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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. ...... with the decision of the Sessions Judge, the High Court Division reversed the judgment The Sessions Judge on the basis of evidence leading to the conduct of the accused respondents convicted them holding that from the very beginning they acted in such a manner as to cause disappearance of the e..Category: Criminal Law | Date: | Hits: 129
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......ort of the Deputy Commissioner, Barisal without issuing any show cause notice upon him. The impugned order was issued out of misconception as the petitioner was in no way a disqualified person for holding the office of the Chairman under the provisions of section 7(2) of the Local Government (Un..Category: Civil Law | Date: | Hits: 104
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. ......e 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 of the Code of Civil Procedure can only be fil..Category: Property Law | Date: | Hits: 34
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
...... in favour of Remash Chandra Barman, the petitioner, was valid and after hearing, Rules issued in Civil Revision Nos. 4243 and 4244 of 2005 as well as in Civil Revision 4654 of 1998 were disÂcharged holding that the above power of the above attorney dated 9.7.1998 was not valid.
6. The learned ..
Category: Civil Law | Date: | Hits: 111
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. ......corruption Bureau, KishoreÂganj, lodged FIR with Tarail Police Station after conducting preliminary enquiry into the matÂter and the Anti-Corruption officer entrusted him with the responsibility of holding invesÂtigation subsequently. He completed the investigation work and thereafter, on obtainÂ..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. ...... by means of evidence adduced by them to the dispute and a decision of the whole matter by finding upon the facts in dispute and the application of law to the facts so found.........A Revenue Officer holding an inquiry in a mutation proceeding, in the premises does not become a Court as he does not ..Category: Criminal Law | Date: | Hits: 48
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....t is a partnership, has the respondent been released from the contractual obligation? If it is a proprietorship he is disqualified from contesting the election under the law. Certain facts are not disputed namely, that the respondent obtained the contract in the name of the firm M/s. M. Rahman an...... In the event of the Tender being subÂmitted by a firm, it must be signed separately by each member thereof, or in the event of the absence of any partner it must be signed on his behalf by a person holding a Power of Attorney authorising him to do so. 2. Receipts for payments made to a firm mus..Category: Election Law | Date: | Hits: 134
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....0/- taken by him from Bangladesh Krishi Bank, Satkhira Branch. Thus he became a defaulter within the meanÂing of section 7(2)(g) of the Union Parishad Election Ordinance. 5. Certain facts are not disputed namely, the amount of loan was Taka 10,000/- and the repayment of the loan was to be starte...... or to be nominated to the election of a Chairman of Union Parishad. Failure to pay any instalment makes the borrower defaulter in payment of the loan and the law says such person is disqualified for holding office of the Chairman………………..(15 & 17) Cases Referred to — 40 DLR ..Category: Election Law | Date: | Hits: 124
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. ......section 66 (1) of the Income Tax Act was preferred before the High Court Division for its decision on the question raised. The High Court Division by its order dated 1-9-80 rejected the appliÂcation holding that there was a sale of the assets of the assessee appellant. Leave was granted to consider..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....ivision, Comilla Bench, were right in holdÂing that the amendment of the petition sought by the pre-emptor-petitioner making a new claim for pre-Âemption on the basis of contiguous ownership of the disputed lands would prejudicially affect the responÂdent as it would alter the nature and characte......lication under secÂtion 96(1) of the East Bengal State Acquisition and Tenancy Act for pre-emption of the case land against the respondent the pre-emptee impleading thereto all the co-sharers of the holding and contiguous tenants. This petition had been marked as Miscellaneous Case No. 112 of 1981 ..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
.... date of the decree and says that if a decree is silent with respect to such interest the Court shall be deemed to have refused the same, and a separate suit therefore shall not lie. 13. It is not disputed that the decree in the present case speaks of interest @ 15% per annum till realisation on ......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..Category: Civil Law | Date: | Hits: 113
Abdul Mannan TalukÂder Vs. BD House BuilÂding Finance CorporaÂtion and another, 1989, 18 CLC (AD)
....05 where the above obÂservation was noted with approval. That case arose out of a proceeding under section 26F of the Bengal Tenancy Act, 1985 and has got no relevance in this case. 12. It is not disputed that the Bangladesh House Building Finance Corporation has been brought under the Administr......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..Category: Labour and Industrial Law | Date: | Hits: 111
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......'s son and other hired goondas. On 12.3.88 the respondent filed an application before the Election Commission stating all about the obstruction caused to the filing of nomination paper and prayed for holding election of the said Union PariÂshad after setting aside the election thereof. 4. The El..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....he plaintiffs. The learned Munsif came to the concluÂsion that notice under section 5(1a) and 5(3) of the said Act were not served on the plaintiffs and as such there was no valid acquisition of the disputed properÂty. 4. Against the said judgment and decree the deÂfendant-appellants preferred......fendants following leave is from Judgment and Order dated 10 November, 1988 passed by a Division Bench of the High Court Division, Dhaka dischargÂing the Rule in Civil Revision No.324 of 1988 and upholding the judgment and decree of the lower apÂpellate Court. 2. The matter arises out of an ac..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....at the said reviÂsion case be heard along with Criminal Revision No. 180 of 1986 (out of which the present appeal has arisen). That Revision case No.259 of 1986 is still pending. These facts are not disputed. 4. Rule 7 in Chapter II of Part I of the Rules of the High Court Division provides as f......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....in question, the High Court DiÂvision by its order dated 7.12.88 directed the MiniÂstry of Home Affairs, respondent No. 3, to file an affidavit staling whether the Police was in possesÂsion of the disputed premises as contended by the reÂspondent Nos. 1 and 2 in their affidavit-in-opposition. It......ave been passed without lawful authority and be of no legal effect. 3. The appellant suited in her petition that she purchased the land measuring .70 acres with a two-storiyed residential house at holding No. 10/1 Toyenbee Circular Road, Dhaka pertaining to C.S. Plot No. 33, R.S. Plot Nos. 2411, ..Category: Property Law | Date: | Hits: 54
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
.....................Respondents Result: The appeal is allowed. The Union Parishad (Election) Rules, 1983 Rule 70 The High Court Division ought not to have interfered in the matter of highly disputed question of facts. The election commission acted within its jurisdiction under rule 70 of t......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ..Category: Election Law | Date: | Hits: 111
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......he appellants signifies their intention to achieve something indirectly, that is frustrating the very pre-emption proceeding. The learned Munsif rightly granted the prayer and the High Court Division holding the same view. ……….……..(5) Lawyers Involved: M. Nurullah, Senior Advocate, ..Category: Property Law | Date: | Hits: 32
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....Deputy Commissioner he has ocÂcupied the premises. In spite of the request of the Nazir the Additional Deputy Commissioner, defenÂdant No. 1, refused to vacate the premises. 9. The facts are not disputed. They reveal nothing but the officiousness of the Additional Deputy Commissioner. It is unf......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......n this view of the matter the petition was summarily rejected. 9. Dr. Kamal Hossain, the learned Counsel apÂpearing for the plaintiffs-petitioners, canvassed that the High Court Division erred in holding in deciding the issue only from the financial angle namely, exÂpenses incurred by the defen..Category: Civil Law | Date: | Hits: 130
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