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Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....the High Court Division ought to have consider the matter with wider amplitude, but the revisional Court failed to discuss any of the grounds agitated by the petitioners, which is against the provisions of law. His further submission is that trial Court and the High Court Division fail......t Division ought to have consider the matter with wider amplitude, but the revisional Court failed to discuss any of the grounds agitated by the petitioners, which is against the provisions of law. His further submission is that trial Court and the High Court Division failed to apprecia..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....rfeiture, which is manifestly illegal. The defendant Petitioner Nos. 1-3, 6 and 8 contested the suit and filed there sets of written statements and their common case is that the suit is barred by the provision of section 42 of the Specific Relief Act, principle of limitation and estoppel. 3. The ......t Judge), Dhaka for declarations that the order dated 23.10.1976 of the Additional Deputy Commissioner (Rev), the defendant No.2, for forfeiture the suit land is illegal and has no binding force in law and their right title and interest in the suit land have not been affected thereby and that they..Category: Property Law | Date: | Hits: 25
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ......t Division. In our opinion, the judgment and order passed by the High Court Division convicting the leave-petitioner and Md. Jalal Ahmed for committing offence of content is in accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to app..Category: Criminal Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....ey would be allowed to remain in possession of their land or in the alternative they would be provided with alternative plot or that the would get compensation in respect of their land as per provision of the Acquisition and Requisition of Immovable Property Ordinance, 1982. It was submitte......and the C.P. Nos. 73 and 74 of 2002 have been filed against the common judgment dated July 31, 2001 in Writ Petition Nos. 3407 and 4576 of 1996. 2. Facts of the petitions and the question of law involved being common the same have been taken up for hearing together. The writ petitions in t..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
....s. 1, 2 and 15 for vacating the order of arrest of the said vessels and for the release of the said vessels; that the High Court Division on a misreading of the materials on record and the relevant provisions of law came to the finding that the purported agents of the'respondent Nos. 1, 2, 5 and......ompany has failed to annex any written authority from its alleged principal as well as other material documents as prescribed by the Customs Act, Foreign Exchange Regulation Act and other relevant laws to prove the locus standi of the purported agent of the defendant No. 5, company. In the facts..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......ed the condemned prisoner, Abul Kashem and convict petitioner Anowar Hossain Pinto. 7. The learned Additional Attorney-General submitted that the learned Judges of the High Court Division erred in law in omitting to consider that in the instant case the occurrence took place on 10-3-1996 at about..Category: Criminal Law | Date: | Hits: 53
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ...... absence of production of bill of lading, although to do this, now in practice, the receiver furnishes the carrier with a bond of indemnity, that the High Court Division committed an error of law without applying its judicial mind as to why the plaintiff did not directly hold responsible th..Category: Business or Commercial Law | Date: | Hits: 178
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....udden quarrel and without the offender's having taken undue advantage or acted in a cruel or unusual manner." 10. It is now settled law that before an accused can pray in aid of the provisions of Exception 4 to Section 300 of the Penal Code, all its ingredients must be satisfied ......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)
....tatement out of police inducement and threat and as such, the said confessional statement cannot be treated as voluntary and true; that in the recording of the confessional statement the mandatory provision of sub-section (3) of the Section 164 of the Code of Criminal Procedure has not been comp......#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)
....is not sustainable in law and as such, the impugned judgment and order needs to be reviewed for the interest of justice. 4. Review is not and alternative to an appeal. In order to invoke the provision of review, cogent sufficient cause has to be shown. In the instant case the submissi...... 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)
....#2482;া" as provided in section 60(3) of Ain, 2003 also include pending execution cases and as such after coming into force of Ain 2003, all pending execution cases instituted under the provisions of Ain 1990, stood transferred to the Artha Rin Adalats constituted under Ain, 2003......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)
....spondent No. 6, by Memo dated 19.09.2002, rejected the above prayer being an enlisted person, used to pay turnover tax sometimes at enhanced rate from time to time to time in terms of the relevant provisions of the VAT Act, 1991 and VAT Rules and accordingly the charge made against him for evasi......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
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