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Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....aintiffs for temporary injunction against defendant Nos. 1 and 2 the Subordinate Judge made an interim order on 16 June, 1996 directing the parties to maintain status quo respect of possession of the disputed CS Plot 71 measuring 0.41 acre of land. The plaintiffs subsequently made another applicatio......urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ..Category: Property Law | Date: | Hits: 101
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......cused No. 1 (the petitioner) and accused No.2 persuaded the complainant to make over Taka 3,00,000.00 which he had with his brother-in-law and also 5 cheques for a total amount of Taka 4,00,000.00 holding out hopes that they would run a fish business in Saudi Arabia which would fetch a good prof..Category: Criminal Law | Date: | Hits: 79
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......ellip;………..Defendant Judgment April 28, 1997. Principle of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in view of the provision of section 205 of the Hindu Law alienation of the suit land t..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....redited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of income by over-riding title is fully attracted. The disputed amount never reached the appellant as its income.……………&......nce, 1984 referring two questions of law for decision which are as follows: “(i) Whether in the facts and circumstances of the case the Tribunal was legally justified in holding that the difference arising out of refixation of price of stock of petroleum products is w..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....g before the aforesaid amendment. But instead he filed the writ petition which was thus liable to be dismissed. 13. The learned Additional Attorney-General submitted that it cannot be disputed that the decision of the Tribunal was given having full jurisdiction. If the impugned dec......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....of the acquired land in favour of the plaintiffs. In other words, the question is whether there was a valid and lawful agreement between the plaintiffs and the defendants to be enforced. It is not disputed that the suit land was acquired by the Government as far back in 1911 under the Land Acqui......y the plaintiff-respondents, set aside those of the learned Subordinate Judge and decreed the suit. 7. Leave was granted to consider (i) whether the High Court Division erred in not holding that Rule 135 of the Land Acquisition Manual was binding upon the appellant since violation..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......las was wrongly allowed by the trial court after receipt of the record from the appellate court to pass a decree in terms of the compromise petition and the High Court Division was not justified in upholding the amendment ………………(9 & 10) Lawyers Involved: SS Halder, Senior Adv..Category: Procedural Law | Date: | Hits: 149
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
.... Advocate General is that, since in respect of the locality in question a notification under sub-section (2) of section 43 has been made, and since the Revenue Authority were satisfied that the disputed lands constituted fishery the same have vested in the Provincial Government. We are unabl......fore, is that whatever is not retainable vests in the Government by operation of law and that too free from all encumbrances. We are, therefore, of the view that the High Court was not right in holding that the interests of tenants of raiyats such hats and bazar had not vested in Government...Category: Property Law | Date: | Hits: 90
.... on an earlier occasion, an order of injunction was found to inappropriate but the same cannot be a routine matter to be followed under all circumstances.
13. Mr. Ahmed upon referring to certain disputed facts as to difficulty of running the company involving the two Executive Directors (which ......e Articles (of Association) or the Statute, because it is the company and not the Court which is responsible for its management. The High Court Division having found, apparent breach of section 95 in holding the impugned meeting granted the temporary injunction. No illegality in the order………â€..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....er, to say the least, appears to have the prima facie liability to pay supplementary duties as imposed in the Finance Act, 1996. Why should he be allowed not to pay supplementary duties at all? The disputed increase in supplementary duties is the issue, not the duty itself. The development surch......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....nce of forgery which was found to have been committed both by the trial Court and the High Court Division upon a misconception of fact and law. Mr. Malek submits that the defence case was that the disputed heba-bil-ewaz deeds were genuine and they were executed by Sabirul Akanda Chowdhury in sou......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....No. 3771 was Abed Pradhan who died leaving behind 5 sons and 2 daughters. The informant and his brother claimed inheritance through the two daughters of Abed Pradhan, They had no possession in the disputed land. They obtained an ex parte decree in a partition suit against which a miscellaneous c......ty was carrying on any assault as may reasonably cause the apprehension that ether death or grievous hurt will otherwise be the consequence of such assault the High Court Division was not wrong in holding that the accused petitioner exceeded his right of private defence………&h..Category: Criminal Law | Date: | Hits: 96
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......pecial Judge has jurisdiction to try the accused who is a public servant charged with an offence under section 5(2) of Act II of 1947. The learned Single Judge of the High Court Division was wrong in holding that the accused could not be tried under Act II of 1947 along with other Penal Code offence..Category: Anti-Corruption Laws | Date: | Hits: 81
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......on the self-same evidence was discriminatory cannot be brushed aside. 12. While considering the case of the appellant the High Court Division observed that the evidence of the doctor holding post-mortem examination of the deceased tallied with the wound as was alleged to have been ..Category: Criminal Law | Date: | Hits: 104
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....agreement and PW 3 as one of the attesting witnesses of the agreement also proved his signature as well as the signatures of the defendant therein, and DW 1, the son of the defendant, in his evidence disputed the signature of his father in the said agreement stating ÒGB Pzw³c‡Î Bnv Avgvi wcZvi ...... 4. Besides production of documentary evidence the plaintiff examined 4 witnesses including himself as PW 1 and the defendant examined 3 witnesses. 5. The trial Court decreed the suit holding, inter alia, that the defendant is a defaulter having defaulted in making payment of rent fo..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....cation to have been made without lawful authority and of no legal effect. 7. The learned Counsel for the petitioner, Export Promotion Bureau, urged before us that the writ petition involved disputed question of facts for which no writ lay; secondly, the order of the Government upon which ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......ect that the acquisition proceeding stood abated. 5. Mr. SR Pal, learned counsel for petitioners, submits that there is an error of law apparent on the face of the record in deciding the matter in holding that the determination of the compensation payable under section 10 of the Ordinance is esse..Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....d. Mr. Yousuf also does not make any point out of this survey report as because his main claim is total repudiation of the claim as not covered by the two insurance policies. 14. It is not disputed that public power supply failed at 6-00 PM on 18-5-91 and the plaintiffs freezing plant w......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 147
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......tition No. 579 of 1994] Judgment July 9, 1995. The State Acquisition and Tenancy Act, 1950, (XXVIII of 1951), Section 96 Pre-emptor was not a tenant of the case holding recorded in S.A. Khatian No. 185, whereas the respondents were co-sharers by purchase in th..Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
.... a legal and proper sentence has been imposed upon the appellant in view of the facts and circumstances of the case. 4. Kazi Shahadat Hossain, learned Advocate for the appellant, submits that the disputed kabala was obtained by the appellant’s father and his uncle, when the appellant was a min......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ..Category: Anti-Corruption Laws | Date: | Hits: 71
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