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Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....Chaklader, Advocate-on-Record—For the Respondent Nos. 1-9. Civil Appeal No. 78 of 1983. (From the judgment and order dated 1-6-82 passed by the High Court Division Dhaka in Second Appeal No.9 of 1968.) Judgment Shahabuddin Ahmed J.— In this a......) (1985) 164. ......ppellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shababuddin Ahmed J Mrs. Malekha Khatun and others............Appellants Vs. Md. Abul Kashem & ors.......................Respondents Judgment &......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..Category: Property Law | Date: | Hits: 32
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....ot of details in support of their respective claims. 5. For resolving the dispute Mahbubur Rahman Sikder, the younger brother filed Title Suit No.371 of 1980 in the 3rd court of Subordinate Judge, Dhaka for a declaration that the firm already stood dissolved, alternatively for dissolving the fi...... (AD) (1985) 145. ......late Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md Mohsen Ali J Mahbubur Rahman Sikder and others...............Petitioners Vs. Mujibur Rahman Sikder and others...................Respondents Judgment April 18, 1983...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....show cause as to why the Kushtia Police Station Case No.19 (6) 84 S.G R. No. 3 of 1984 pending in the Court of Upazila Magistrate, should not be withdrawn and transferred the same to Drug Court at Dhaka for trial and disposal and pass such other or further order or orders as may be seem fit and ......s. The State..................Respondent Judgment April 9, 1985. The Drug Control Ordinance, 1982 (Ordinance No. VIII of 1982), section 22, clauses (b) and (c) Offences which fall within the ambit of the Drug Control Ordinance, 1982 are to be t...... (Criminal) Present: FKMA Munim CJ Badrul Hider Chowdhury J Shahabuddin Ahmed J Kalipada Saha…………..……Petitioner Vs. The State..................Respondent Judgment April 9, ......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....instructed by Abu Backkar, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 2 of 1984. (From the judgment and order dated 20.3.83 passed by the High Court Division, Dhaka in appeal No.11 of 1967. Judgment Fazle Manim CJ. — This appeal arises fro......dhury ATM Masud J Syed Md. Mohsen Ali J Planters (Bangladesh) Ltd..............................................Appellants Vs. Mahaluxmi Bank Ltd. (in liquidation) and others.............Respondents Judgment February 9, 1984. Words and Phrases......A Munim CJ Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Planters (Bangladesh) Ltd..............................................Appellants Vs. Mahaluxmi Bank Ltd. (in liquidation) and others.............Respondents Judgment ......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....ney General, M.R.Khan, Advocate-on-Record-For the Respondent Nos. 2 and 3. Civil Appeal No. 114 of 1984. (From the Judgment and Order dated 12-11-84 passed by the High Court Division. Dhaka in F.M.A No.173 of 1984.) Judgment Fazle Munim CJ. — This appeal arises f...... Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment December 4, 1984. Words and Phrases ......Munim CJ Barul Haider Chowdhury J Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment Dec......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents......Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2002. Cases Referred T......il) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
.... Syed Md. Mohsen Ali J M/s. House Building Finance Corporation………………Appellant all cases. Vs. Commissioner of Income Tax, Dhaka North Zone, Dhaka……………Respondent all cases. Judgment...... Commissioner of Income Tax, Dhaka North Zone, Dhaka……………Respondent all cases. Judgment July 16, 1984. Cases Referred To- Sarupchand vs. Commissioner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Pakis......Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. House Building Finance Corporation………………Appellant all cases. Vs. Commissioner of Income Tax, Dhaka North Zone, Dhaka…………&hell......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ...... Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Hazer Ali Mandal and others………....Appellant Vs. The State…&hellip......MA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Hazer Ali Mandal and others………....Appellant Vs. The State………………………&helli......Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ..Category: Criminal Law | Date: | Hits: 52
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
....n the period of limitation prescribed by the Limitation Act, the proceeding will not abate. On that ground also the order passed by the High Court cannot be sustained." The Dhaka High Court also took the view that misdescription is mere a technical error in the case of M......M Masud J Syed Md. Mohsen Ali J People's Republic of Bangladesh, represented by the Dy. Commissioner, Faridpur.... Appellant. Vs. Abul Kaiser Chowdhury and others. ……………………………......Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J People's Republic of Bangladesh, represented by the Dy. Commissioner, Faridpur.... Appellant. Vs. Abul Kaiser Chowdhury and others. ………………&...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ..Category: Trust/Waqf Law | Date: | Hits: 193
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
.... 13. It is unnecessary to multiply instances and it may be noted in passing that in the case of Hamijan Bibi versus Sk. Darog Ali and others, 15 DLR 225 a Division Bench of the Dhaka High Court took the view that the decree passed by the trial Court can be varied by the appe......dgment July 17, 1984. The Code of Civil Procedure, 1908 (V of 1908) Order XLI rule 33 The Appellate Division of the Supreme Court may pass any order notwithstanding the fact that the appeal is only in respect of the decree in favour of all or any of the pa......KMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Osman Gani………………….Appellant Vs. Mst. Kulsum Bibi & ors……………Respondents Jud......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
