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Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....deration such confession against such other person as well as against the person who makes such confession." This section simply makes the confession of a co-accused a relevant fact; in other words, the confessional statement of a co-accused is admissible against oth......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. ......llip;…………. (8,10) Cases referred To- Bhuboni Sahu vs. The King, 76 Indian Appeals, 147; Joygun Bibi v. The State, PLD 1960 SC 313=12 DLR-SC-156; Gul Hassan and another Vs. The State, PLD 1969 SC 89; Md. Bashir V The State, Supreme Court Monthly Repo......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)
....der section 65 of the Banking Companies Ordinance, section 4 of the Bankers Evidence Act, 1891 and the entries in the books of the plaintiff Bank regularly kept in course of business were relevant and also that D.P. notes, the resolution of the defendant company, Ext.3, letter Ext...... 1 obtained leave from this Court to consider whether a judgment of reversal could be passed taking into consideration the entries which were 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 ......dhury ATM Masud J Syed Md. Mohsen Ali J Planters (Bangladesh) Ltd..............................................Appellants Vs. Mahaluxmi Bank Ltd. (in liquidation) and others.............Respondents Judgment February 9, 1984. Words and Phrases.......2. But the fact remains that the mortgage debt of the .Model Bank was satisfied with the money that was taken from the plaintiff-Bank. In that view of the matter the plaintiff having filed the documents as mentioned above to prove the debt and the defendant having not been able to prov..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....ender itself. In rejecting the contentions of the appellant's Counsel the learned Judges of the High Court Division held as follows: "We have considered this argument and the relevant papers and we are of the opinion that the defendant No.'s tender was accepted not in viola......self. In rejecting the contentions of the appellant's Counsel the learned Judges of the High Court Division held as follows: "We have considered this argument and the relevant papers and we are of the opinion that the defendant No.'s tender was accepted not in violation of a...... Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment December 4, 1984. Words and Phrases ......ender, since she is not an agent or distributor, but only a dealer. 10. To show that respondent No.1 fulfilled the qualification to submit the tender, Mr. Hakim took us through the following documents. By the document first cited by him respondent No.1 was appointed distributor ..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
.... have considered this plea and rejected it in view of total absence of evidence or circumstances supporting the plea. The plea was that these three accused persons were in Rajshahi Hospital at the relevant time and as such they were not found in their house by a process server who had gone to se......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. ......Court Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Joynal Abedin and others...........Appellant Vs. The State ………&he......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)
....contract much later on 5-2-1989. This decree is not for a declaration that the suit property is not an abandoned property. In that view of the matter the High Court Division misdirected itself into irrelevant matters and did not take the core matter of possession. Control and management of the suit ......as of his own and denying the execution of agreement for sale of the case property to the respondent No.1 as constituted attorney of Wali Mohammad. It was also contended by the appellant that all the papers of respondent No.1 were forged and collusive. 7. It may be mentioned the Court of Settlem......Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2002. Cases Referred T......made the Rule absolute obtained challenging the legality of the judgment and order of the Court of settlement in Case No. 397 of 1989 upon observing "The critical analysis of the aforesaid papers and documents led us to hold that the petitioner is after the suit property since 1970 and showed his im..Category: Property Law | Date: | Hits: 40
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....provisions of this Act in respect of the total income, of the previous year or the previous years as 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 liabilit......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ...... Commissioner of Income Tax, Dhaka North Zone, Dhaka……………Respondent all cases. Judgment July 16, 1984. Cases Referred To- Sarupchand vs. Commissioner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Pakis......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......ul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jarina Khatun & ors................................Appelants Vs. Pulin Chandra Das and others........................Respondents Judgment July 29, 1984. ......llow from the declaration prayed for in the plaint, the contention that there was no question of limitation does not appear to be unacceptable. Where it is found after taking evidence that certain documents are null and void being fraudulent such document may be cancelled after declaring those n..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ......, the learned Advocate-on-Record for the petitioner and Mr. Md. Nawab Ali, the learned Advocate-on-Record-for the respondents and perused the judgment of the High Court Division and other connected papers. 5. The High Court Division after hearing the learned Counsel for the parties and con......ar Ahmed, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 415 of 2005 (From the judgment and order dated 12.04.2005 passed by the High Court Division in Criminal Miscellaneous Case No. 28...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ..Category: Criminal Law | Date: | Hits: 45
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ......tioners have filed this petition for leave to appeal. 6. We have heard Mr. Md. Nawab Ali, learned Advocate-on-Record and perused the judgment of the High court Division and other papers on record. 7. It appears that the accused petitioners moved the High Court Divi...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Akbar Ali and others…………………………&hell...... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ..Category: Criminal Law | Date: | Hits: 45
