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Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....ch the respondent No.1 paid to Md. Shafi a sum of Tk. 7,000/- as earnest money and on the same very day Md. Shafi handed over possession of the said building to him; Md. Shafi did not comply with his part of the contract though the respondent No. 1 complied with his part of the contract and so he fi......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
....as filed seeking declaration of title in respect of 2.95 acres of land and khas possession in respect of 4 decimals of land as mentioned in schedule "ga' to the plaint which are claimed to be part of the accretal land measuring 1.51 acres. 2. It is the case of the plaintiffs that la...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....rely tortured the appellant for getting confessional statement implicating himself with the death of the son of respondent No.3 and such torture resulted in left thumb fracture and injury to other parts of the body and he had to be in the Noakhali Jail Hospital from 8.1.1983 to 21.7.1983. The fa......e Station. Appellant was arrested in connection with the said case on 3.1.1983. Sagir Ahmed, Sub-Inspector of Sudharam Police Station lodged suo moto First Information Report on 5.1.1983 and after investigation charge-sheet was submitted against the appellant and 6 others on 20.4.1983 under sect..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
....tfunnessa, was allegedly murdered by her husband, accused Md. Sarwar Alam Chowdhury and two others in the house of the husband in his village home on the night following 24.11.1994 and the interested parties circulated the news that Lutfunnessa had committed suicide. The police thereupon recorded an......ed an U.D. Case. Then the appellant filed a complaint case before the learned Chief Metropolitan Magistrate, Chittagong on 30.11.1994 who then sent the same to the Chandgaon Police Station police for investigation and to treat the same as first information report if the allegations were found true. ..Category: Criminal Law | Date: | Hits: 105
Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)
....from Jail seek leave to appeal against the judgment and order dated 29th and 30th March, 2005 passed by a Division Bench of the High Court Division in accepting the Death Reference No.28 of 2003 in part and dismissing the Criminal Appeal Nos. 1458 and 815 of 2003. 2. The short fact of the ...... the right breast to abdomen. He sent the dead body to morgue for postmortem examination and lodged FIR dated 6.11.2002 with the Officer-in-charge, Demra Police Station. 3. The police during investigation arrested the aforesaid three petitioners whereupon they made confessional statements..Category: Criminal Law | Date: | Hits: 25
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
.... leave to appeal are directed against the judgment and order passed by the High Court Division in Death Reference No.17 of 2002 and Criminal Appeal No.1645 of 2002 accepting the death reference in part and dismissing the criminal appeal reducing the sentence from death to imprisonment ......e dead body into the Indara. 3. Police investigated into the case and submitted charge sheet against the condemned prisoners and the acquitted 4 other accused persons. 4. During investigation, the 6 condemned prisoners namely, Ekramul Hossain @ Anis, Sukur Ali, Minarul Islam @..Category: Criminal Law | Date: | Hits: 33
Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)
.... 182 245/1619 2.97 acres with project land and building. 914 245/1620 5. The petitioner, writ respondent. No. 2, participated in the said auction of the above schedule property and purchased the same measuring 2.9......der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ..Category: Property Law | Date: | Hits: 31
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
....t the judgment and order dated 20.9.2001 of the learned Joint District Judge, 3rd Court Dhaka in Title Suit No. 81 of 1987 rejecting application filed by the petitioners praying for adding them as parties. 2. The respondent Nos.1 and 2 instituted the above suit for declaration of their ti...... consequently High Court Division was not in error in discharging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ..Category: Property Law | Date: | Hits: 24
Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)
....g the same. 2. The respondent No.1 as preemptor filed Preemption Case No.93 of 1999 in the Court of Senior Assistant Judge, Tangail, against the petitioner Nos.1 and 2 as pre-emptor opposite-party Nos. 1 and 2 and respondent Nos. 2 and 3 as Vendor-opposite-party Nos.3 and 4 respectiv...... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 603. ..Category: Property Law | Date: | Hits: 26
