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Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....e ex parte decree…….(18) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Petitioners. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record&mda...... the suit was taken up for hearing. After examining the plaintiff and marking some documents as exhibits, it was decreed ex parte. 5. On March 6, 1988 the appellants filed the Misc. Case, noted earlier, under Order IX rule 13 and section 151 of the Code of Civil Procedure for setting a..Category: Property Law | Date: | Hits: 76
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....ance, 1984 (XXXVI of 1984), Section 160 The price differential or the windfall profit having been credited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of income by over-riding title is fully attract......out of stock of petroleum products of the assessee on 21-7-80, 3-5-81 and 4-6-81 as a result of refixation of the price of petroleum products by the Government was shown to have been credited in a note in the audited balance sheet of the appellant- company as payable to the BPC on Government acc..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
.... Court Division but it neither flied any written statement nor opposed the suit or the appeal. No petition for leave to appeal was filed by the Government against the impugned judgment. On the one hand, the evidence produced shows that the Revenue Officers of the Government demanded and realized......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....ate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khandoker Saiful Islam…………………….Petitioner ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..Category: Criminal Law | Date: | Hits: 96
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....n found that the policy holders testified that they deposited various amounts towards the premium to the petitioner. The accused-petitioner also made an admission on stamp paper by writing in his own hand wherein he admitted his guilt. The same was marked as Ext. 7 in the case. PWs 2, 3 and 4 having......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ..Category: Anti-Corruption Laws | Date: | Hits: 81
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....field when the aforementioned accused persons including the appellant forming an unlawful assembly entered into the paddy field armed with dangerous weapons. Accused Hafizur Rahman had a gun in his hand who passed an order to finish the informant party. At once accused-appellant Altaf with an axe......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..Category: Criminal Law | Date: | Hits: 104
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....pation for providing his sons in business. By serving notice by registered post under section 106 of the Transfer of Property Act on August 14, 1986, he terminated the tenancy and asked the tenant to hand over possession of the shop room but the tenant did not vacate the said shop room. Hence the su...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....rport Manager received them. The Security Officer of the Airport accused Md Abu Taher Miah (since acquitted by the High Court Division) was also present with the Airport Manager. Both of them shook hands with the two foreigners and the appellant Airport Manager made a gesture to the Security Off......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......ed upto 20-6-91. On 30-5-91 the surveyors prepared and signed a minute stating that they presumed the damage to be 55% of the total stock to which the appellant disagreed and the appellant’s note of dissent was recorded in the minute and the surveyors suggested that final decision on this ..Category: Business or Commercial Law | Date: | Hits: 147
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....Court of Munsif, Jessore, for declaration of title to and confirmation of possession in certain land. The case of the plaintiff briefly, is that the land in suit belonged to one Pagal Rishi. Nimai Chand took lease of the said land from Pagal Rishi by means of a registered parts dated 13 February ......e. In the present case important material evidence had been ignored. The learned Single Judge has correctly noticed that the lower appellate Court misread the evidence on record and failed to take note of the aforesaid material evidence in arriving at its findings of facts. Hence there is nothin..Category: Property Law | Date: | Hits: 49
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....t lawful authority, all the more so, because government will also not deny that the susceptibilities of the tribal people should not be ignored………………..(29) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (SM Munir Advocate with him) instructed by Sajjadul Huq, ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... scope for further lenience demonstrated by the Administrative Tribunal and the Administrative Appellate Tribunal in the impugned orders. 6. The learned Counsel for respondent No. 1 on the other hand, argued that the nine charges established against the respondent were of minor nature and it wa...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..Category: Administrative Law | Date: | Hits: 145
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....o.1 be forbidden from seeking to prevent or delay the petitioner (mother) from bringing the detenu children to the jurisdiction of the said court and further directing that respondent No.1 forthwith hand over the children to the physical care of the petitioner(mother) and that they remain in the in......hildren should be decided upon taking evidence but it is our human concern which impels us to make some provisional orders without causing any prejudice to the parties concerned. It was heartening to note that both sides expressed genuine concern for the interest and welfare of the children and it w..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....vidence and confirmed the judgment of the trial court. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate–on-Record — For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the ......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....e invalid. 8. Mr. SR Karmaker appearing for the appellant relied on paragraph 437 of Mulla’s ‘Principles of Hindu Law’ (eleventh edition) and also on “A Treatise on Hindu Law’ by Golapchandra Sarkar Sastri (sixth edition), chapter III on marriage to argue that there are two ceremonies......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ..Category: Family Law | Date: | Hits: 212
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....exercise of discretion unless to prevent a perverse order. Lawyers Involved: Jamiruddin Sirker, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate-on-Record- For the Petitioner. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ..Category: Others | Date: | Hits: 112
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....dent No. 1 committed gross professional misconduct; that the complainant can neither read nor write in Bengali and taking advantage of her dependence and helplessness respondent No. 1 induced her to hand overall her valuable deeds and documents to him and in flagrant violation of her trust, illegal......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....uently entered into an agreement with him for sale thereof at a consideration of Taka 55,501.00 out of which Taka 50,001.00 had already been paid as earnest money. 2. Defendant No. 3, on the other hand, pleads that Kunja Lal left another son named Rangershwar, besides the three sons mentioned abo......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ..Category: Property Law | Date: | Hits: 82
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
.... The trial Court closely scrutinized and noticed the contradictions in the evidence of the plaintiffs’ witnesses and the broad circumstances bearing upon the case. The appellate Court, on the other hand, without specifically adverting to the findings and reasonings of the trial Court had independe......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ..Category: Property Law | Date: | Hits: 88
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....Sajjadul Huq, Advocate-on-Record— For the Appellant. Khademul Islam Chowdhury, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 1. Khandker Mahbubuddin Ahmed, Senior Advocate (M Zahir, Senior Advocate and SM Munir Advocates with him......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
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