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Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....ll other sides of the case land except the east and being in need of the land, he prayed for the pre-emption. 3. The petition was contested by the pre-emptee petitioners denying the material statements of the pre-emptor and adding that the pre-emption application was not maintainable.......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ..Category: Property Law | Date: | Hits: 35
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 97
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
...., 1962 passed in Title Suit No. 468 of 1962. 3. The respondent No.1 was the defendant No.2 in Title Suit No.77 of 1963. He upon service of summons entered appearance and filed written statement. While the suit was awaiting for disposal before the trial Court, as seen from the materi...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 112
Abu Taleb Vs. State, 2007, 36 CLC (AD)
.... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
.... in suit since they are in bonafide requirement of the said premises for their own use and occupation, that the defendants defaulted in the payment of rent to the plaintiffs, that in the aforesaid state of the matter the plaintiffs served notice (one by the plaintiff Nos.1-8 and another by the p......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....nt case, it is found that the suit land is a contiguous parcel of an undivided homestead upon which house of the defendant No.1 and other members of his family is situated. Though the suit land is stated in the kabala as chala land, it is a part of undivided homestead plot and that portion of th......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 44
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
....eing the investigating officer is formal witness who, therefore, proved nothing against the accused and that the High Court Division committed error in not considering that in the statement made before the court, the victim or her mother deposed nothing against the appellant and......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d together the High Court Division by the impugned judgment and order accepted the Death Reference and dismissed the jail appeal. 17. Md Abdur Rahman Bin Abdullah Bin Fazal in his lengthy petition stated, inter alia, “Aj amader deshe Nabi ((sa:) er bichar porikhar kore Musolmanra kaferder tairi......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....ioner Bangladesh Agricultural Development Corporation, in short, BADC, and Ministry of Finance, represented by the Secretary, Bangladesh Secretariat, Dhaka claiming a sum of Taka 53,44,55,437. It was stated in the plaint that the defendant No.1 i.e. the petitioner opened letter of credit (LC) for im...... any person aggrieved, make an order ……………………………………….. (ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority has been done or taken without lawful authority and ..Category: Business or Commercial Law | Date: | Hits: 135
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Khan on deceased Babujan. We will presently discuss and consider the material evidence on record. 8. PW 1 Hatem Ali, son of deceased Babujan, lodged the First Information Report in this case. He stated that one day before the date of occurrence the accused persons trespassed into their house an......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....ed or relinquished at an earlier date than on the date of actual completion of the sale under the law or thereafter. 11. In Halsbury's Laws of England, Third Edition, Volume 14, page 637 it is stated that "Waiver is the abandonment of a right, and is either express or implied from conduct. A ......vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... examine the magistrate. In criminal trial the prosecution is obliged to establish by evidence that the crime has been committed. Commission of dacoity has not been proved by adducing evidence except statement in the ejahar. When the occurrence has not been proved there is no reason to find that the...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ..Category: Criminal Law | Date: | Hits: 49
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
....order be forwarded to the Deputy Registrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ......order be forwarded to the Deputy Registrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ..Category: Criminal Law | Date: | Hits: 40
Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)
....ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ......ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ..Category: Criminal Law | Date: | Hits: 64
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....n 367 Cr.P.C. previously provided that if the accused is convicted of an offence punishable with death, and the Court sentences him to any punishment other than death, the court shall in its judgment state the reasons why sentence of death was not passed. The position then was that death sentence wa......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....come Tax Act cannot be brought within the ambit of the total income of the assessment. The Appellate Joint Commissioner in his order observed: — "In view of the fact and legal position stated as above the Act is directed not to include income from salary with the other parts of the ......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....cution and a number of documents proved. Upon a consideration of the evidence on record and the circumstances of the case, the learned Special Judge convicted and sentenced the appellant as already stated above. The appellant being aggrieved by the order of conviction and sentence took an appeal, ......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..Category: Criminal Law | Date: | Hits: 52
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 80
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