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Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....on 87(1) does not depend upon Collector's discretion. But if the landlord enters upon the holding by serving a notice, the raiyat may file a suit for recovery of possession of the land at any time not later than expiration of two years from the date of publication of the notice. The origina......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....rectly restored the order of the trial court. The petition is therefore dismissed……….(8) Order obtained on 31-10-1984 from the Appellate Division by suppression of the real fact that by that time possession had already been taken after completion of the joint inventory, no contempt had been...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161...Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....r committal of Mujibur Rahman Sikder for contempt of Court for the violation of the terms imposed by this Court in the aforesaid judgment. Though this Criminal Miscellaneous petition was filed some time after July 13, 1982, the date of judgment of the aforesaid appeals, it could not be heard immed......filed Title Suit No.371 of 1980 in the 3rd court of Subordinate Judge, Dhaka for a declaration that the firm already stood dissolved, alternatively for dissolving the firm, for accounts and for the appointment of a Receiver, while Mujibur Rahman Sikder filed Title Suit No.16 of 1981 for temporary ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....nd the trial Court held another circumstance to be sufficient corroboration of the confessional statement. It is that black ink-mark was found in the left thumb of the deceased Rahim Farazi at the time of his inquest. This is certainly corroborating evidence, strengthening the confessional s......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
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....ance No. VIII of 1982) and section (2) says, that the provisions of this Ordinance shall be in addition to, and not in derogation of, the Drug Act, 1940 (XXIII of 1940), and any, other law for the time being in force shall have effect notwithstanding anything to the contrary in that Act or in an......hall have the same meaning as in the Act. 7. Consequently, the Drug Act, 1940 is to be looked into for appreciating the contention raised by the learned Counsel. Section 21 provides for appointment of Inspector and section 22 deals with the powers of Inspector. He may with the pe..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
.... 1984. Words and Phrases Nobody can be allowed to take advantage of his own fault. The Defendant no. 2 himself being Managing Director of the Defendant Company and at the same time Director of the Plaintiff Bank and the statement by him before Court of Law about liability of......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ..Category: Business or Commercial Law | Date: | Hits: 139
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......ea, Dhaka. In reply please refer to 5600 Appointment as Industrial Oil& Lubricant Dealer. Dear Sir, With reference to your application dated 25.2.77 for appointment as Industrial Oil and Lubricant Dealer at Dhaka. We are pleased to appoint you as our '..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
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
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