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Angur Vs. State, 1988, 17 CLC (HCD)
....e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......nes and 55 rounds of ammunitions from the guards of the Nikli Branch of the Agrani Bank who were traveling by the same launch. The dacoits also took away an amount of Tk. 600/- in cash and some other papers from the possession of the serang of the launch. It is also the case of the prosecution that ......West Bengal, AIR 1959 (S.C.) 13, Ali Vs. Emperor, AIR 1925 Lahore 15, Chanan Singh Vs. Emperor, AIR 1920 LaÂhore 376, Soliyan Vs. Emperor, 1930 M.W.N. 773, Aziz Vs. State PLD 1969 Lahore 1071, Dip Chand Vs. Emperor AIR 1935 Lahore 799, Emperor vs. Probhu AIR 1937 Lahore 551, Emperor vs. Mathwia, AI......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66...Category: Criminal Law | Date: | Hits: 42
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......aims to hold that ofÂfice. Dr. Kamal Hossain argues that the word purÂported to hold office refers to the time when the proÂcess of the election started i.e. from the time of filing the nomination papers, and the same persists till the assumption of office by the elected candidate. The word 'purp......vt. & Rural DevelÂopment & others........................................Respondents Judgment December 8, 1988. Lawyers Involved: Dr. Kamal Hossain, with Amirul Islam, J.N. Deb, B.K. Das and Kazi Shahabuddin, Advocates—For the Petitioner. S.R. Paul with S.K. Sinha and Mohammad Hos......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51..Category: Election Law | Date: | Hits: 104
Md. Jahangir Alam Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649.......sion ought to have resolved the issues involved in the Rule. 6. We have heard the learned Advocate for the petitioner, perused the judgment and order passed in the writ-petition and also the other papers in the paper-book. 7. It appears that by the memo dated 19.06.2003, the Civil Surgeon of C......) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Md. Jahangir Alam…………………...Petitioners Vs. Government of Bangladesh and others……........Respondents Judgment January 10, 2010. Lawyers Involved: M. Amir......e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649...Category: Civil Law | Date: | Hits: 76
Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)
....wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644.......n the petitioners have preÂferred this petition for leave to appeal. 6. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 7. It appears that the High Court Division found that the application under Ord......ision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Sonali Bank repreÂsented by its Managing Director and another…….........Petitioners Vs. Meghna Vegetable Oil Industries Ltd. & ors……......wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644...Category: Procedural Law | Date: | Hits: 81
Md. Nurul Islam Vs. Artho Rin Adalat and others, 2010, 39 CLC (AD)
....he circumstances, we find no substance in the submission of the learned Advocate for the petitioner. As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642.......under Section 33(9). 5. We have heard the learned Advocate for the petitioner and perused the order dated 02.08.2009 passed by the High Court Division in Writ Petition No.4758 of 2009 and also the papers kept in the paper-book. 6. It appears that the petitioner filed 2 (two) applications for s...... Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Md. Nurul Islam…...............................Petitioner Vs. Artho Rin Adalat and others......................Respondents Judgment January 6, 2010. Lawyers Involved: ......he circumstances, we find no substance in the submission of the learned Advocate for the petitioner. As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642...Category: Civil Law | Date: | Hits: 115
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
....point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639.......he petitioners and Mr. Giasuddin Ahmed, the learned Advocate-on-Record appearing for Respondent No. 1 and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 6. It appears that the High Court Division considered annexures-G and L and cam......nt: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Haji Noor Nabi Mollah being dead his legal heirs Haji Amir Jan Begum and others……....Petitioners Vs. Ahammad Ali and others ...........Respondents Judgment......point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639...Category: Property Law | Date: | Hits: 27
Government of Bangladesh Vs. Md. Samsuzzaman, 2009, 38 CLC (AD)
.... upholding the judgment and order of the Administrative Tribunal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 635. ......rd Mrs. Nahid Yesmin, the learned Deputy Attorney General appearing for the petitioners and perused the petition and the impugned judgment and order of the Administrative Appellate Tribunal and other papers on record. 7. It appears that the copy of the enquiry report was not supplied to the respo......Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Government of Bangladesh repÂresented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others………………………………Petitioners Vs. Md. Samsuzzaman……………â€...... upholding the judgment and order of the Administrative Tribunal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 635. ..Category: Administrative Law | Date: | Hits: 205
....ading the evidence on record allowed the appeal with wrong findings and came to an erroneous deciÂsion causing failure of justice. It is the case of plaintiff that in the C.S. Khatian No. 545 in the relevant column it is shown that the suit Dag is a shahsan and it is a temple and a powerful committ...... preparation of paper books is disÂpensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631.......the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631.......he High Court Division as well as the Court of Appeal below erred in law in discharging the Rule on non-reading and misreading of material evidence on record and on misÂconstruction of the important documents in the C.S. Khatian Ext.1 which is menÂtioned as shashan, as such, the mere recording of ..
Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....se of Colonial Sugar Refining Co. Vs. Irring (1905 AC 369) accepted contention of the assessee that the right of appeal vested with the assessee shall be governed by law which was in force during the relevant assessment years and not by the law which ease into force at the date of filing or disposal......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......ses out of an order dated 9-9-96 passed by the Taxes Appellate Tribunal, Single Bench, Dhaka in ITA No. 2534/95-96, for the assessment year 1992-93. 2. In pursuance of the notice under sections 79 and 83(1) of the Income Tax Ordinance the assessee M/s Aleaf Enterprise appeared before the Deputy C......e Tax Ordinance the assessee M/s Aleaf Enterprise appeared before the Deputy Commissioner of Taxes through its authorised representative and the Deputy Commissioner of Taxes examining the appeals and documents computed the total income of the assessee at Taka 1,3,494. The assessee respondent being a..Category: Fiscal/Taxation Law | Date: | Hits: 55
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....r. Md. Aminul Islam, Advocate, on behalf of the respondents. 10. We have gone through the plaint, written statements, the deposition of witnesses adduced on behalf of both the parties and also the relevant documents exhibited in this suit. It appears that the suit was filed on 16-2-1988 before th......under lock and key and guarded by the guards of the bank, that on 22-6-1986, Azizur Rahman handed over charge to Abdul Khaleq Jamadar, that at the time of handing over it is required to hand over all papers but he did not do so. In his cross-examination he further stated with regard to the removal o...... High Court Division (Civil Appellate Jurisdiction) Present: ABM Khairul Haque J KM Khaled J Pubali Bank Ltd………….……………….. Appellant Vs. Md. Mamunur Rahman and Another………. Respondents Judgment December 9, 2001. Case Referred To- Sulta......lso stated that Md. Mamunur Rahman mortgaged his properties mentioned in the second Schedule to the plaint in favour of the bank. Besides, he proved the DP Note, letter of continuity and other charge documents executed by him and the defendant No. 2 in favour of the plaintiff bank. Those were marked..Category: Civil Law | Date: | Hits: 79
Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)
....nection with this case without any let and hindrance and nothing unwanted happened to them. 4. We have heard the learned Advocates of the contending parties at length and perused the FIR and other relevant papers. 5. There is no dispute to the fact that the accused-petitioners did not allege a......ith this case without any let and hindrance and nothing unwanted happened to them. 4. We have heard the learned Advocates of the contending parties at length and perused the FIR and other relevant papers. 5. There is no dispute to the fact that the accused-petitioners did not allege any bias a......ase is also Reported in: 54 DLR (2002)457.......he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457...Category: Procedural Law | Date: | Hits: 61
....ain son of Moulvi Rajab Ali Sikder by registered deed Nos. 323 and 324 dated 10-1-1987 and ever since the purchase of the land the petitioner and her husband recorded their names in the office of the relevant authorities and got the necessary procha and DCR and have been paying rent since 1387 BS an......dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448.......48.......ot filed any document in his contention.
8. It is sufficiently found that the petitioner has acquired valid title and possession over the land in question. The petitioner has produced all relevant documents in support of her claim over the land question.
