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Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....structure standÂing thereon and some scrap machineries acquired by BSCIC. 3. The case of the writ petitioner was that he is the proprietor of M/S. Friends Chemical Industries and his business partÂner was Mr. Md. Liaquat Ali of 240/1, South Paikpara, Mirpur, Dhaka. The petiÂtioner and his ......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ..Category: Property Law | Date: | Hits: 29
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
.... BK Das J Md. Muzammel Hossain J Anwar Munshi and others........Plaintiff-Appellants-Petitioners Vs. Kulsum Begum and others...........Principal-Defendants-Opposite parties Judgment July 19, 2009. Lawyers Invoplved: Abu Sams Md. Khalequz......of the same subject matÂter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ..Category: Property Law | Date: | Hits: 35
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....ing a written statement contending that Korban Ali, the owner of the suit land took loan from Karam Ali Sheikh and for nonÂpayment or said loan Karam Ali Sheikh filed a money suit and obtained an ex parte decree against the heirs of Korban Ali on 08.01.1923; that on 23.09.1923 in execuÂtion of the......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review PetiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ..Category: Property Law | Date: | Hits: 26
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....ases and got delivery of possession on 4th December, 1962. The record of right was however not prepared in the name of the plaintiff and it was recorded in the name of defendant on the basis of an ex parte decree passed in Title Suit No.730 of 1962, which clouded his title in the suit lands. ......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ..Category: Property Law | Date: | Hits: 20
....ell‑founded, he can decide the question whether the person shall be released at once or shall be detained further. If these three legal requirements are not fulfilled it will not be possible on the part of the Magistrate to apply his judicial mind. But unfortunately, though these three legal requi......€¦(13)
Investigation within 24 hours and Information received is well-founded
During a person’s arrest without warrant before the Magistrate, the police officer must state the reasons why the investigation could not be completed within 24 hours and what are the grounds for believing that the..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
.... the respondents, who are the members of Haris Group, along with others 15/20 terrorists, encircled the victim and fired bullets by pistol and cutrifles indiscriminately on the hand, legs and various parts of the body of the victim in order to kill him and on receiving about 7/8 bullets the victim f......en as the physical condition of the victim deteriorated, took the victim to Dhaka Medical College Hospital at about 12.45 hours where the doctors operated on the body of the victim. The police, after investigation, submitted charge-sheet against the respondents and other accuseds under secÂtion 302..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
.........Appellants Vs. Shihamul Haque and others………….Respondents Judgment June 30, 2009. Cases Referred To- Chitta Ranjan Sutar vs Secretary, Judicial Department 17 DLR 451; Abdul Majid Bepari vs Kashem Ali Maloo 27 DLR 1; Shanmughasundaram Filial vs Pa......plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..Category: Property Law | Date: | Hits: 29
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
...., would either operate or perpetuate an injustice. To find an 'abuse' it would be necessary to see in the proceeding' a perversion of the purpose of the law such as to cause harassment to an innocent party, to bring about delay, or where the machinery of justice is engaged in an operation from which......Division a leave petition. This Division granted leave to conÂsider the following points: "the Anti-Corruption Commission Act, 2004 came into effect on and from 9-5-2004 and unless any complaint, investigation, enquiry, filing of case or sanction were comÂmenced or were pending under the Anti-C..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
....eal No.3304 of 2004, heard along with Death Reference No. 123 of 2004 and Criminal Appeal No. 3890 of 2004 and Jail Appeal Nos.1017, 1018, 1019, 1056 and 1162 of 2004 accepting the death reference in part and allowing the Criminal Appeal No.3304 of 2004. 2. The facts, in short, are that one M......lso stated that due to cut injury of the throat and dao blows by the terrorists his brother died. 3. Thereafter one Nikhil Chandra Mondol Officer-in-Charge of Rawjan Police Station took up the investigation of the case and visited the place of occurrence prepared a sketch map with index, preÂ..Category: Others | Date: | Hits: 63