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ......ication altering capital punishment to imprisonment for life. 13. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 14. It appears that the High Court Division upon considering the evidence ......;………..Respondent Judgment October 12, 2008. Lawyers Involved: Probir Haider, Advocate (appeared with the leave of the Court) instructed by Bivash Chandra Biswas, Advocate-on-Record-For the petitioner. Not represented-the Respondent. ......interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......s noticed earlier. 5. We have heard Mr. Monsur Habib, the learned Additional Attorney General for the petitioner and perused the judgment of the High Court division and other connected papers on record. 6. The High Court Division held that “In view of the fact that the d...... by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 527 of 2006 (From the judgment and order dated 04.05.2006 passed by the High Court Division in Death Reference No. 128 of 2003 wi......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ..Category: Criminal Law | Date: | Hits: 45
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....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. ...... Rokonuddin, Hannan Sheikh and Mijan Sheikh. 4. We have heard the learned counsel and perused the petition and the impugned judgment and order of the High Court Division and other connected papers. 5. As it appears the High Court Division dismissed the appeal filed by the pe...... Supreme Court Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Abu Sayeed Sheikh alias Abu Sayeed and another………………………….Petition......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
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......urt Division the petitioners have filed these jail petitions. 12. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. It appears that both the courts below considered the confessional stat......volved: A.B.M. Bayezed, Advocate-For the Petitioners. J.B.M. Hasan, Deputy Attorney General-For the Respondent. Jail Petition Nos. 20 And 21 of 2007. (From the judgment and order dated 13.08.2007 and 14.08.2007 passed by the High Court Division in Death Reference No.......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ..Category: Criminal Law | Date: | Hits: 41
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....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. ......oners have filed this petition for leave to appeal 10. Heard the learned Advocate-on-Record and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 11. It appears that the High Court Division found that the subject matter ......Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J The Chittagong City Corporation, City Corporation Bhaban, Anderkilla, Police Station-Kotwali, District-Chittagong and other……….....Petitioners Vs. The Executive Engineer, Public W......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
....ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......vocate-on-Record for the petitioners and Mr. A.K.M. Shahidul Huq, the learned Advocate-on-Record for the defendant Nos. 1 and 2 and perused the impugned judgment of the High Court and other connected papers on record.
8. The High Court Division held that the defendant- petitioners have no route ......ed in: VI ADC (2009) 330.
......ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
..
Category: Civil Law | Date: | Hits: 118
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....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. ......lot No. 1642 of the suit land; that the plaintiffs have neither title nor possession; that though the defendants have auction purchased the suit jote but they have failed to file and prove any papers relating to the auction purchase; that the defendant have been possessing the suit land for ......vision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdus Samad and others…………………………&hell......;mise petition it show that the fact of auction purchase and settlement in favour of defendant Nos.1 and 2's predecessor was admitted in the said compromise petition. It appears from the other documents produced by the defendant Nos. 1 and 2 that they have been in possession in the suit..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......etitioners have filed this petition for leave to appeal. 17. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 18. In view of the facts and circumstances of the case no leave is called ......me Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J A.H.M. Quamruzzaman and others…………………………..Petition......ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ..Category: Property Law | Date: | Hits: 38
Commissioner of Customs, Customs House, Dhaka and others Vs. Abdur Razib, 2008, 37 CLC (AD)
.... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ......of the said Air Conditioner at a total C & F Value of US$ 9,712.00. 3. On arrival of the goods, the writ petitioner presented Bill of Entry No.025572 dated 1.10.1999 along with all papers and documents for release of the said goods on the basis of SRO No.126/AIN/99/1789/CUS dated...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J The Commissioner of Customs, Customs House, Dhaka and others…………..Petitioners Vs. Abdur Razib…&helli...... Air Conditioner at a total C & F Value of US$ 9,712.00. 3. On arrival of the goods, the writ petitioner presented Bill of Entry No.025572 dated 1.10.1999 along with all papers and documents for release of the said goods on the basis of SRO No.126/AIN/99/1789/CUS dated 10.6.1999...Category: Fiscal/Taxation Law | Date: | Hits: 62
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
.... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ...... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vickchand Miah and others..........Defendant-Appellants Vs. Khurshida Khatun & ors ..........be of any substance. The trial court's finding that the disputed Kabala was not a genuine one had not been reversed by any of the courts below and therefore the consideration which of the two documents the heba-bil-ewaj in favour of the plaintiffs or the Kabala in favour of the defenda..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....for specific performance of contract. The appellant was also party in the case filed before the Court of settlement and also in the writ petition. The appellant had the opportunity to produce relevant papers to show that Md. Ziaul Islam was not actually in possession of the case property. T......fic performance of contract. The appellant was also party in the case filed before the Court of settlement and also in the writ petition. The appellant had the opportunity to produce relevant papers to show that Md. Ziaul Islam was not actually in possession of the case property. The questi...... represented by the Secretary Ministry of Works, Bangladesh Secretariat Building, Dhaka......... Appellant. Vs. The Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka and others.........Respondents. Judgment July 8, 2003. Case Referred to- ...... 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
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