....50 of 2004 discharging the rule. 2. Prosecution case, in brief, is that the respondent Nos. 1 and 2 filed the petition case bearing No. 248 of 2004 before the Chief Metropolitan Magistrate, Dhaka on 19.02.2004 under Section 145 of the Code of Criminal Procedure alleging, inter alia, that ......ar Ahmed, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 415 of 2005 (From the judgment and order dated 12.04.2005 passed by the High Court Division in Criminal Miscellaneous Case No. 28...... J Md. Abdul Matin J Alex & Simon International Ltd……………………………………Petitioner Vs. Yasmin Bashar & others…………………&hellip...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ..Category: Criminal Law | Date: | Hits: 45
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ...... by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 527 of 2006 (From the judgment and order dated 04.05.2006 passed by the High Court Division in Death Reference No. 128 of 2003 wi...... Md. Hassan Ameen J The State………………………………………………Petitioner Vs. Saheb Ali…………………………......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
....risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......ate………………………………………………….Petitioner Vs. Md. Jalal Miah and another………………………Respondents ......dul Matin J The State………………………………………………….Petitioner Vs. Md. Jalal Miah and another…………………&helli......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ..Category: Criminal Law | Date: | Hits: 51
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ...... Supreme Court Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Abu Sayeed Sheikh alias Abu Sayeed and another………………………….Petition...... Md. Tafazzul Islam J Md. Abdul Matin J Abu Sayeed Sheikh alias Abu Sayeed and another………………………….Petitioner Vs. The State………………………&hellip......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ..Category: Criminal Law | Date: | Hits: 38
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....judgment since all these three are the product of same judgment, under reference. 3. The deceased Sohel, accused Chan Miah and Bashir Miah of 53, East Hazi para under Badda Police Station of Dhaka Metropolitan Area were jointly running Thai Alumunium business for a considerable period. Th......volved: A.B.M. Bayezed, Advocate-For the Petitioners. J.B.M. Hasan, Deputy Attorney General-For the Respondent. Jail Petition Nos. 20 And 21 of 2007. (From the judgment and order dated 13.08.2007 and 14.08.2007 passed by the High Court Division in Death Reference No.......7) Chan Miah…………………………………………Petitioner (In Jail Petition No. 21 of 2007) Vs. The State…………………………......…………………………….Respondent (In both the Petitions) Judgment February 8, 2009. Lawyers Involved: A.B.M. Bayezed, Advocate-For the Petitioners. J.B.M. Hasan, Deputy Attorney General-For the ..Category: Criminal Law | Date: | Hits: 41
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
....t of ACC G.R. Case No. 139 of 2007 corresponding to Paltan P.S. Case No. 36 of 2007 dated 13.11.2007 under Section 27(1) of the Act pending before the Court of Chief Metropolitan Judicial Magistrate, Dhaka in pursuance of the notice. The writ petitioner has further challenged vires of Rules 19w of...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Anti-Corruption Commission………………………………………………..Petitioner Vs. Md. Abul Kalam Shamsuddin and others…………………………….Respondents Judgment November 12, 2008. Lawyers......CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Anti-Corruption Commission………………………………………………..Petitioner Vs. Md. Abul Kalam Shamsuddin and others…………………………….Respondents Judgment...... the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323...Category: Anti-Corruption Laws | Date: | Hits: 119
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....ellip;……………………..Petitioners Vs. Rajdhani Unnayan Kartripakkha (RAJUK) represented by its Chairman, RAJUK Bhaban, Motijheel, Dhaka and others…………………………&he......me Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J A.H.M. Quamruzzaman and others…………………………..Petition......Islam J Md. Joynul Abedin J Md. Abdul Matin J A.H.M. Quamruzzaman and others…………………………..Petitioners Vs. Rajdhani Unnayan Kartripakkha (RAJUK) represented by its Chairman, RAJUK Bhaban, Mo......ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ..Category: Property Law | Date: | Hits: 38
Commissioner of Customs, Customs House, Dhaka and others Vs. Abdur Razib, 2008, 37 CLC (AD)
....ourt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J The Commissioner of Customs, Customs House, Dhaka and others…………..Petitioners Vs. Abdur Razib…...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J The Commissioner of Customs, Customs House, Dhaka and others…………..Petitioners Vs. Abdur Razib…&helli...... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J The Commissioner of Customs, Customs House, Dhaka and others…………..Petitioners Vs. Abdur Razib………………………&hell...... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
....ts. Md. Aftab Hossain, Advocate-on-Record - For the Appellants. Civil Appeal No. 78 of 1992 (From the Judgment and Order dated 6 January 1992 passed by the High Court Division Dhaka in Civil Revision No. 268 of 1989) Judgment Bimalendu Bikash Roy Chodhury J.- Th...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vickchand Miah and others..........Defendant-Appellants Vs. Khurshida Khatun & ors ..........M Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vickchand Miah and others..........Defendant-Appellants Vs. Khurshida Khatun & ors ..................Plaintiff-Respondents Judgment ...... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J The People's Republic of Bangladesh represented by the Secretary Ministry of Works, Bangladesh Secretariat Building, Dhaka......... Appellant. Vs. The Chairman, 1st Court of Settlement, Segunbagicha, R...... represented by the Secretary Ministry of Works, Bangladesh Secretariat Building, Dhaka......... Appellant. Vs. The Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka and others.........Respondents. Judgment July 8, 2003. Case Referred to- ......Karim J Md. Hamidul Haque J The People's Republic of Bangladesh represented by the Secretary Ministry of Works, Bangladesh Secretariat Building, Dhaka......... Appellant. Vs. The Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka and others.........Re...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ..Category: Property Law | Date: | Hits: 38
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