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Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
.... Deputy Commissioner of Taxes for the year ending on December 31,1996 (assessment year 1996-1997), (1997-1998) and for the year ending on December 31,1990 (assessment year 1991-1992). 3. The facts of the Reference cases need not be re-stated in disposing of the review petitions since ......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 passed by the Appellate Division in Civil Petition for Leave to ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 145
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....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.......2, 16 MLR (AD) (2011) 117.......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)
....osition of the case to the Chairman of Moyeshkhali Pourashava. The Pourashava Chairman passed his order that the complainant- opposite party is entitle to get 5 installment of Taka 3,77,625/-. In the facts and circumstances, the complainant filed a complaint case stating that the accused petitioner ...... (HCD) (2009) 327. ......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. ..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
.... of 2001 affirming the judgment and order dated 17.10.201 passed by the Assistant Judge, Kalia, Narail in Miscellaneous Case No.65 of 1997 allowing the application for pre-emption. 2. The material facts relevant for disposal of this Rule are that the Opposite Party No.1 as pre-emptor instituted p......9) 175. ......rmed the decision of the trial Court. He next submits that both the Courts below erred in law in deciding the question of limitation in a casual manner without properly discussing and considering the evidence on this point and the same has resulted in an error in the impugned decisions occasioning f..Category: Property Law | Date: | Hits: 37
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....e petitioners will be withdrawn as per government policy. On quarry to the Court he did not reply and the order of stay will be withdrawn. He further has admitted that he did not receipt respect of facts from the respondents though he requested the respondents to give instruction in respect of t......ourt Division (Special Original Jurisdiction) Present: Mir Hashmat Ali J Md. Nuruzzaman J Muzaidul Islam s/o. Shah Alam, Village: Kalirchar P.S. & Dt. Laxmipur and others.……. Petitioners. Vs. Bangladesh represented by the Secretary......el appearing with Mrs. Sayda Anwara Sattar, the learned Advocate for the petitioners submitted that the petitioners and others were selected by the Divisional Selected Board on 28.10.2004 with his evidence by Annexure-‘B’ to the writ petition and on the same date result of the examin..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....no. 7(XÐ141) RvZxt wet Kt c/93/3997 dated 31-8-06 this fact was not disclosed by the writ Petitioner in the Petition. Thus the petitioner is not entitled to get any relief for suppressing the facts. The petitioner has managed the governing body to take over the charge of Principal and also ......n, Bhola............. Petitioner. Vs. The People’s Republic of Bangladesh represented by Secretary Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others……….Respondents. Judgment August 26, 2009. Law...... of Syed Bazlur Haque College, Banaripara-Barisal and Mr. Tarun Kanti Barua as Principal of Rangunia College, Chittagong as per notification dated 02.04.2003 without annexing any documentary evidence in supplementary affidavit which is not a admitted fact thus it is a disputed question of ..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d analogously with Writ Petition Nos. 2975 and 3217 of 2003.) Judgment MM Ruhul Amin CJ.- While agreeing with my learned brother M. A. Matin, J., I like to add a few words of my own. 2. The facts of the cases have been narrated in details in the main judgment. So I do not like to re-state ......ivision Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Bangladesh represented by the Secretary, Ministry of Justice and Parliamentary Affairs and others ............Petitioners (In Civil Petition Nos. 2221 & 2222...... 194. Following the above decision of the Supreme Court of Canada we can also apply the Jennings test in this case. 195. First what are the precedents? The precedents are the impregnable mass of evidence given by respondents including the statements made by no less persons than Dr. Kamal Hossai..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....h modification of the judgment and decree dated 04.05.2000 of the then Subordinate Judge (now Joint District Judge), 5th Court, Dhaka in Money Suit No.72 of 1995 decreeing the suit. 2. The facts involved in the case, in short are that the plaintiff is the owner of the premises at 35/11 ...... Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S. Classic Fashion Limited.….....Petitioner Vs. Mrs. Asrafunnessa Dana and another……....Respondents Judgment March 15, 2009. Lawyers ...... 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: ..Category: Civil Law | Date: | Hits: 110
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....t Judge, 1st Court, Noakhali in Title Appeal No.122 of 2000 setting aside those dated 25.05.2002 passed by the 3rd Additional Assistant Judge-in-charge in Title Suit No.163 of 1998. 2. The facts of the case, in short, are that the plaintiff instituted Title Suit No.163 of 1998 in t......resent: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Yakub Ali…………….Petitioner Vs. Nazir Ahmed and others.......Respondents Judgment January 18, 2009. Lawyers Involved: ......peal below noticed that the defendants’ kabala dated 15.03.1998 is earlier in point of time as against the plaintiff’s kabala dated 15.04.1998. The Court of Appeal below considered the evidence of P.W.’s 1, 2 and 3 and noticed that the P.W.1 Yeakub Ali admitted that on 13.05.19..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
....rict Judge, Chapaigawabganj in Title Appeal No.78 of 2000 reversing those dated 04.07.2000 passed by the Senior Assistant Judge in Other Class Suit No.310 of 1987 decreeing the suit. 2. The facts of the case, in short, are that the original owner of the suit land was Mofizul Hoque that t......mmad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Sadequl Alam……………..Petitioner Vs. Md. Mofizul Haque (Jalal) and others……..Respondents Judgement January 7, 2009. Lawyers I...... Nawabganj in favour of the father of the plaintiff and certified copy judgment passed by Sub-judge, Nawabganj in Title Suit No.336 of 1985. The appellate Court accepted those papers as additional evidence but failed mention them as exhibits; that the plaintiff has introduced a new case by surpr..Category: Property Law | Date: | Hits: 27
