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Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....um Marketing Co. Ltd. as per schedule attached and will be received simultaneously by the undersigned, the S.E. (RHD), Dhaka Road circle, Dhaka & Addl Chief Engineer (RHD), Dhaka upto the time and date as mentioned in item 6 above and will be opened on the same day at 12-05 P.M. in pres......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....an Assistant Sessions Judge, Rangpur under sections 304/34, 147 and 448 of the Penal Code. They pleaded not guilty taking the defence that no incident took place in the manner and at the place and time as alleged by the prosecution, that three of them, Joynal Abedin. Anwar Hossain and Sobhan wer......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)
....respondent No.1 (in the Writ Petition, herein appellant) most illegally enlisted the property in violation of the provision of Section 5 of the Ordinance in the 'ka' list of abandoned properties at a time while the suit for specific performance of contract was pending and that he (respondent No.1 he...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....ld or such other or further order or orders passed as to this Court may seem fit and proper". 6. It may be mentioned other relief sought (as quoted hereinbefore) was rejected at the time of issuance of the Rule. 7. While the writ petition was awaiting final hearing the wri......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....untancy but the method of accountancy and the only requirement in respect of the method of accountancy is that the method must be regularly employed, either from the beginning or from the time when, the method is changed. Section 13 speaks of method of accounting and did not speak of a......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
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ...... imposes in default of payment of the fine shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... "We therefore, hold that as in substance the name of the defendant No.1 appears in the plaint the present description is only a clerical mistake which can be amended at any time without any prejudice to the plaintiff and for the ends of justice we canno...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... sales under which the appellant claims to derive the title. 6. To decide this point it would be necessary to have a look at the provisions of Section 9 (1) of the Act as amended from time to time till 1961 to determine whether the section as amended till that date had any retrospec...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....s power, the Court would no doubt, be reluctant to allow such an amendment, which would have the effect of totally altering nature of the suit, or take away a valuable right accrued by lapse of time, but wherein the circumstances of the particular case, it would be plainly inequitable to ref......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ..Category: Property Law | Date: | Hits: 38
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
.... which there was a dispute, occupied the same and on hearing the same the victim told Mohar Ali that action against above accuseds would be taken on the following day and the accuseds, who at that time were passing through the WAPDA Road which runs by the side of the house of Surjabahan, hav­......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)
....tion and sentence of death passed on 01.12.2003 by the learned Additional Sessions Judge, 2nd Court, Brahmanbaria in Sessions Case No.24 of 2002 under Sections 302/34 of the Penal Code. At the same time the Death Reference under Section 374 of the Code of Criminal Procedure submitted by the lear......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)
....construction of the Shishu Park was completed and the park was opened for the General Public with the full satisfaction of the all concerned and that there is no allegation within long span of time that the City Corporation has violated any terms of the agreement and their activities ......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
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....the, employees of the RRI. Though the petitioner used to work previously in the Bangladesh Water Development Board, he was no more an employee of the Bangladesh Water Development Board at the time of retirement and voluntarily opted for the service under RRI under its existing law. Though t......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ..Category: Employment/Service Law | Date: | Hits: 92
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....ase for the land in question, but the petitioner failed to prove such assertion in any court and all the courts below concurrently held that the petitioner is a co-sharer and failed the case within time after performing all within the formalities and allowed pre-emption in favour of the responden......ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ..Category: Property Law | Date: | Hits: 33
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....ation of Tk. 1,00,000/- is thus triable by a Single Bench instead a Division Bench of the High Court Division ignored the submission of the learned Advocate for the petitioner at the same time the jurisdiction given under the Rules of this Court. 7. As regards the submissions of ......ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ..Category: Property Law | Date: | Hits: 32
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
.... of the plaintiffs. 4. On consideration of the evidence the learned Munsif found the deed of heba-bil-ewaj to be genuine one. He then noticed utter discrepancy of evidence regarding the time, place and manner of execution of the disputed kabala and also the facts that the defendants r...... 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. ..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....apers to show that Md. Ziaul Islam was not actually in possession of the case property. The question that Md. Ziaul Islam was not in possession of the case property having been raised for the first time before this Court, there is no scope of considering this question at this stage by this C...... 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
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
.... order dated 6.4.97 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Misc. Case No. 89 of 1987, directing defendant respondent No. 1 Mrs. Sakin Bai to appear in court personally at the time of hearing of the said case for her examination in Court. 2. The relevant facts are......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ..Category: Procedural Law | Date: | Hits: 96
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
....in. But there was no appearance from their side. After a number of adjournments the learned Assistant Judge on 2 May 1987 examined the plaintiff and deferred the order till 2 July 1987. In the meantime on 16 June 1987 Begum Shamima Naz Siddique (the respondent) wife of the aforesaid Nurul Islam ...... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ..Category: Property Law | Date: | Hits: 31
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....g settlement appears to be not genuine, that the plaintiffs have admitted claim of the defendants about purchase of .10 acre of land from Prabhat Chandra Shil, that the defendants although at the time of trial claimed that they took settlement of .61 acre of land by the‘আমলদারী......view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ..Category: Property Law | Date: | Hits: 45