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Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....f 1982.) Judgment Fazle Munim CJ. — In Criminal Miscellaneous petition No. 8 of 1982 the following order was passed by this Court on February 6, 1983. ''Let a notice be issued upon the parties to show cause within two weeks as to why our judgment (dated 13.7.82) should not be reviewed...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
.... In the same light the Supreme Court of Pakistan in the case of Joygun Bibi v. The State, PLD 1960 SC 313=12 DLR SC 156, observed-that the confessional statement of a co-accused particularly when it is retracted has practically no evidentiary value arid that in the absence of......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ..Category: Criminal Law | Date: | Hits: 63
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
.... not considered by the trial court as those pasted papers could not be opened and without considering in detail all the evidences on record relied on by the learned Single Judge. After hearing the parties in Civil Appeal No.129 of 1977 this Court remanded back the case to the High Court Division......nting to Tk. 2,40,000; the plaintiff Bank instituted the aforesaid suit, 4. The Hill Top Tea Company Limited filed a written statement contending that as no consideration was passed nor any payment was made mere depositing of title deeds did not create any mortgage. No debt, therefore, ac...... Company Limited purchased the properties with all their Machineries for Tk. 4, 00,000/- which was borrowed from the Model Bank Limited. The defendant company approached the plaintiff Bank for loan. One S.N. Mookerjee who was Managing Director of the defendant company and also a Director of ..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....73 of 1984. Plaintiff-appellant instituted Title Suit No. 254 of 1984 against the defendant-respondents before the 1st Court of Subordinate Judge, Dhaka challenging that respondent No.1 who participated in the tender for supply and carrying of fuel oil, lubricant etc. had no licence as re......rketing depending on the availability of product. However, we expect you will represent us quite adequately in the market. Please note that all supplies will be made to you against per-payment by DD or Pay Order drawn on banks of the location of supply point. The company rese......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
.... if any, between the evidence of the eyewitnesses and the medical evidence as to the nature of the injuries in the dead body may provide a sufficient ground for out right rejection of the participation of the accused in the crime. 2. The prosecution case centres round an inciden......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... property in question and as such the stipulation in the agreement for sale relating to putting the respondent No. 1 on the very day of agreement i.e. on 29-12-1970 into possession of the property in part performance of the contract of sale is nothing but a mere recital in the agreement and hence th......ugh his attorney Abdur Rahman who is the brother of Wali Mohammad, to sell the property in question to him and to that respect an agreement for sale, as claimed by the respondent No.1 was executed on payment of Tk. 40.000/- as earnest money out of the total consideration money by Wali Mohammad. It i...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....;………...Respondents Judgment December 11, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in any Parliamentary proceedings and making deliberation in......eld and/or to pass such other or further order or orders as to your Lordships may deem fit and proper. and Pending hearing of the Rule the respondent Nos.1-2 be restrained from making payment of the salaries, allowances, dues and other facilities and privileges to the responde......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
.... have accrued or arisen deemed to have accrued or arisen……….(35) There is nothing in section 13 of the Income-Tax Act to show that an assessee has to follow a particular method of accounting or that it cannot change the method of accounting, that is method o......s the case may be, of every person.” There is proviso to this section which is not relevant to decide the point at controversy. 24. Provisions of this section impose liability for the payment of income-tax. It provides for a rate of tax which may be varied from time to time. It......nt, a statutory body constituted under House Building Corporation Act, 1952 was created for the purpose of providing financial facilities for construction of houses in cities and towns by granting loans on security by mortgaging land and the house to be constructed thereon. Accordingly, the..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
....e rejecting the contention on behalf of the State that such imprisonment in default of fine is authorised by law, namely, section 33(1) of the Criminal Procedure Code, held that this part of the sentence of imprisonment in default of payment of the fine is illegal. Section 33(......;…..(7) The Courts while sentencing a person to fine only where there is no provision of sentence of imprisonment in the rule under which the sentence is awarded, in default of payment of fine, the Court can award sentence of Imprisonment for the period as prescribed by law, ...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ..Category: Criminal Law | Date: | Hits: 39
