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Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ...... obligatory and the remaining four conditions are in respect of the wealth on which Zakat is obligatory: 1. The person concerned must be a Muslim i.e. he must have complete and absolute faith in the oneness of Allah, the Almighty and his Prophet Hazrat Muhammad (Peace be upo..Category: Fiscal/Taxation Law | Date: | Hits: 145
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....e High Court Division under section 561A of the Code of Criminal Procedure seeking to quash the above proceeding of the Non FIR Case No.793 of 1997 and after hearing the High Court Division, made the Rule absolute and directed the respondent No.2 to hand over possession of Holding Nos.59 and 59/......h Court Division under section 561A of the Code of Criminal Procedure seeking to quash the above proceeding of the Non FIR Case No.793 of 1997 and after hearing the High Court Division, made the Rule absolute and directed the respondent No.2 to hand over possession of Holding Nos.59 and 59/1 Pur..Category: Criminal Law | Date: | Hits: 62
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
.... Shahidul Islam-For the opposite party No. 2. Ms. Maksuda Akter, Assistant Attorney General-For the State. Criminal Miscellaneous Case No. 3889 of 2005. Judgment Md. Rais Uddin J. - This Rule on an application under section 561A of the Code of Criminal Procedure was issued at the instan......oes not constitute any criminal offence under section 406/420 of the Penal Code." 12. In view of the above decisions and discussions, we find merit in the rule. In the result, the rule is made absolute. The impugned proceedings in C.R. Case No.54 of 2004 under section 420/406 of the Penal Cod..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
.... Md. Ekram Hossain Bhuiyan ………......Pre-emptee-appellant-petitioner Vs Matiar Rahman Bhuiyan and others……………...Opposite parties Judgment July 31, 2008. Result: The Rule is made absolute. Cases Referred to- 35 DLR (AD) 54, 60 DLR 270 & 35 DLR 238. Lawy......Hossain Bhuiyan ………......Pre-emptee-appellant-petitioner Vs Matiar Rahman Bhuiyan and others……………...Opposite parties Judgment July 31, 2008. Result: The Rule is made absolute. Cases Referred to- 35 DLR (AD) 54, 60 DLR 270 & 35 DLR 238. Lawyers Involved:..Category: Property Law | Date: | Hits: 37
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....e Respondents. Writ Petition No. 10488 of 2006. Judgment Md. Nuruzzaman J.- This Rule Nisi was issued calling the respondents to show cause as to why the long and unreasonable stay...... 15. For the discussion made above, we are of the view that there is substance in the submission advance by the learned Counsel for the petitioners. 16. In the instant the Rule is made absolute without any order as to the costs. 17. The order of stay dated 28.10.2004 issued by..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....espondent No. 4. Writ Petition No. 2147 of 2007. Judgment Md. Nuruzzaman J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the Memo No. 07(X&ET......pointing the Principal and as such the petitioner is entitled to get prior approval for appointment as a Principal of Abdul Jabber College. But the respondent No.3 issued the impugned Memo which is absolutely illegal, malafide, without jurisdiction and is of no legal effect. 7. He has fur..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....the right to bring an action or to be heard in a given forum.” 28. In this regard, another aspect of the case could not be lost sight of as the appellant-Judges were neither given notice of the Rule nor were given any hearing before dislodging their constitutional position as a Judge and that ......l Bench thereafter by the impugned judgment dated 17.8.2008 discharged the rule in Writ Petition No.3217 of 2003 as not pressed and made the other two rules in Writ Petition Nos.1543 and 2975 of 2003 absolute directing the respondent Government to appoint the following 10(ten) Additional Judges as p..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....ad Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 12.02.2007 passed by the High Court Division in Civil Revision No.678 of 2002 discharging the Rule under Section 115(1) of the Code of Civil Procedure affirming the judgment and decree dated 19......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
.... Division observed that the facts and circumstances of that case are quite different and not identical with those of present case. With the aforesaid finding the High Court Division discharged the Rule. 6. In view of the above, we find no substance in the submissions of the learned Advoc...... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
.... This petition for Leave to Appeal is directed against the judgment and order dated 29.01.2007 passed by a Division Bench of the High Court Division in writ petition No.8488 of 2005 discharging the Rule. 2. The facts leading to the writ petition are that for establishment of Jute Mills, th......he Deputy Commissioner’s Office, causing loss and damage as well as interference in the management affairs of the petitioner’s company. 3. The High Court Division made the Rule absolute directing the Respondent Nos.1 and 2 to evict the illegal occupiers of 10.17 acres of land..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
