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....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.
......Rafique-ul-Huq, Senior Advocate, and A. B. M. Nurul Islam, Senior Advocate with him, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners.
Not Represented-the Respondent.
Civil Review Petition No.137 of 2008.
(From the Judgment and order dated 14.07.2008 passed by this Divisi..
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. ......Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-6. Civil Review Petition No. 159 of 2009. (From the judgment and order dated 24.03.2009 passed by the Appell..Category: Trust/Waqf Law | Date: | Hits: 171
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....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. ......with antisocial activities of the son of defendant No.1, she left the house and started living with her daughter permanently and thus the plaintiffs took possession of the aforesaid land; that with a view to grabbing the suit land, the defendant No.1 filed a suit being No. 86 of 1990 in the Court of..Category: Property Law | Date: | Hits: 126
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. ......emned convicts and others held meetings firstly at Muktagacha, in June, 2005 and then at Basabo Dhaka, in September, 2005. They decided to attack the judges, magistrates and police personnel with the view to compelling the Government to introduce and establish Islamic Legal System in place of the pr..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.......de all others laws.- The provision of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Code or in any other law for the time being in force." 23. In that view of the matter our considered opinion is that the provision of section 35A of the Code is not ap..Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......er the witness saw the accused in the Police Station. So identification of accused in the TI Parade was of no consequence and the prosecution case was not improved by such identification." 35. The view that the delay in holding Test Identification Parade in the jail premises has direct impact for..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......cation for pre-emption by impugned judgment and order. 15. Mr. Mohammad Ali Khan, learned Advocate for the appellants, challenged the order on various grounds. 16. Firstly, he submitted that in view of said orders passed in Miscellaneous Case No. 45/IX- 1/79-80 and 317/IX-I/82-83 opening new k..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. ......24-11-2005 and on an application on behalf of the opposite parties for adjournment, the matter was fixed for argument hearing on 28-11-2005 and thus the application for transfer is mala fide with the view to delaying the proceeding of the suit. He further submits that the learned District Judge, hav..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......0, the maintenance for the minor was also claimed by the mother in whose custody the minor girl is staying; that the present claim of the minor daughter may be considered as barred by res judicata in view of the earlier Family Suit bearing No. 11 of 1990; that awarding of past maintenance from 18-5-..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... 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. ......f the Ain, 1995 against the other accused persons. This decision was sought to be challenged in Criminal Leave to Appeal No. 177 of 1999. But this petition was dismissed by the Appellate Division. In view of such decisions of this Division and the Appellate Division the Tribunal framed charge agains..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
.... the arrear of rent and Rupsha Fakir auction purchased the said land and the auction sale was acted upon, but the learned lower appellate Court misconceived and misunderstood that fact and came to an erroneous decision without considering the evidence of PW and DWs and the documents filed by the con......ismissing the suit. 2. The opposite party Nos. 1 to 10 as plaintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-1994 in review case No. 2 of 1994 as stated in 'Kha' scheduled land is illegal, without jurisdiction, null and..Category: Property Law | Date: | Hits: 70
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. ......that section 35 of the Ordinance, 1984 has made it mandatory upon the DCT to accept the audited account if the same is found to have been maintained in a particular method is concerned, we are of the view that merely because a particular method of accounting was followed and was audited by a Charter..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.......re is no evidentiary value of confessional statement of the co accused if not corroborated by the evidence. So, this instant statement has no value in the eye of law. 9. We have also taken serious view for violation of the direction not to arrest or harass the petitioner by a Division Bench of th..Category: Criminal Law | Date: | Hits: 64
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......appellants preferred the instant appeal. 8. No one appears on behalf of the appellants to support the appeal and to assail the judgment and order of the conviction and sentence dated 30-9-1991. In view of the fact that this is a very old case we are inclined to take it up for disposal on merit on..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......y to 17th June, 1993; that the documents submitted were discrepant and fraudulent; and that first defendant PBL was not obliged to pay on the discrepant and fraudulent documents. 34. Upon such view, the learned Joint District Judge decreed the suit declaring that first defendant PBL shall not..Category: Business or Commercial Law | Date: | Hits: 289
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
.... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ...... in an officiating capacity and until further orders, Government can at any time terminate his officiating appointment and revert him to his original position, even if such revision may amount to a review of the earlier order. It may, perhaps, be improper for a Prime Minister to review an ord..Category: Employment/Service Law | Date: | Hits: 66
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....ue of a Muktipotra if the said document is proved as a document regarding title and therefore, non-consideration of so on a document while passing the judgment by the High Court Division results in erroneous decision and the lower appellate Court in its judgment fully considered the legal effect......, delivery of possession, and more particularly when P.W.1 in his deposition stated that except his oral statement there is no other material to show when and how the transfer took place, and in that view of the matter the claim of their acquisition of title relinquishment but that does not confer..Category: Property Law | Date: | Hits: 74
.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......howdhury without mentioning his father's name and address. No where in the writ petition it has been stated that the constituted Attorney is authorized to appear on behalf of the petitioners. In that view of the matter, we are of the opinion that this writ petition has not been properly filed by a c..
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......ioner with the finding that the order of the Deputy Commissioner was in accordance with Rule 33(3) (b) of the Income Tax Rules. The Appellate Tribunal, as it appears from the impugned order, took the view that admittedly the assessee appellant is the director of more than one company and he could no..Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ...... sub-section (2) of section 22 of the aforesaid Ordinance. He then contends that the petitioner having failed to lodge any written claim within one month from the date of seizure of the vessel and in view of the prosecution against the crews of the vessel, the Magistrate rightly found them guilty of..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
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