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Badal Kanti Mitra Vs. Secretary, Ministry of Fisheries and Live Stock, 1980, 9 CLC (AD)
....ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ..Category: Employment/Service Law | Date: | Hits: 126
Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)
....Advocate appearing for the petitioner, submitted first, that the High Court Division failed to appreciate that the fixation of tariff value under said notification No. 20 dated 02.02.1993 on the said goods is arbitrary inasmuch as the petitioner is entitled to pay duties and taxes on the said import......eputy Attorney General (appeared with the leave of the Court) appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 7. The precise questions in all the cases ( is whether the importer appellants are liable......essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......nds which they refused. 3. Defendant Nos. 1,2,3,11,16 and 17 filed written statements but ultimately the defendant Nos.1 and 12 contested the suit by adducing evidence. They admitted that original recorded owner of the suit land was Herajtullah Sheikh, Binod Sheikh and Khoka Sheikh. According to ......- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ..Category: Property Law | Date: | Hits: 104
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ...... by judgment and order dated 11th December, 2006. Thereafter, the petitioners moved this court in Civil Petition for Leave to Appeal No.477 of 2007 and this Court on consideration of the materials on record dismissed the same by the impugned judgment. 6. Mr. Abdul Wadud Bhuiyan, the learned Senio......ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ..Category: Property Law | Date: | Hits: 80
Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)
....d therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ...... petitioners and Mr. Rokanuddin Mahmud, the learned Counsel appearing for respondent No.1 and perused the petition and the impugned judgment and order of the High Court Division and other papers on record of both the cases. It appears that in the both the leave petitions only a direction has ......d therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ..Category: Others | Date: | Hits: 165
....nings.
Under such circumstances, this petition for Review has got no substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
......herein that they acquired right, title and possession in the suit land by taking pattan of the same from the Moharaja of Muktagacha with a further prayer for direction upon the concerned Tahsilder to record his name in the record of rights since he is in peaceful possession of the suit land but his ......nings.
Under such circumstances, this petition for Review has got no substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
..
Category: Limitation Law | Date: | Hits: 165
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
.... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ...... 47 of the Waqf Ordinance, 1962 for enrolment of the disputed properties as Waqf property which was said to have registered under diary No. 6862/605 dated 16th October, 1979. 3. The heirs of the recorded owners Momena Khatun, Shah Ahmed Chowdhury and others, the predecessors of the petitioners ...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ..Category: Trust/Waqf Law | Date: | Hits: 171
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
.... the point decided, in every subsequent suit between the parties. The doctrine of res judicata is that no man should be vexed twice for the same cause. The principle is founded on justice, equity and good conscience. The Doctrine of res judicata is often treated as a branch of law of estoppel. The r......hatun, as purchaser which the plaintiffs for the first time came to know from the plaint of the suit filed by the defendant No. 1 and on 8-1-1998 the plaintiffs obtained the certified copy of the RoR record and became aware of the fact that in absence of Jagabandu Saha, the tenant, Jogesh Chandra Su......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......eath penalty upon condemned prisoner. 17. In the discourse made above, the conclusion that flows is: Death Reference No. 15 of 2002 is accepted. Judgment of conviction and sentence dated 14-5-2002 recorded by Nari-o-Shishu Nirjatan Bishesh Adalat in Nari-o-Shishu Case No. 140 of 1997 stands maint......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638...Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......ippled person. 10. We have heard the learned Counsels representing the State and the two learned State Defence Lawyers representing the condemned convicts. We have also considered all materials on record including the evidence and the impugned Judgment and order. 11. For proper appreciation of......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......appellant Hiru Mia for the offence punishable under sections 19(a), 19(f) of the Arms Act and submitted FRT in favour of the accused Abu Siddique, The offence being triable by a Special Tribunal, the record of the case ultimately came up before the Sessions Judge (ex-officio Senior Special Tribunal)......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... was also followed meticulously. 