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Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......ag No. 240 of D.P. khatian No.1077 in mouza Ramgati in order to plough and plant "Aus" paddy. At that time accused Dayemuddin, Mostufa, Noor Nabi @ Shanu, Mahibullah and others forming unlawful assembly being armed with shol, cheni dao and lathi etc. went there and attacked the informa..Category: Criminal Law | Date: | Hits: 50
Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)
....ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......#2482;েই খারাপ হয়েছে” and as such, the conviction under Section 302 of the Penal Code cannot be sustained in the eye of law. Moreover, the weapon Chapati used in the commission of murder recovered from ditch as per show..Category: Criminal Law | Date: | Hits: 52
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......n limine on the ground of non-fulfillment of requirement under Section 158(2) (b) of the Income Tax Ordinance, 1984? (b) Whether the Bangladesh Taxes Appellate Tribunal was justified in law in not considering the appeal on merit under Bangladesh Taxes Appellate Tribunal rule of 1985?..Category: Fiscal/Taxation Law | Date: | Hits: 89
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ..Category: Criminal Law | Date: | Hits: 44
Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)
....elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ...... common intention of the accused and as such, convicting and sentencing all the accused persons for imprisonment for life under Section 302/34 of the Penal Code is not sustainable in law. The Advocate further submitted that even if the prosecution case is admitted the conviction un..Category: Criminal Law | Date: | Hits: 47
Abu Ahmed Siddique Vs. Khandaker Abdul Awal and others, 2008, 37 CLC (AD)
....dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ......the F. I. R. on 15.05.2006 at about 8:30 P.M. of an occurrence happened in between 8:00 A. M. to 11:00 A.M. of 28.11.2005. The allegation are that accused No.1, Shahana Khandaker Rumki, daughter-in-law of the informant and wife of his son, Iqbal Yousuf Shovan, marriage was solemnized on 19.11.19..Category: Criminal Law | Date: | Hits: 57
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......he learned advocate-on-Record for the petitioner submits that the specific contention of the petitioner is that the learned Judges of the Appellate Division committed and error of law in dismissing the Criminal Appeal with the finding that as "the appellant did not fac..Category: Criminal Law | Date: | Hits: 43
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ......d order of conviction and sentence of death of trial Court. 7. Mr. A. K. Bodrul Huq, the learned Senior Advocate, appearing for the petitioner, submits that the High Court Division erred in law in passing the impugned judgment and order affirming the sentence of death passed against the p..Category: Criminal Law | Date: | Hits: 96
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 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) 604. ......ndings of the Court below were based on non-consideration of the evidence of record inasmuch as the presumption of R.S. record of rights has not been rebutted resulting in as error of law in the decision occasioning failure of justice. 6. In view of the above, we find no..Category: Property Law | Date: | Hits: 24
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
.... 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: VI ADC (2009) 600. ......ismissal of the suit. 4. Mr. Mihir Kanti Majumder, learned Advocate, appearing for the petitioners submitted that the appellate Court below by traversing all the material issues on facts and law reversed the findings of the trial Court and came to its independent findings that the plain&sh..Category: Property Law | Date: | Hits: 27
Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)
....llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ......so include pending execution cases and as such the continuation of the above Execution Case No.141 of 2002 in the above Artha Rin Adalat No.1, Dhaka constituted under Ain 2003 is in accordance with law. 4. The High Court Division, after hearing, discharged the Rule holding that the wo..Category: Civil Law | Date: | Hits: 103
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
....e is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ......der under Memo No. 4th /(6)-187 Mulla-Ghosona Bibidha 72001/1221 dated 09.06.2002 (Annexure-C), in so far as it relates to the charge of evasion, should not be declared to have been passed without lawful authority and are of no legal effect and as to why the respondents should not be directed to..Category: Fiscal/Taxation Law | Date: | Hits: 83
Syedur Rahman Chowdhury Vs. Monowara Begum and others, 2008, 37 CLC (AD)
....tioner herein could not make out any case of review in this application. Accordingly, the review petition is rejected. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 576. ......conceal the date of sale. While executing the kabala there was no local per son. The respondents did not get served notice upon the co-sharer including the preemptor which was imperative under the law. So, neither the pre-emptor nor his co-sharers was aware of the deed. It is also admitted by al..Category: Property Law | Date: | Hits: 26
Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)
....ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ...... which depends upon proof of solemnizing marriage and birth of a child during existence of marriage which has get nothing to do with D.N.A. Test; that both the Courts below have committed error of law allowing an application for D.N.A. Test prematurely failing to consider the subject matter and ..Category: Family Law | Date: | Hits: 280
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....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) 563. ...... the petitioner that having the first charge over the mortgaged property the petitioner is a necessary party in the subsequent suit filed by the respondent No. 2, is not tenable in the eye of law as in the subsequent suit the only issue for adjudication is whether the respondent No. 4 owes ..Category: Civil Law | Date: | Hits: 102
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)
.... 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: 14 MLR (AD) (2009) 561. ......ntested the suit by filing written statement denying the material allegations made in the plaint and contending that the suit land was acquired by the fund which he got from his father in law and also out of the income from his business and that he provided accommodation to the plaintif..Category: Property Law | Date: | Hits: 22
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....e 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: VI ADC (2009) 558. ...... 5. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the Additional District Judge committed an error of land in not applying the settled principle of law that none but the contracting parties and the Government should be parties in the ins..Category: Property Law | Date: | Hits: 25
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....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) 554, 19 BLT (AD) (2011) 158.......pension can only be passed by a person having authority to make the final order that is the order, of dismissal, and so the suspension orders not being passed by the appointing authority, are without lawful authority and moreover actions against the petitioners under Regulation No. 22 of the above S..Category: Criminal Law | Date: | Hits: 78
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....ere 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) 551. ......egistered in favour of the petitioner on 29.08.1984 but the agreement for sale being entered into on 04.05.1980, that is after the 25th day of March 1971, the same has no legal effect in the eye of law; it is also evident from the contents of the writ petition that the petitioner filed Title Suit..Category: Property Law | Date: | Hits: 26
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......r disturbing the possession of the plaintiff in schedule No. 1 property and to award cost of the suit and to pass such other and further order or orders as court may deem fit and proper as per law and equity. 3. The plaintiff-respondent considering the facts and circumstances of the ..Category: Property Law | Date: | Hits: 23