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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. ...... Abdur Razzaq, Senior Counsel, Supreme Court of Bangladesh, instructed by Mvi Md Wahidullah, Advocate-on-Record—For the Petitioner. Not represented— the Respondent Civil Review Petition Nos. 10-12 of 2008. (From the Judgment and Order dated September 3, 2007 pass..Category: Fiscal/Taxation Law | Date: | Hits: 145
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
.... not take over the possession of the above property, the order of the High Court Division directing the respondent No.2 to hand over possession of the said Holding No.59/1 to the respondent No.4 is erroneous and the above proceeding was drawn up by the Metropolitan Magistrate by passed in the abov......session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117...Category: Criminal Law | Date: | Hits: 62
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......r unless there is an agreement between the partners that a particular property would be the separate property of a partner, there cannot be an entrustment of it to the other partner or partners. This view was finally endorsed by the Supreme Court of India in the decision of Velji Raghavji Patel Vs. ..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......her of the pre-emptee purchaser) and rest 12 decimals of land have been possessing by the other heirs of late Afsaruddin; that after the death of their father Afsaruddin Bhuiyan the pre-emptor with a view to illegal gain filed the pre-emption case. 4. At the trial the pre-emptor examined 3(three)..Category: Property Law | Date: | Hits: 37
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......en the petitioners did not appeared another government service for the long and unreasonable stay in them became for any government service. 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. ..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....nition has no manour of application for appointment of a Principal of Non government decree college but it is for the Purpose of recognition the whole teaching staff of college as teacher. So it is erroneous conception that as per definition 2(Na) of Non-government college Teacher service regula......tisement was published inviting application from the candidates for the post of Principal of the said College. There was six applicants for the post of Principal. The Selection Committee took interview on 23.10.2006 out of six candidates, four candidates were appeared before the selection commit..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ...... and the opinion of the Supreme Court in the Presidential Reference (Reference No. 1 of 1998). It is time the original balance of power is restored". 7. This recommendation is mainly based on the views expressed by J.S. Verma, J. the author judge of the main judgment in the case of Advocates-on-..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
.... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ....... 4. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the petitioner submitted that the High Court Division committed an error in holding that the suit is not barred by limitation in view of continuous default in payment of rent and the principle set out in Section 23 of Limitation..Category: Civil Law | Date: | Hits: 110
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....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: ......sion did not disturb the findings of the appellate Court below as there were no misreading or non-consideration of evidence or misconstruction of any document warranting interference. 6. In view of the above, we find no substance in the submissions of the learned Advocate for the petitio..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
.... 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: ...... raised in revision. In the instant case there is a new story about the title of the suit property and the alleged existence of the decree of the civil suits have not been stated in the plaint. In view of the matter the plaintiff-petitioner should have taken such opportunity to amend the plaint ..Category: Property Law | Date: | Hits: 27
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... 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: ......re the lower appellate Court and also obtained fraudulent decree, thereafter, preferred two Civil Revisions before the High Court Division only to grab the Government vested property. 7. In view of the above, the submissions of the learned Advocate for the petitioner deserve no considera..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......d restrictions under Articles 27, 31 and 35 of the Constitution. 8. Mr. Rafiq-ul-Huq, the learned Counsel on the other hand expressed almost the same opinion as that of Mr. Khan submitting that in view of the nature of the questions formulated the opinion sought by the President in the instant re..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......e material on record and discussions made in the judgment by the High Court Division as well as the decisions considered by the High Court Division as to the issue of defect of party, we are of the view that the High Court Division in detailed discussion has arrived at the correct decision as to ..Category: Property Law | Date: | Hits: 38
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......n the inquest report in not evidence by itself and it certainly cannot be pitted against the evidence of the medical witness given in Court." 14. We are in respectful agreement with the above view and we hold that the High Court Division and the learned Sessions Judge committed no illegality..Category: Criminal Law | Date: | Hits: 60
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ...... on record to connect them in the murder of Rusel. Thus the prosecution has failed to prove the charge against these appellants by adducing corroborating evidence in support of the charge. In view of the above, these accused-appellants are entitled to get the benefit of doubt. In suc..Category: Criminal Law | Date: | Hits: 53
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......tors of the respondents company notifying a meeting of the Board of Directors of the respondent company on 18.08.2005 at 3:00 P.M. On the agenda of the said notice item No.3 was with regard to a review of the proceedings of the Extraordinary General Meeting held on 16.08.2005. The said meeting o..Category: Business or Commercial Law | Date: | Hits: 199
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....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.......the date i.e. on 02.01.2005 and acceptance of the highest bid amount of Tk. 9,04,000/- directing deposit of the balance auction-bid amount through pay order on 12.1.2005 and the order rejecting the review petition filed against the order dated 02.01.2005 and also an application filed on 04.01.2005 b..Category: Banking Law | Date: | Hits: 373
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......ioner hereof as plaintiff filed the suit for declaration and injunction to the effect that the order dated 31.03.1986 passed by the defendant No.4, U.R.O. Chittalmari Upazilla, in Miscellaneous Review Case No. 100784-85 in respect of settlement of the 'Ka' schedule land is illegal, void and wit..Category: Property Law | Date: | Hits: 54
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....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. ......tlement nor produced any rent receipts. 7. It appears that in the earlier suit the plaintiffs were not parties and therefore they are not bound by the earlier decree. 8. In such view of the matter the High Court Division was right in discharging the Rule and affirming the judg..Category: Property Law | Date: | Hits: 28
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....efined circumstances, such as, non-consideration or misreading of the material evidence affecting the merit of the case, the High Court Division ignoring the well settle principle and arrived at a erroneous decision of the case and this Division also ignoring the merit of the case arrived at a w......09. Lawyers Involved: Abdul Halim Chaklader, Senior Advocate-instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Review Petition for Leave to Appeal No.173 of 2008. (From the judgment and order dated the 2n..Category: Property Law | Date: | Hits: 25
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