....d Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 06.11.2006 passed by the High Court Division in Civil Revision No.2350 of 2002 disposing of the Rule setting aside both judgments and decrees of the Courts below declaring all the suit schedule ...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....ne of BDR force are governed by The Bangladesh Rifles Order, 1972(P.O. No.148 of 1972), The Bangladesh Rifles (Special Provisions) Ordinance, 1976 (Ordinance No. LXXXV of 1976), The Bangladesh Rifles Rules, 1971, The Rifles Regulations, 1922 and other relevant rules made by the Government (herein af......der such law which will be protected against retrospectivity doctrine due to the nature of the crime as protected under the constitution. 60. What legislation should be passed by the Parliament is absolutely a matter within the domain of the legislature, an independent and separate organ of the R..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....p; SAN Mominur Rahman J.- Instant leave petition is directed against the judgment and order passed by a Single Bench of the High Court Division making the Rule issued in Civil Revision No.4578 of 2002 absolute setting aside the judgment and order passed ......N Mominur Rahman J.- Instant leave petition is directed against the judgment and order passed by a Single Bench of the High Court Division making the Rule issued in Civil Revision No.4578 of 2002 absolute setting aside the judgment and order passed in Miscellaneous Appeal No.58 of 2001 by the l..Category: Property Law | Date: | Hits: 38
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
.... by the order of the learned Senior Assistant Judge the petitioners moved the High Court Division in revision and by the impugned judgment and order the High Court Division discharged the Rule issued earlier and affirmed the judgment and order of the learned Assistant Judge. 7. W......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ..Category: Civil Law | Date: | Hits: 94
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
....ted 24.09.1984 passed in S.C.C. Suit No.195 of 1984. Both the cases are between the same parties and arises out of the common fact and same property and the High Court Division disposed of both the Rules issued in the Civil Revision Case No.1310 of 1996 and 201 of 1995 by a single judgment an or......d the High Court Division under Section 25 of the S. C.C. Act, 1887 in Civil Revision No.201of 1995. The High Court Division on detailed discussions on the materials available on record made the Rule absolute, setting aside the judgment and decree dated 29.09.1994 passed in S.C.C. Suit No.195 of 198..Category: Tenancy Law | Date: | Hits: 145
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
.... Shah Abu Nayeem Mominur Rahman J. - This leave petition is directed against the judgment and order dated 17.04.2007 passed in Writ Petition No. 687 of 2005 by the High Court Division discharging the Rule. 2. The Rule arises out of an order dated 02.01.2005 and 09.01.2005 passed in Mortgage Execu......e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231...Category: Banking Law | Date: | Hits: 373
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
....of the Constitution is for granting leave to appeal against the judgment and order dated 29.01.2008 passed in Civil Revision No.4820 of 2000 by a Single Bench of the High Court Division making the Rule absolute. 2. The Rule was issued in Civil Revision No. 4820 of 2000 filed against the j......he Constitution is for granting leave to appeal against the judgment and order dated 29.01.2008 passed in Civil Revision No.4820 of 2000 by a Single Bench of the High Court Division making the Rule absolute. 2. The Rule was issued in Civil Revision No. 4820 of 2000 filed against the judgme..Category: Property Law | Date: | Hits: 54
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....; Md. Abdul Matin J.- This petition for leave to appeal is directed against the judgment dated 10.09.2007 passed by the High Court Division in Civil Revision No. 2756 of 1995 discharging the Rule. 2. The facts, in short, are that the respondents as plaintiff’s instituted title......the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ..Category: Property Law | Date: | Hits: 28
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....vil Petition for Leave to Appeal No.1704 of 2007 dismissing the same affirming the judgment and order dated 11.07.2005 passed by the High Court Division in Civil Revision No.3411 of 2001 making the Rule absolute reversing the judgment and decree dated 17.08.2000 passed by the learned Additi......etition for Leave to Appeal No.1704 of 2007 dismissing the same affirming the judgment and order dated 11.07.2005 passed by the High Court Division in Civil Revision No.3411 of 2001 making the Rule absolute reversing the judgment and decree dated 17.08.2000 passed by the learned Additional ..Category: Property Law | Date: | Hits: 25
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....This petition for leave to appeal is directed against the judgment and order dated 17.04.2008 passed by a Single Bench of the High Court Division in Civil Revision No. 2727 of 2003 discharging the Rule and affirming the judgment and decree dated 19th May, 2003 passed by the Senior Assistant Judg......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ..Category: Property Law | Date: | Hits: 57
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