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State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......ted method of administration of justice…………………..(40) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Faisal H Khan, Assistant Attorney-General, with him) instructed by B Hossain, Advocate-on-Record—For the App..Category: Criminal Law | Date: | Hits: 129
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......was barred by limitation so the same was liable to be dismissed. 3. The decree-holder respondents filed an application for rejection of the said application as not maintainable. The learned Assistant Judge rejected the said application holding that the application under Order 21 rule 29 o..Category: Property Law | Date: | Hits: 34
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ...... Government money amounting to Taka 1, 25, 113.87 by abusing his official position as Nazir and thereby committed criminal breach of trust. On the basis of the aforesaid allegation, Foyezuddin Ahmed, Assistant Inspector of Anticorruption Bureau, KishoreÂganj, lodged FIR with Tarail Police Station a..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......duced the forged copy of the petition of the aforeÂmentioned miscellaneous case, being MiscelÂlaneous Case No 337 of 1973 and the order said to have been passed in the miscellaneous case before the Assistant Commissioner (Land), Mirzapur for correction of the record of rights in their favour and t..Category: Criminal Law | Date: | Hits: 48
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
....rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......6 restraining the defendants, who are the respondents herein, by an order of ad-interim injunction not to proceed with the Title Execution Case No. 9 of 2005 pending before the 6th Court of Senior Assistant Judge, Dhaka. 3. The Title Suit No. 220 of 2006 was filed seeking declaration of t..Category: Property Law | Date: | Hits: 31
Comilla Electric SupÂply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......    Tk. 1,43,263/- Tk. 4,28,599/- Depreciation allowed upto 31-12-1962 Tk. 597,957/- (Original Cost minus W.D.V. - i.e. Tk. 7,41,240/- minus Tk. 1,43,283/-) On appeal the Appellate Assistant CommissionÂer has confirmed the assessment. 5. The Appellate Tribunal considered the c..Category: Fiscal/Taxation Law | Date: | Hits: 80
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
.... this convicÂtion cannot be sustained. In the result, the appeal is allowed. The orÂder of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......after. He stated in cross-examination that the signature reading "Moslemuddin" in page 11 of the Relief Register does not seem to be in the hand of accused MosleÂmuddin". P.W.5 Md. Abdur Rahim is an Assistant attached to the office of the Deputy Commissioner, Bogra. He used to maintain the Allotmen..Category: Anti-Corruption Laws | Date: | Hits: 125
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......n their affidavit-in-opposition. It is also found that no affidavit was filed by the Ministry of Home Affairs within the time allowed by the Court nor even after further lime was taken by the learned Assistant Attorney-General for the purpose. Indeed no affidavit was eventually filed confirming the ..Category: Property Law | Date: | Hits: 54
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....the submission made by the learned AdvoÂcate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......e appellants. The order of the learned assistant judge has rightly been set-aside by the High Court Division. In deciding an application under Order IX, rule 13 of the Code of Civil Procedure learned Assistant Judge cannot restore the suit in exercise of inherent power under section 151 of the Codeâ..Category: Procedural Law | Date: | Hits: 88
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....ns taken or to be taken by the parties including defendant No. 5. The appeal is accordÂingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......mber, 1986 passed by the High Court Division, Dhaka in Civil Order No. 988 of 1986). Judgment ATM Afzal J.- The appellants are defenÂdant Nos. 1-4 in Other Suit No. 245 of 1984 of the Court of Assistant Judge, Cox's Bazar. The Suit was filed by plaintiff-respondent No. 2 for declaration of ti..Category: Procedural Law | Date: | Hits: 94
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ...... Esqr., Secretary, Establishment Division, Ministry of the Interior, Karachi. (3) Accountant-General, East Pakistan, Dacca. (4) Secretary, Central Board of Revenue, KaraÂchi. (5) Inspecting Assistant Commissioner of InÂcome-Tax, Range III, Dacca. A. Latif, Commissioner of Income Tax..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ...... No. 335 of 1969 after setting aside the judgment and decree of the courts below. 2. Plaintiff-respondent (No.1) brought the said suit for specific performance of contract in the SecÂond Court of Assistant Judge, Serajganj alleging, inÂter alia, that defendant No.1 (respondent No. 2 hereÂin) c..Category: Procedural Law | Date: | Hits: 132
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inferÂence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......dence of the witnesses of fact. No motive for the offence has been proved. The High Court Division rightly set-aside the conviction……………………….(7) Lawyers Involved: B. Hossain, Assistant Attorney-General instructÂed by M. Nowab Ali, Advocate-on-Record—For the Petitioner. ..Category: Criminal Law | Date: | Hits: 43
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......n (1923) ILR, Lah. 50. Lawyers Involved: Mujibur Rahman, Advocate instructed by Kazi Ebadul Huq, Advocate-on-Record—For the Appellants. Hasan Arif, Deputy Attorney General, (Fakhrul Islam, Assistant Attorney General with him), inÂstructed by Md. Sajjadul Huq, Advocate-on-Record—For the..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......visional Special Judge, Rajshahi, was vitiated in the alleged absence of any sanction by the Government under section 6 of the Criminal Law Amendment Act, 1958. 2. The appellant was Jute Extension Assistant in the Jute Extension Office at Joypurhat at the releÂvant time. He was prosecuted and th..Category: Criminal Law | Date: | Hits: 41
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......he appellant, a teacher of Shakowa High School, came to the Sonali Bank at Thakurgaon little after midday to encash a bill of special grant of Tk. 1900/- for the said school. P.W.1 Upendra Nath Dash, Assistant Cashier of the Bank, through misÂtake gave the appellant Tk. 9000/- in 89 hundred taka no..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......Âinal Appeal No. 178 of 1984). Judgment: Shahabuddin Ahmed J.-Accused-petitioners were convicted and sentenced to seven years imprisonment with fine under section 394 of the Penal Code by the Assistant Sessions Judge, Tangail, by an order dated 18 July 1984. They preÂferred an appeal which ..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......t the appellant had transferred the aforesaid land to his brothers by registered kabalas without the settlement being finally approved. The appellant brought O.C. Suit No. 141 of 1981 in the Court of Assistant Judge, Natore on 14.3.81 for a declaration that the cancellation of settlement was illegal..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained maÂjority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......Chittagong Bench in reÂvision upholding an order of remand of the First ApÂpellate Court. 2. Facts of the case, briefly, are that the plainÂtiffs filed other Suit No. 24 of 1984 in the Court of Assistant Judge, Boalkhali Upazila, for declaration of their title to and recovery of khash possessi..Category: Property Law | Date: | Hits: 85
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner conÂcerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......ellants are granted bail till trial commences. Lawyers Involved: Abu Nasar Md. Gaziul Hoque, Advocate, inÂstructed by Md. Ozair Farooq, Advocate-on-Record— For the Appellant. B. Hossain, Assistant Attorney-General instructÂed by Syed Sakhawat Ali, Advocate-on-Record —For Respondent N..Category: Criminal Law | Date: | Hits: 63
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