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....05. Case Referred to- Danish Ali and others Vs. Sakina Bai and others, 4 BLD (AD) 68. Lawyers Involved: Md. Waliul Islam, Advocate-on-Record-For the Appellant Ex-parte-the Respondents. Civil Appeal No. 197 of 2003. (From the judgment and order dat......e Appeal on transfer was heard by the learned Additional District Judge, 2nd Court, Kishoreganj and in the appeal the appellate court by a suo-motu order dated 23.04.2002 directed for holding local investigation and further directed the plaintiff to pay a sum of Tk.1,000/- as commission fee. Bei..Category: Property Law | Date: | Hits: 71
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....o the appellant to do the business. Though attempts have been made to allege malafide in the action of the respondents, but there is nothing on record to indicate that there was any malafide on the part of the respondents in refusing permission. Moreover it appears that out of 11 applications re......sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ..Category: Business or Commercial Law | Date: | Hits: 81
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....gment and order and other connected papers. 4. As it appears the High Court Division dismissed the appeal holding that in their written statements the petitioners did not deny the receipt of part consideration money and though their case is that at the time of execution of the bainanama, a......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ..Category: Property Law | Date: | Hits: 26
Noor Mohammad Biswas Vs. Surendra Nath Mondal, 2006, 35 CLC (AD)
....ppeal was disposed of on April 10, 1997 and the application under Order 41, Rule 21 of the Code of Civil Procedure was affirmed on December 2, 1997 and the same as it appears was moved in the early part of the year 1998 and thereupon the aforesaid Rule i.e. Civil Rule No.80(S) of 1998 was issued.......vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ..Category: Property Law | Date: | Hits: 25
Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)
.... promoted as Officer of the Bank. While the petitioner was serving as second Officer of Amtali Branch an allegation was brought against him alleging that he recommended for sanctioning loan and a departmental proceeding being No.12/1995-1996 was started against him; the matter was enquired into b......t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ..Category: Administrative Law | Date: | Hits: 90
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ......P.S. and the Amtali P.S. Case No.12 dated 18.07.2000 under Sections 11(kha) and 30 of the Nari-O-Shishu Nirjatan Damon Ain, 2000, hereinafter referred to as the Ain, was registered. After investigation a final report was however submitted. 4. The Informant filed a Naraji petitio..Category: Criminal Law | Date: | Hits: 41
Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ng the material averments made in the plaint and stating, inter alia, that the suit property has been correctly enlisted as vested property. 4. The learned Assistant Judge after hearing the parties decreed the suit in part by the judgment and order dated 23.11.1985. 5. The defendan...... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ..Category: Property Law | Date: | Hits: 24
Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)
....istered kabala being No. 6016 of the year 1981 and the plaintiff got possession over 6 katha of land in the western side of the plot in question. The plaintiff got his name mutated in the Revenue Department of the Government and has been possessing the same on payment of rent and taxes. ...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 519. ..Category: Property Law | Date: | Hits: 20
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
....he actual production. The appellant duly replied to the show cause notice on 12.10.1994 denying allegations and explaining the entire facts and circumstances. Respondent No.2 upon hearing the parties passed an order rejecting submissions of the appellant and holding that it was li...... evaded a huge amount of VAT due to the Government exchequer. That when the falsity of the declaration was detected a high-powered committee was constituted to investigate the matter. In course of investigation the committee unearthed the whole matter of VAT evasion and thereafter, the evad..Category: Fiscal/Taxation Law | Date: | Hits: 83
Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)
....t, that when the P.P. films are imported by the writ petitioner through bonded werehouse system he pays VAT at the time of taking delivery of those P.P. films from the werehouse, that in the early part of 1995 an audit team from the Directorate of inspection (Customs, Excise and VAT) audited the......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)
....No.215 of 1985 in the Court of Assistant Judge, Sadar, Rajshahi for declaration that the plaintiff has already acquired good and indefeasible title in the suit land as described in schedule 'B', a part of the schedule 'A' of the plaint, by adverse possession for more than long 12 years in respec......to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ..Category: Property Law | Date: | Hits: 96