstance of the case proper i.e. it was not the law that Arbitrator could only make award to the extent of 10% over the a..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
.... ......hearing the parties allowed the case on contest by the judgment and order dated 15.9.1998. The Administrative Tribunal disposed of the case on merit discussing all the material facts necessary for proper adjudication. The said Tribunal observed that no evidence was there to establish any of the ..Category: Administrative Law | Date: | Hits: 124
....n of Tikapara Ghoramara Rajshahi...................Petitioner
Vs.
Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Finance Internal Resources Division and others................Respondents
Judgment
January 23, 2006.
Result:
The petition ......ise, Customs and VAT, Rajshahi directing the petitioner to pay Tk.67,59,921.15/- as VAT which the petitioner did not pay is an appealable order and the petitioner did not prefer any appeal before the proper forum.
5. Mr. Mahmud tried to argue that since the Rule has been issued in respect of the ..
Category: Fiscal/Taxation Law | Date: | Hits: 85
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
....er as to costs. Ed. ......s is an appeal on special leave from the decision of a Single Judge of the Dhaka High Court allowing a revision under Small Cause Courts Act and directing a suit for ejectment to be presented in a proper Court. 2. Facts in brief are that plaintiff-appellant filed a suit for ejectment afte..Category: Property Law | Date: | Hits: 44
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
.... ...... "after all, it was a hat admittedly forfeited to the Government in 1966 and was being managed from 1374 B.S. either by granting lease or licence for each ear as the Government considered proper". With these observations the Writ petition was dismissed. 3. Leave was granted..Category: Property Law | Date: | Hits: 93
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....Advocate-on-Record—For the Appellant. Hubibul Islam Bhuiyan, Advocate, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent. Civil Appeal No. 120 of 1978 (From the judgment and order dated April 3, 1975 passed by the High Court Division in Income-tax Reference Case No. 2 o......f a firm where the assessee is a partner in the firm and the firm has been assessed as such, the period as determined for the assessment of the income, profits and gains of the firm." 4. For proper appreciation of the expression "previous year" section 3 containing the provision of char..Category: Fiscal/Taxation Law | Date: | Hits: 78
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... the petitions). Not represented—Respondent No. 1 (in all the petitions.) Civil Petition for special leave to appeal Nos. 58 to 60 of 1980. (On appeal from the judgment and order dated 6-6-79 passed by the High Court Division in Writ Petition Nos. 993, 994 and 995 of ......w of the language of section 25 of the Act which provides, inter alia, that in deciding the matter the Court may pass such orders including the orders regarding costs, as it may deem just and proper. From the judgment of the Labour Court it appears that while considering the prayer for rein..Category: Labour and Industrial Law | Date: | Hits: 110
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....llate Division (Criminal) Present: Kemaluddin Hossain, C J. Ruhul Islam, J., Badrul Haider Chowdhury, J. Abdul Jabbar Khan @ Jabbar Khan & ors ……..Appellants. Vs. State and another.......................................... Respondents Judgment January 24, 1980. ....... 5. In the case of Nagendra Shyam Vs. Emperor, AIR 1923 (Rangoon). 31, in a Full Bench of Rangoon High Court it was held that the Magistrate having taken cognizance of the offence it is right and proper that he should bring to justice all those persons whether originally mentioned or not who, ..Category: Criminal Law | Date: | Hits: 60
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....rul Haider Chowdhury J M/s. Hossain Ahmed represented by its proprietor Hossain Ahmed…… ...Appellant Vs. M/s. H. D Hossain & Brothers represented by its proprietor Md. Delwar Hossain and others. ….. Respondents Judgment November 28, 1979. The Specific Relief Act, 1877 (Ac......ellation of the contract of the 4th respondent. It was held that- "The Excise Commissioner exercised his authority with a little irregularity because the matter did not reach him through the proper channel but that would not call for interference by way of a writ. The substance of the thi..Category: Others | Date: | Hits: 94
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
.... that it was passed arbitrarily or capriciously, which, on the facts on record, cannot be urged…………(8) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Supreme Court, (K. Z. Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) instructed by Syed Sakhawat Ali, Advocate-......a Board modify the recommendations by way of awarding either lesser or enhanced punishment as provided in this Order." 8. The statute gives the authority to the appointing authority, in a proper case, to award higher punishment. This power is to 'be exercised by the authority on consider..Category: Employment/Service Law | Date: | Hits: 70
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