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....amined none. 11. After closing of evidences the petitionÂer was examined under Section 342 of the Code of Criminal Procedure in which again he pleaded not guilty. 12. After hearing the parties, considering the materials on records and the confesÂsional statement of petitioner, the le......e the house and felt unhappy. 6. The Investigating Officer of the case, Sub-inspector Md. Shawkat Alam (P.W.4), Savar P.S., Dhaka investigated the case, visited the place of occurrence. During investigation, he examined witnesses and recorded their statements under Section 161 of the Code of ..Category: Others | Date: | Hits: 83
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....aking the rule absolute. 2. Respondent Nos.1-11 instituted Title Suit No.45 of 1992 in the Court of Senior Assistant Judge, Sadar, Rangpur against the petitioners for declaration that the ex parte decree passed in Other Class Suit No.199 of 1984 by the Assistant Judge, Kawnia Upazila is not......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ..Category: Property Law | Date: | Hits: 18
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....r possession of the suit premises in favour of plaintiffs/respondents father, that Md. Solaiman Chowdhury filed a rent suit against defendant No.1 being S.C.C. Suit No. 516 of 1953 and obtained an ex parte decree on 04.03.1954; that the suit properÂty was sold in auction on 14.03.1955 in Money Exec......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and othÂers, 2009, 38 CLC (AD)
.... 2. Facts of Civil Appeal No. 103 of 2004 in brief, are that the respondents of the above appeal filed the above Writ Petition No. 4986 of 1996 on the averments that the respondent No. 1 which is a partnership firm, on 20.3.1974, obtained a loan of TK.37,00,000.00 from the appellant hypothecating ...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..Category: Banking Law | Date: | Hits: 98
....en she again became Feroza Begum as the widow of the said Sona Miah.
9. The said suit property was offered for sale to the defendant No.5 as a Shaheed family.
10. After hearing both the parties, the learned Subordinate Judge, 2nd Court, Dhaka passed the judgment and decree dated 27.04.......t property under the Government circular bearing memo No. Shakha-5/AP-1M-26/83 (ANG-SHA)/110 dated 02.03.1986 but the defenÂdants delayed the offer for a long time withÂout giving any answer at the investigation of some corrupt employees and some interestÂed persons who were conspiring to give of..
Category: Property Law | Date: | Hits: 23
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....e aforesaid Daily amendÂing the provisions concerning earnest money at the rate of 5% of the quoted amount instead of fixed amount of Tk.27.00 lacs. Pursuant to the said tender notice the petitioner participated for obtaining lease of the residential plot being No. NE (O)-4 situated at Road No.90, ......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ..Category: Limitation Law | Date: | Hits: 154
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
.... 2. Respondent Nos.1 to 14 instituted Title Suit No.31 of 1986 in the Court of the learned Subordinate Judge, Sylhet for decÂlaration of their title to the land described in 2nd schedule which is part of 1st schedÂule land, by inheritance and by amicable partition with defendant Nos. 41 to 135.......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ..Category: Property Law | Date: | Hits: 33
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....yed Nazir Ahmed, son of late Syed Wasi Ahmed on 07.08.1953 as a refugee for his rehabilitaÂtion by an Indenture of Agreement conÂcluded between the then Government of erstwhile East Pakistan on one part and aforesaid original allottee on the other part, vide Annexure 'A'. The aforesaid deed of agr......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
.... time gifted 7 kathas of land by Heba-bil-Ewaz being deed No.37889 dated 24.11.1980 to his daughter Shamsun Nahar (defendant No.1). Imamuddin Dewan died on 02.04.1985 at the age of 93 years. In later part of 1980 he was not keeping good health and his memory was failing. So he could not use his disc......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)
....tition for leave to appeal is directed against the judgment and order dated 26th September. 2007 passed by the Administrative Appellate Tribunal. Dhaka in Appeal No.223 of 2003 allowing the appeal in part with modifications. 2. Short facts as placed before the Administrative Appellate Tribuna...... not find any legal infirmiÂty  in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ..Category: Employment/Service Law | Date: | Hits: 67
....ess provision in the VAT Act, 1991 (Act No.22 of 1991) to levy VAT on the service of the PSI Agencies, that PSI Agencies are not liable to be charged with VAT because of the proviÂsion in the Second part of sub-section (1) of section 3 of the VAT Act which proÂvides that except services mentioned ......y comparison with known data and the word 'verification' amongst others means: the action of estabÂlishing or testing the truth or correctness of a fact, theory, statement, etc., by means of special investigation or comparison of data. The Government as per provision of section 25A of the Customs A..
Category: Fiscal/Taxation Law | Date: | Hits: 95
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