24. The essence of section 342, Cr.P.C. is to enable the accused to comprehend the allegations and evidences leveled against him for the purpose of affording him a good defence by bringing and pointing at only the incriminating materials that exist against him. He......irst information report SI Md. Mahfuzur Rahman of Lakshmipur Police Station took up the investigation of the case. He investigated the case by visiting the place of occurrence, examined witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. He also took steps fo......idences and by close scrutiny of the record and also other related circumstances involved in the whole case. 31. Be that as it may, let us now deliberate on the first line of argument pressed into service by the learned Counsel for the condemned prisoners. Mr. Abdur Rab Chowdhury emphatically arg..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....for his non-examination. 23. OPW 3 Santosh Kumar Das proved the agreement which is marked as Exhibit 'Gha' and ‘Cha (1)' for sale of shallow machine, trees, etc. 24. It is now well settled by good authorities including those cited above that the pre-emptor must not only have a subsisting int......tion. The case was then renumbered as aforesaid Miscellaneous Case No. 1 of 2000. 3. In the application, it is stated that SA Khatian Nos. 589 and 596 of mouja Helanchi under Thana Monirampur were recorded in the names of Eshan Chandra Das, Hazari Das, Rajbihari Das, Satish Chardra Das, Panchamon...... 6. Sudhir Kumar Das, opposite party No.3 in the application, by a registered deed being No. 4715 dated 2-6-97 transferred the case land to the appellants at a consideration of Taka 3,00,000 without service of any notice upon the co-sharers and behind their back. On 13-8-97 obtaining certified copy..Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......trict Judge. The learned District Judge made a comment that the learned Joint District Judge without hearing the case fixed suit for argument and such view of the learned District Judge is beyond the record. The learned District Judge made a comment that the learned Joint District Judge without goin...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....t the Court of appeal below on proper consideration of the facts and circumstances of the case and evidence on record was perfectly justified in affirming the judgment of the trial Court on assigning good and sound reasons and consequently the impugned judgment does not suffer from any irregularity ......he status and income of the defendant-petitioner in affirming the judgment and decree of the trial Court and that finding, being perverse, suffers from absurdity due to misconstruction of evidence on record by the learned appellate Court below and interference by the revisional Court has become impe......ver went to take her back and he did not take any care of his daughter. An able and solvent father is always bound by law to maintain his daughter. DW I claims himself to be a well-to-do person and a service holder having also some landed property. The plaintiff in this suit prays for maintenance of..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....age of his position Hasan, at about 3-30 PM on 1-4-1998, entered into Shajneen's bedroom and asked her to go inside her bathroom to show him the defective mirror which was required to be replaced. In good faith Shajneen went with Hasan inside the bathroom to show the defective mirror. But Hasan grab......ferred to as Shajneen), a student of Class-IX, was murdered in her bed room in the downstairs. Her father Shameem Latifur Rahman (PW 2) in that very night lodged an first information report which was recorded as Gulshan PS Case No. 73 dated 24-4-1998 under sections 302/34 of the Penal Code. In that ...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......are, Amina Begum as 2 anna share, Hinguluddin as 2 anna 10 gonda share, Alip Khalifa as 4 anna share, Maherjan Bibi as 15 gonda share and Arobjan Bibi as 15 gonda share and accordingly CS khatian was recorded. It is further stated that Abdur Gafur died without any issue, leaving his wife and sister:......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......enquiry on 24-11-1998 in connection with the complaint against him as to his misconduct due to alleged violation of the High Court's order. The petitioner attended the enquiry along with the relevant records and the enquiry authority was satisfied after examining the record, that the allegations wer......fied in the order: Provided that no such order shall be made unless the Nikah Registrar has been given a reasonable opportunity of showing cause why that order should not be made. The mode of service of notice as provided under sub-rule (3) of rule 8 of the Muslim Marriages and Divorces Rule..Category: Employment/Service Law | Date: | Hits: 81
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......and, submits that although the DCT disallowed the expenditure on some heads of the account yet the Commissioner of Taxes (Appeals) as well as the Appellate Tribunal after considering the materials on record almost gave full relief to the assessee and the disallowance which have been affirmed by the ......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......titioner would be enlarged on bail he would hinder the investigation of the case. So his prayer for bail should be rejected. 8. We have perused the miscellaneous application and other materials on record and considered the submission of the learned Counsels of both the sides. The present petition......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529...Category: Criminal Law | Date: | Hits: 64
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