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....authority concerned. Now, whether such a clause "shall be deemed always to have been so substituted" inserted in the Ordinance appearing to have given retrospective effect to a particular section of the Ordinance will be taken to mean that the entire Ordinance came into force...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ...... plaint are that his father Haji Kalimullah used to advance money to Jogesh Chandra Das who was his retained lawyer. Before leaving for Calcutta for treatment of his illness Jogesh Chandra Das took loan from him, but as the loan was not repaid plaintiff-appellant filed Money Suit No. 3 of 1958 in..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....r disposal of the same in accordance with law. 2. Plaintiff respondents instituted O.C. Suit No. 177 of 1967 in the Additional Court of Subordinate Judge, Noakhali for a declaration that the partition deed executed them and the defendant, Abdul Malek, predecessor of the appellants on 12 Ma......ot maintainable under section 83 of the Code of Civil Procedure and is also barred under section 42 of the Specific Relief Act. Mere declaration without any prayer for consequential relief on payment of ad valorem court fee cannot be entertained. The suit was dismissed by the Addi......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....er XLI rule 33 The Appellate Division of the Supreme Court may pass any order notwithstanding the fact that the appeal is only in respect of the decree in favour of all or any of the parties to do complete justice while disposing an appeal. But this power requires to be exercised o......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ..Category: Property Law | Date: | Hits: 38
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....Md. Tafazzul Islam J.- This petition leave to appeal is directed against judgment and order dated 12.02.2006 of the High Court Division passed in Criminal Appeal No. 2393 of 1995 allowing, in part, the appeal filed challenging the judgment and order dated 20.11.95 of the learned Additional ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ..Category: Criminal Law | Date: | Hits: 38
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....oration, City Corporation Bhaban, Anderkilla, Police Station-Kotwali, District-Chittagong and other……….....Petitioners Vs. The Executive Engineer, Public Works Department (PWD) Public Works Division No. IV Agrabad, Chittagong and others………&......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ..Category: Civil Law | Date: | Hits: 113
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....Finance refused to introduce pension scheme for the employees of the RRI. Under the Rules of Business, only the Ministry of Finance has the authority to approve pension scheme for any department. As an employee of the RRI the service condition of the petitioner is to be guided by the ...... Research Institute: The Respondent No.2, Water Development Board, decided to transfer all amounts deposited by the petitioner and other ex-employees of respondent No.2 to respondent No.1 for payment of pension to the erstwhile employees of respondent No.2, now working under respondent No.1......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ..Category: Employment/Service Law | Date: | Hits: 92
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....- This petition for Leave to Appeal is directed against the judgment and order dated 27.05.2007 passed by the High Court Division in Civil Revision No.5457 of 2002 making the Rule absolute-in-part reversing the judgment and decree dated 20.08.2002 passed by the Additional District Judge, Ra......t binding upon the Civil Court; that the High Court Division has misdirected himself in giving much emphasis upon the solenama filed by the defendants in Other Suit No.44 of 1966; that for non-payment of rents the title of the plaintiffs have been extinguish which is absolutely an erron......ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....no date of induction into possession is mentioned in the deed of 1970. 4. Mr. Mahmudul Islam the senior counsel who appeared for respondent No. 2, Md. Ziaul Islam, has submitted that in part performance of contract under section 53A of the Transfer of Property Act, possession was deli...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....gned judgment that although the learned Judges have stated that the courts below based their judgments upon misreading and non consideration of the evidence, yet they failed to lay their hands on any part of the evidence of P.Ws and D.Ws or on any documentary evidence to bring home this error of law......rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......iage they used to live at the house of the plaintiff's father as husband and wife and thereby she conceived. Subsequently the defendant took Tk. 10,000/- from the plaintiff's father as a refundable loan to run his business and thereafter the defendant once again pressed the plaintiff to collect ..Category: Family Law | Date: | Hits: 180
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....creeing the suit in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partition of the property described in schedule 'ka' attached to the plaint. 2. Plaintiffs filed ......view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ..Category: Property Law | Date: | Hits: 45
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....th interest @ 18% till realization. 5. The defendant then moved the High Court Division in First Appeal No. 159 of 1998 and a Division Bench by judgment dated 31.1.2000 allowed the appeal in part setting aside the decree for Tk. 1,00,00,000/- awarded as compensation but the judgment and dec....... The plaintiff offered tender which was accepted and the plaintiff completed the work as per schedule under the terms and conditions of the agreement and thereafter the plaintiff submitted bills for payment which were not accepted by the defendant appellant and when they refused the suit for real......ts including the fact that the amount decreed was in respect of a liability arising out of a commercial transaction. 8. In this case the plaintiff has undertaken the contract work taking a loan from and the Bank @ 18% compound interest. The appellant has urged the grant of interest till r..Category: Civil Law | Date: | Hits: 88
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