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Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)

....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 156

Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)

....gment and decree dated February 26, 1995 of the 2nd Court of Additional District Judge. Chuadanga, in Title Appeal No. 22 of 1994 affirming those of dated February 24, 1994 of the Court of Senior Assistant Judge, Damurhuda, Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was fi......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ..

Category: Property Law | Date: | Hits: 48

State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)

....ted method of administration of justice…………………..(40) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Faisal H Khan, Assistant Attorney-General, with him) instructed by B Hossain, Advocate-on-Record—For the App......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......and acquitted accused under sections 302/307/201/34 of the Penal Code. During trial 22 witnesses were examined by the prosecution. PW 1 Bimal Kumar Das being the informant as well as Investigating Officer was examined again as PW 23. The husband of the deceased was examined as a court witness. ..

Category: Criminal Law | Date: | Hits: 129

Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)

....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... complainant filed the petition of complaint for taking necessary steps. 3. On receipt of the petition of complaint, the Thana Magistrate, Balagonj, sent the same to District Anti-corruption Officer, Sylhet for taking necessary action by an inquiry and that on 2-9-1996, the Magistrate rece..

Category: Criminal Law | Date: | Hits: 37

Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)

....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 95

Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)

....was barred by limitation so the same was liable to be dismissed. 3. The decree-holder respondents filed an application for rejection of the said application as not maintainable. The learned Assistant Judge rejected the said application holding that the application under Order 21 rule 29 o......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)

.... Government money amounting to Taka 1, 25, 113.87 by abusing his official position as Nazir and thereby committed criminal breach of trust. On the basis of the aforesaid allegation, Foyezuddin Ahmed, Assistant Inspector of Anticorruption Bureau, Kishore­ganj, lodged FIR with Tarail Police Station a......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. ......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. ..

Category: Anti-Corruption Laws | Date: | Hits: 90

Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

....duced the forged copy of the petition of the afore­mentioned miscellaneous case, being Miscel­laneous Case No 337 of 1973 and the order said to have been passed in the miscellaneous case before the Assistant Commissioner (Land), Mirzapur for correction of the record of rights in their favour and t......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......the fact by means of evidence adduced by them to the dispute and a decision of the whole matter by finding upon the facts in dispute and the application of law to the facts so found.........A Revenue Officer holding an inquiry in a mutation proceeding, in the premises does not become a Court as he d..

Category: Criminal Law | Date: | Hits: 48

Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)

....6 restraining the defendants, who are the respondents herein, by an order of ad-interim injunction not to proceed with the Title Execution Case No. 9 of 2005 pending before the 6th Court of Senior Assistant Judge, Dhaka. 3. The Title Suit No. 220 of 2006 was filed seeking declaration of t......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 31

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....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 ......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 ......e loan and the law says such person is disqualified for holding office of the Chairman………………..(15 & 17) Cases Referred to — 40 DLR (AD) 10; Sheikh Abdus Sabur Vs. Return­ing Officer, 41 DLR (AD) 30. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by K..

Category: Election Law | Date: | Hits: 124

Comilla Electric Sup­ply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)

....     Tk. 1,43,263/- Tk. 4,28,599/- Depreciation allowed upto 31-12-1962 Tk. 597,957/- (Original Cost minus W.D.V. - i.e. Tk. 7,41,240/- minus Tk. 1,43,283/-) On appeal the Appellate Assistant Commission­er has confirmed the assessment. 5. The Appellate Tribunal considered the c......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. ......nd the price was de­cided as per valuation mutually agreed upon. During the Assessment year 1964-65 the Assessee appellant submitted income tax return showing loss of Tk. 63,751/- but the Income Tax Officer, Circle II, Chittagong did not accept the same and made assessment on a total income of Tk. ..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Abdul Mannan Taluk­der Vs. BD House Buil­ding Finance Corpora­tion and another, 1989, 18 CLC (AD)

....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..

Category: Labour and Industrial Law | Date: | Hits: 111

Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)

....after. He stated in cross-examination that the signature reading "Moslemuddin" in page 11 of the Relief Register does not seem to be in the hand of accused Mosle­muddin". P.W.5 Md. Abdur Rahim is an Assistant attached to the office of the Deputy Commissioner, Bogra. He used to maintain the Allotmen...... this convic­tion cannot be sustained. In the result, the appeal is allowed. The or­der of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......ny application seeking allotment of re­lief powder milk nor he took delivery of the same. It was further stated that Lutfor Rahman and Abdur Rahman, two employees of the office of the Sub-Divisional Officer, Bogra, lifted 10 bags of milk powder by means of false personation using his name. The tria..

Category: Anti-Corruption Laws | Date: | Hits: 125

Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)

.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......te and obtained nomination paper which was duly filed in. Respondent No.1 in the aforesaid Writ petition alleged that while he along with his supporters 'proceeded towards the office of the Returning Officer to submit the nomination pa­per, he was obstructed by the armed gangs of the ap­pellant. T..

Category: Election Law | Date: | Hits: 112

Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)

....n their affidavit-in-opposition. It is also found that no affidavit was filed by the Ministry of Home Affairs within the time allowed by the Court nor even after further lime was taken by the learned Assistant Attorney-General for the purpose. Indeed no affidavit was eventually filed confirming the ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..

Category: Property Law | Date: | Hits: 54

Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)

....gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ...... 9th to 16th April, 1988. In that Writ petition respondent No. 1 asserted that the polls were held peacefully in the aforesaid two centres on 10th February 1988; that the results were declared by the Presiding Officer and sent to the Returning Officer in Form 'K'; and that after consol­idating the ......th April, 1988. In that Writ petition respondent No. 1 asserted that the polls were held peacefully in the aforesaid two centres on 10th February 1988; that the results were declared by the Presiding Officer and sent to the Returning Officer in Form 'K'; and that after consol­idating the result rec..

Category: Election Law | Date: | Hits: 111

Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)

....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......idence to show that the suit premises was ever handed over to the Law Department or that it vested in the Law Ministry. At the longest plaintiff claimed the suit premises was occupied by the Judicial Officers since 1920. Next, it was found that no evidence had been produced to show that the suit pre..

Category: Property Law | Date: | Hits: 30

Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)

....e appellants. The order of the learned assistant judge has rightly been set-aside by the High Court Division. In deciding an application under Order IX, rule 13 of the Code of Civil Procedure learned Assistant Judge cannot restore the suit in exercise of inherent power under section 151 of the Codeâ......the submission made by the learned Advo­cate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......the submission made by the learned Advo­cate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74...

Category: Procedural Law | Date: | Hits: 88

Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)

....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. ......quiry to make a finding of fact as to truth or otherwise of the allegations made by the appellant. When the Election Commission directed consolidation and acceptance of the result as submitted by the Presiding officer, the High Court Division could not sit on judgement over it and direct repoll…â€......on was held on 10.2.88. Dispute arose over election at the Munshirhat High School Centre in Ward No. 3 According to the ap­pellant there was no peaceful election in the said centre but the Presiding Officer counted the votes and submitted a result in TA Form. At the instance of the appellant, the E..

Category: Election Law | Date: | Hits: 125

Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)

....mber, 1986 passed by the High Court Division, Dhaka in Civil Order No. 988 of 1986). Judgment ATM Afzal J.- 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 ti......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. ......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