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....eave 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, the petitioner’s......Supreme Court Appellate Division Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Golam Mostafa and others, represented by their constituted Attorney, Golam Mostafa. ……..Petitioners......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
....e 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 as vested. 2. The facts of the case, in short, are Zulkadar Khan, father of the plaintiffs filed Money Suit No.5 of ...... Present: Mohammad Fazlul Karim J Md. Hassan Ameen J Md. Lukman……………………...Petitioner. Vs. Rustom Khan and others………...Respondents. Judgement July 1, 2008. Lawye......ons of the P.W.'s and D.W.'s plaint, written statement, S.A.and R.S. record wrongly allowed the appeal reversing the judgment and decree of the trial Court and held that the there is no documentary evidence which proved that the defendant No.1 is the benamder of the Zulkadar Khan in the said auc..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
.... a reference to the Appellate Division addressed to the Registrar of the Supreme Court of Bangladesh for reporting its opinion back to him on the following two questions raised in the backdrop of the facts stated in the Letter of Reference. (A) Whether the provisions of the Army Act, 1952 (Act XX......r Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar C......ne and store house of arms and indulged in committing varied kind of offences like mutiny, murder, attempt to murder, looting, arson, theft, extortion, dacoity etc. including causing disappearance of evidence of offence of murder by removing dead-bodies and burrying them in a mass-grave. The aforesa..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. ......(AD) (2009) 122. ......emptee make investment for the improvement of the case land? 8. Is the pre-emptor entitled to pre-emption as prayed for? 4. The trial Court on consideration of the materials and evidence on record and the submissions of the learned Advocate of the contesting parties and h..Category: Property Law | Date: | Hits: 38
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
.... police Station Case No. 8 dated 05.09.2000 convicting and sentencing this petitioner and others to death by hanging and to pay of Tk. 5000/- each under sections 302/34 of the Penal Code. 2. The facts necessary for disposal this petition for leave to appeal are that on 05.09.2000 victim A. H.M.......Respondent Judgment July 5, 2009. Cases Referred To- Rameshwar Dayal vs. State of U. P. AIR. 1978 S.C. 1558; Surjan Vs. State of Rajasthan AIR 1956 SC 425; Bangladesh (State) Vs. Paran Chandra Baroi BCR 1986 (AD) 225. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructe......responsibility to investigate the Case, which he did from 06.09.2000 till 26.02.2001, when the investigation was taken over by his successor S. I. Md. Nurul Islam (P.W.14) who, thereafter, finding no evidence, submitted final report, on 21.03,2001, under section 173 of the Code of Criminal procedure..Category: Criminal Law | Date: | Hits: 60
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
.... of 2003, Criminal Appeal No.3837 of 2003, Criminal Appeal No.3883 of 2003 and Criminal Appeal No.3810 of 2003 are allowed and Criminal Appeal No. 4255 of 2003 is dismissed and common questions of facts and law being involved in all the petitions, the same are disposed of by this single judgment......hellip;…..............Respondent (In Criminal Petition No. 271 of 2007) Ashraf………....................Respondent (In Criminal Petition No. 272 of 2007) Raju and another…………….Respondent (In Criminal Petition No. 273 of 200......e occurrence and the alleged confessional statement is not true and voluntary but is a product of physical/mental torture. 11. The learned Additional Sessions Judge, on consideration of the evidence on record, found the appellants guilty under Sections 302/34 of the Penal Code and sentenc..Category: Criminal Law | Date: | Hits: 53
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....eas in their affidavits-in-opposition the Government contended that the concerned plots are still vacant and possession of the same was never handed over to any body and thus disputed questions of facts having been raised, the Court sitting in writ jurisdiction, will not take evidence and a......ed in: VI ADC (2009) 702. ......ts are still vacant and possession of the same was never handed over to any body and thus disputed questions of facts having been raised, the Court sitting in writ jurisdiction, will not take evidence and adjudicate on such matter; further the submission made by the petitioners to the ..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....aintained with Dutch Bangla Bank Limited, Dhanmondi, Branch, by issuing cheques under the lone signature of the respondent No. 32, Managing Director of the respondent No. 31, Company. 2. The facts of the application, in short, are that the Company is required to make payment of the f......ivision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abu Sufian and others............................Petitioners Vs. Ferdoshi Begum and others&hell......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. ..Category: Business or Commercial Law | Date: | Hits: 199
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....her Appeal No.47 of 1997 by the Additional District Judge, Rangpur, affirming those dated 29.06.1997 passed in Other Suit No.50 of 1996 by the learned Senior Assistant Judge, Rangpur. 2. The facts, in short, are that the respondents as plaintiffs instituted Other Class Suit No. 50 of......in: VI ADC (2009) 695. ......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)
.... Case No.1310 of 1996 and 201 of 1995 by a single judgment an order. 2. The petitioners of both the leave petitions are same-tenants and the respondent No.1 is the landlord. 3. The relevant facts are that the father of the petitioners was a tenant under the landlord-Bigrah and that a notic......so Reported in: VI ADC (2009) 680. ...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ..Category: Tenancy Law | Date: | Hits: 145
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