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....fter the property of the deity and so the plaintiff No. 2 have no right to file this suit. The learned Joint District Judge, after hearing, by judgment and decree dated 8.1.2005 decreed the suit in part i.e only declaring that the power of attorney executed by Binode Behari Dutta on 9.7.98 in favo......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
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Category: Civil Law | Date: | Hits: 111
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......l Police Station after conducting preliminary enquiry into the matter and the Anti-Corruption officer entrusted him with the responsibility of holding investigation subsequently. He completed the investigation work and thereafter, on obtaining sanctions orders of the Government, submitted ch..Category: Anti-Corruption Laws | Date: | Hits: 90
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....m Mollah, and the Jail Appeal Nos. 490 of 2002 and 493 of 2002 filed by Rabiul Mollah). 2. By the aforesaid judgment the High Court Division rejected the Death Reference and allowed the appeals in part. The High Court Division commuted the sentence of death passed in respect of the convicts Idris......nt's father and also disclosed name of the six other dacoits including Abdus Salam Mollah. Over the said incident information was lodged with the police station at Modhukhali. 10. On completion of investigation, charge sheet was submitted against 8 (eight) accused persons. In due course the recor..Category: Criminal Law | Date: | Hits: 63
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....Upazila Administration Re-Organisation) Ordinance, 1982 (Ordinance No. 59 of 1982) Section 6(2)(f) Considering the evidence that has been adduced in this case it is found that the respondent was a party to a contract with the Upazila Parishad and his pecuniary interest had continued at the time w......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....1st March, 1987 but respondent No.1 did not pay that installment. The High Court Division discharged the Rule after holding that the repayment of the loan means repayment of the entire loan and not a part or instalments of the loan and respondent No.1 had time to pay the loan upto 31st March, 1990......erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....mstances namely "while the assessee company was conducting its business of the generation and supply of electricity in the town of Comilla, EPWAPDA started parallel electric line. For want of spare parts, etc. the assessee company was facing difficulty in meeting the demands of its customers. Th......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....f the Act was served in the locality or on the plaintiffs as required by law for acquisition. An Additional Deputy Commissioner (Development) passed an order to serve fresh notice on the opposite parties under the said sections, being satisfied that no such notices were served before, but the fi......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....x-facie without jurisdiction. The High Court Division could itself interfere, notwithstanding correctly observing that there was an alternative remedy under section 7 of the Ordinance, in view of the particular facts of the case. Having entertained the writ petition when court of Settlement was not ...... the misinformation that these properties might belong to Mr. Wahiduzzaman, husband of the appellant. In view of the order of attachment the appellant had to vacate the said house and thereafter an investigation was made at the instance of the appellant with regard to the right title, interest and..Category: Property Law | Date: | Hits: 54
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....pplication. Facts may be noted Kabala under pre-emption is dated 8.4.74. Pre-emption case was filed on 2.5.74. Written objection was filed on 30.11.74. It was contended that the pre-emptor opposite party No. 1 had no opportunity in deposit the balance consideration with statutory compensation with......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
.... the Government by a deed of transfer in April’ 1977. The land was acquired for erection of multi-storied school building including Science Building, humanities, commerce and technical training departments, students hostels, residences of teachers, students library, common room, swimming pool ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....k the view that the impugned order so far as it relates to the recounting of votes of Munshirhat High School Centre was passed without lawful authority and accordingly the rule was made absolute in part. 4. At the time of hearing of the leave petition the learned advocate for the appellant mad......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ..Category: Election Law | Date: | Hits: 125
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
.....- The appellants are defendant Nos. 1-4 in Other Suit No. 245 of 1984 of the Court of Assistant Judge, Cox's Bazar. The Suit was filed by plaintiff-respondent No. 2 for declaration of title to and partition of the suit land. On the application of the appellants, an Advocate Commissioner was app......ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 94
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....e decision of the Screening Committee………..(9) Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record.—For the Appellant. Ex parte—Respondents. Civil Appeal No. 160 of 1983. (From the judgment and order dated 28.3.83 ......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
.... June 5, 1989. Result: The appeal is dismissed. The Limitation Act, 1908 (IX of 1908), section 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 will apply to the case i.e. time will begin to run when the plaintif......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..Category: Procedural Law | Date: | Hits: 132
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
.... original CS plot beforehand but that demarcation of plaintiff’s share out of S.A. plot No. 1162 will be done by the advocate commissioner before final decree having regard to all the principles of partition and the defendants can take objection, if any, before the decree is made final…………......2. In the First Appeal the only objection was regarding identity of the suit land. It was sought to be contended that unless the specific portions of C.S. Plot Nos. 16, 17 and 19 are relayed by local investigation, it cannot be said which portion of those three plots comprises S.A. Plot No. 1162. Th..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....ondents Judgment June 21, 1989. The Partition Act, 1893 (IV of 1893), section 4 The suit property never lost its character of an undivided homestead because there had admittedly been no partition by metes and bounds by any previous arrangement. There is no time limit for filing an appl......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ...... away Motahar from his house, that in the afternoon the dead body of Motahar was found in Dewarbhaga Khal and, on recovery thereof, was identified by his brother (P.W. 1), and that following police investigation the respondents were charge sheeted for an offence under sections 302/34 Penal Code. ..Category: Criminal Law | Date: | Hits: 43
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
..........................………………..Respondent Judgment March 20, 1989. The Code of Criminal Procedure, 1898 (V of 1898), sections 417, 418 & 423 The High Court Division made no departure from the principles enunciated by the Privy Council, Indian and Pakistan Supreme Courts in p......med (45) on 15.7.83 and found 10 sharp-cutting injuries on his person mostly on the head. P.W.12 seized some alamat from the P.O. and prepared a sketch map (Ext.3). He examined some witnesses but the investigation was completed by the Officer-in-Charge of Banshkhali P.S. Md. Abdul Khaleque Bhuiya (P..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....udge and it was recorded in the Order-sheet that the "Charge-sheet received", without, however, mentioning that the Charge-sheet was received along with the order of sanction. Secondly, no witness, particularly the Investigating Officer, deposed that he submitted the Charge-sheet after obtaini......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41
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