9. The petitioner has also produced cop..
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
....que of Taka 50,000 only on 15-6-2000 drawn on Sonali Bank, Kallyanpur, Dhaka. The complainant produced the cheque in the Bank for encashment but it was dishonoured due to insufficiency of fund in his relevant account. Thereafter, the complainant duly informed the accused petitioner by letter dated 3...... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445....... Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J Md. Shamsul Huda J Moniruzzaman (Md.)……..…………………Petitioner Vs. ANM Didar-e-Alam and others ….Opposite Parties Judgment June 18, 2002. Cases Referred To- Ali Akkas......e a civil liability and, as such, the proceeding itself is an abuse of the process of the Court and the same should be quashed for ends of justice. By subsequent supplementary affidavit he filed some documents showing that accused petitioner has re-paid Taka 50.000 complainant as per order of the co..Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....e ‘B’ to the plaint. The trial Court itself observed to the effect: “The passport marked Exhibit A 11 as filed on behalf of Rashamoy Paul shows that he remained as Citizen of Pakistan at the relevant time though it is found in the deposition of this witness that his all other relations incl......und that PW 1 Nur Mohammad stated in his deposition that he has no paper to show that he had any property in India although the trial Court noted that PW 1 stated in his evidence that he gave all the papers of their ownership to the exchanges and his exchanges did not give any paper except the power...... as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......ttorney was fraudulent, forged and fabricated. The plaintiffs were never the inhabitants of Tripura state and now on the departure of the Hindu owners they have created fabricated and forged exchange documents to grab the suit ‘A’ scheduled properties without having any right, title and possessi..Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....l Revision being 754 of 1995 which was made absolute with a direction to the Special Judge for prosecuting the said case being Special Case No. 213 of 1999 after obtaining necessary sanction from the relevant authority as required under section 6(5) of the Criminal Law Amendment Act, 1958. The learn......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J SK Sinha J Tajul Islam ………………Petitioner Vs. Gobinda Prashad Das and others……….Opposite Party Judgment November 30, 2000. Cases Referred To- Dalpat......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436...Category: Criminal Law | Date: | Hits: 62
....5-8-1994 shall not be declared illegal, without lawful authority and to be of legal effect and also to show cause as to why registration of petitioner’s Union shall not be restored.
2. The facts relevant for disposal of the rule are that the petitioner union got its registration as Trade Union ...... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......nal Jurisdiction)
Present:
SAN Mominur Rahman J
Md. Abdul Quddus J
Bangladesh Anabic Shakti Commission Karmachari Union......Petitioner
Vs.
Member, Labour Appellate Tribunal, Dhaka and others…………..Respondent
Judgment
December 3, 2000.
Cases Referred To-
AIR 1...... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430...
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....the sale proceeds have also been timely received by the bank and the same has been credited to the account of the petitioner Company. In support of their contention the petitioner Company annexed the relevant portion of the passbook, the House Airway bills and utilisation permits and all other docum......on in this regard is delaying completion of the inquiry. In this writ petition the respondent No. 3 also filed a supplementary affidavit-in-opposition dated 8-8-2001 wherein they have annexed certain papers to show that by the Airway Bill No. 618-23737335 goods have been exported to Gothenburg, Swed......sion (Special Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J Sarwar Garments Ltd…………………….Petitioner Vs. Chairman, National Board of Revenue and ors………………. Respondents Judgment August 13 and 14, 2001. Lawyers Involved: ......e Customs Act, and also why penal action shall not be initiated against the petitioner under sections 156(1), (14), (61), (62), (90). 6. The petitioner Company in the Writ Petition annexed various documents to establish the fact that after importation of the disputed goods by the petitioner they ..Category: Fiscal/Taxation Law | Date: | Hits: 63
Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)
.... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418....... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418.......ourt Division (Criminal Revisional Jurisdiction) Present: Amirul Kabir Chowdhury J Abdul Aziz J Ferdousi Islam………….………………….Petitioner Vs. Nur Mohammad Kha and others………… Respondents Judgment October 25, 2000. Lawyers Involved: Syed ......mpugned order has been passed by the learned Additional Sessions Judge without complying with the requirement of section 265C of the Code inasmuch as he did not consider the record of the case or the documents sent therewith and passed the order on extraneous matters. The further submission is that ..Category: Criminal Law | Date: | Hits: 33
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
.... 1993 by the learned Additional District Judge, 3rd Court, Dhaka shall not be set aside or such order or further order or orders passed as to this Court may seem fit and proper. 2. The short facts relevant for the purpose of disposal of this Rule is that plaintiff-petitioner filed Title Suit No.3......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......med……………………Petitioner Vs. Badrun Nessa Chowdhury……………..Opposite Party Judgment April 3, 2002. Case Referred To- AZM Khalilur Rahman vs. Md. Syed Hossain and ors 25 DLR 485; AIR 1934 All, 450. Lawyers Involved: Samarendra Nath Goswami, Advocate—......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416...Category: Procedural Law | Date: | Hits: 83
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
.... and Other Suit No. 87 of 79 was dismissed on contest. 2. No one appears to support the Rules. 3. These Rules have been pending for disposal for over 16 years and all further proceedings of the relevant execution cases have remained stayed over a decade. I am, therefore, inclined to take up th......the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409.......09.......ll-reasoned and well-supported by the evidence record. The learned District Judge as well as the learned Subordinate Judge duly applied their judicial mind into the material evidence and the material documents of the defendant, viz Ext A (1) Exts. B and B (1), on which the defendant relies, and disc..Category: Civil Law | Date: | Hits: 69
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