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Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....g the limitation the time of 4 years which she spent in prosecuting another civil proceeding in a wrong forum. 2. Respondent, Mrs. Nadera Rahman was appointed Mutwalli of the Saleha Khatun Waqf Estate bearing E.G. No.510 and 1511-A, by the Administrator of Waqf in 1964 on the recommendation of ......ppellant Syed Amir Hossain made an application before the Administrator of Waqf for her removal from the office of the Mutwalli on the ground of her utter negligence in managing and looking after the affairs of the Waqf Estate since she was residing all along with her husband, a Government Officer, ..Category: Procedural Law | Date: | Hits: 112
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....J The State.......................Appellant Vs. Md. Haroon……………………….Respondent Judgment December 4, 1984. Result: The Appeal is allowed. Acquittal The state moves the Appellate Division against an acquittal order passed by the High Court Division P......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....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. ......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
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....y their materials on 28.10.84 and 29.10.84 and actually on 29.10.84, possession was handed over to the requiring body. Mr. Khondker made allegation that the inventory have been made by some other and stated in the petition by very liberal construction it may be said that it includes the came of on...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161...Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... this power. It is a great power with which the Court has been armed………..(41) Cases Referred to- East Pakistan Vs. Medhi Ali Khan (1959)11 DLR (SC) 318; Md. Amir Khan Vs. Controller of Estate Duty (1961) 13 DLR (SC) 105; Northern India Caterers Vs. Lt. Governor, Delhi AIR 1980 (SC) 6...... other hand who, as it appears, were led, by the younger brother, Mahbubur Rahman Sikder in sum and substance the dispute showed the conflicting claims, regarding the management of the business and affairs of the firm. Mujibur Rahman Sikder, Managing partner of the firm, claimed that he has been r..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....................Respondent Judgment March 12, 1984. A murderer will not certainly keep evidence of his crime by hanging the dead body in or near his own house. The confessional statement of a co-accused shall not be used as the sole basis of conviction in the absence of indep......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....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. ......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)
....y can be allowed to take advantage of his own fault. The Defendant no. 2 himself being Managing Director of the Defendant Company and at the same time Director of the Plaintiff Bank and the statement by him before Court of Law about liability of the company towards the Plaintiff Bank and ......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
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....rs, was pending when the incident occurred. On 14 July, 1970, at about 9 A. M. Abul Hossain was going from his house towards Gaibandha along the path but was obstructed by accused Joynal Abedin who stated that he would not allow him to pass along the path, but it is the Magistrates who held enqui......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.....e. on 29-12-1970 into possession of the property in part performance of the contract of sale is nothing but a mere recital in the agreement and hence the said recital in no way reflecting the actual state of the matter relating to the possession of the property as claimed by the respondent No.1. He...... 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
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
.... petitioner is not aggrieved; (d) that this Court has no jurisdiction to issue a Rule and to direct the respondent Nos. 3-5 to attend the Sessions; (e) that in view of the statements that the respondent Nos. 3-5 have ceased to be members of Parliament, as such......of the respondent Nos. 3-5 that they "are not persons within the meaning of Article 102 of the Constitution as these respondent Nos. 3-5 do not perform any function in connection with the affairs of the Republic, as such, they cannot be directed to attend the Parliament Session", ..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....udgment July 16, 1984. Cases Referred To- Sarupchand vs. Commissioner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Pakistan Vs. Messer. Rathna Tea Estate (1967) 19 DLR 538 SC; Indo-Commercial Bank Ltd. vs. Commissioner of Income-tax, Madras (1962)......plications of section 13 of the Income-tax Act they sought to establish that the section contemplated two kinds of accounting, one for the purpose of ascertaining the actual financial state of affairs of the assessee and the other for the purpose of assessment of income-tax. After referring..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
....ial reasons to be recorded in writing if considers it necessary to do so." 6. It appears that if the Court does not, in its discretion, adopt either of the measures as stated in clause (a) or (b) of section 386, the Court may direct that the offender may be imprisone...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ..Category: Criminal Law | Date: | Hits: 39
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....ltimately placed on trial before the learned Additional Sessions Judge, Jessore, on charge under section 302/34 of the Penal Code. In the trial prosecution examined 11 witnesses and the statement of the doctor before the Magistrate was put in under section 33 of the Evidence Act. ......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)
....arned Single Judge considered that this substitution was not made according to law and procedure and in that view of the matter the case was remanded to the lower appellate Court. 5. As stated above Abdul Ghani died during pendency of the appeal. His heir became the next Mutwall...... 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
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....High Court Division on 1-8-79. Plaintiff-appellant instituted Title Suit No.73 of 1961 in the Court of Subordinate Judge, Sylhet for declaration of title and recovery of possession. Facts as stated in the plaint are that his father Haji Kalimullah used to advance money to Jogesh Chandra D...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ..Category: Others | Date: | Hits: 86
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....ransferred 2.25 acres and therefore he was left with on 2.01 acres. This was found by the appellant Court below. The appellate Court below pointed out that the defendants in paragraph 5 the written statement challenged the contention of the plaintiff that he had 8 annas shares in C.S. 267 and 271......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
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....9 of 1998 in the Court of the Magistrate, Chittagong. 4. During investigation, the investigating officer arrested one Md. Didarul Alam Alias Dilu, Driver on suspicion who made a confessional statement on 10.06.1999. After concluding investigation, the investigating officer submitted c......interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ..Category: Criminal Law | Date: | Hits: 35
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
.... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..Category: Criminal Law | Date: | Hits: 64
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....6;ং গরু দুইটা কেড়ে নেয়। 7. It is highly unlikely that the accused would have stated a date from the English calendar 19.08.1998 in confessing his quit." 8. We have ......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
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