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Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......otice upon him under the provision of lands and buildings Recovery Ordinance 1972 to vacate the said plot and there upon he filed Title Suit No. 228 of 1977 in the 3rd Court of Munsif, (now Assistant Judge) Dhaka seeking a decree for permanent injunction and there in obtained an order of temporary i..Category: Property Law | Date: | Hits: 40
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ...... mercantile system to cash system". 9. Against this order of the Tribunal the appellant preferred Reference Application Nos.12 to 16 of J977 before the High Court Division. The learned Judges rejected the applications on finding that, as the appellant had employed the mercantile met..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......onvicted them accordingly and sentenced them to Tk. 100/- each, in default, to simple imprisonment for 3 days. One of them namely accused respondent Abul Kashem, referred appeal before the sessions Judge who however dismissed it summarily taking the ground that no appeal lies, as provided in..Category: Criminal Law | Date: | Hits: 39
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ...... Ali Mandal and others………....Appellant Vs. The State……………………………...Respondent Judgement August 22, 1984. The Evidence Act, 1872 (Act I of 1872) Circumstant..Category: Criminal Law | Date: | Hits: 52
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ...... the State Acquisition and Tenancy Act is invalid and ultra vires. 3. The said suit was decreed. On appeal the decree was set aside and the suit was dismissed by the learned Subordinate Judge. Thereafter the plaintiff filed a Second Appeal before the High Court Division and the learne..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......J.— This appeal arises from First Appeal No. 63 of 1963 passed by the High Court Division on 1-8-79. Plaintiff-appellant instituted Title Suit No.73 of 1961 in the Court of Subordinate Judge, Sylhet for declaration of title and recovery of possession. Facts as stated in the plaint a..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......he plaintiffs to amend their plaint and for disposal of the same in accordance with law. 2. Plaintiff respondents instituted O.C. Suit No. 177 of 1967 in the Additional Court of Subordinate Judge, Noakhali for a declaration that the partition deed executed them and the defendant, Abdul Ma..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ...... 4. The trial Court decreed the suit giving the plaintiff a share amounting to 2.82 acres. On appeal by the plaintiff the said Schedule was reduced to 2.01 acre by the learned Subordinate Judge. The appellate Court below held that admittedly the property belonged entirely to Uli Fakir a..Category: Property Law | Date: | Hits: 38
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ......interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ......h Court Division in Death Reference No. 96 of 2003 with Jail Appeal No. 1056 of 2005 with Criminal Appeal No. 510 of 2006 arising out of Sessions case No. 50 of 2003 of the court of learned session Judge, Chittagong arising out of Fatikchari Police station Case No. 3 dated 06.04.1998 corres..Category: Criminal Law | Date: | Hits: 35
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
.... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ...... Division in Criminal Miscellaneous Case No. 6097 of 2002 discharging the Rule the arising out of an application under Section 561A of the Code of Criminal Procedure for quashing the proceeding of Special Case No. 1 of 2001 of Kotwali P.S. Case No. 19(11) of 1994 under Section 420/406/210/109 of......e No. 1 of 2001 of Kotwali P.S. Case No. 19(11) of 1994 under Section 420/406/210/109 of the Penal Code read with section 5(2) of the Anti-Corruption Act, II of 1947 now pending before the Special Judge, Mymensingh. 2. The facts of the case, in short, are that the Inspector, District Anti..Category: Criminal Law | Date: | Hits: 64
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......h held by the prosecution with regard to whether any Mozammel Huq had at all purchased the heads of cattle as alleged, we cannot also believe this aspect of the prosecution case. The learned trial Judge has based the conviction of the condemned prisoner on the evidence of the extra judicial..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
....risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......the accused persons under sections 302/34 of the Penal Code and confessional statement was also recorded by the Magistrate under Section 164 of the Code of Criminal Procedure. The learned Sessions Judge, Brahmanbaria framed the charge against the accused respondents under Section 302/34 of the P..Category: Criminal Law | Date: | Hits: 51
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 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) 338. ......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) 338. ...... of the High Court Division passed in Criminal Appeal No. 2393 of 1995 allowing, in part, the appeal filed challenging the judgment and order dated 20.11.95 of the learned Additional Sessions Judge, 1st Court, Khulna passed in Sessions Case No. 29 of 1988 convicting the petitioners along wi..Category: Criminal Law | Date: | Hits: 38
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......, at the instance of the appellants Chan Miah and Bashir Miah is directed against the judgment and order of conviction and sentence of death passed on 01.12.2003 by the learned Additional Sessions Judge, 2nd Court, Brahmanbaria in Sessions Case No.24 of 2002 under Sections 302/34 of the Penal Co..Category: Criminal Law | Date: | Hits: 41
....ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......008 discharging the Rule.
2. Short facts as placed before the High Court Division are that the opposite party Nos.1 and 2 as plaintiffs filed Suit No.84 of 2008 in the Court of Senior Assistant Judge, Kishoreganj against the defendants and an application for permanent injunction followed und..
Category: Civil Law | Date: | Hits: 118
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ubstance 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) 320. ......ubstance 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) 320. ......27.05.2007 passed by the High Court Division in Civil Revision No.5457 of 2002 making the Rule absolute-in-part reversing the judgment and decree dated 20.08.2002 passed by the Additional District Judge, Rangpur in Other Appeal No. 110 of 1998 reversing those dated 09.07.1998 passed by the Seni..Category: Property Law | Date: | Hits: 28
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......002 discharging the Rule on contest. 2. The facts, in short, are that the pre-emptee petitioner No.1 challenged the judgment and other dated 12.10.2002 passed by learned Joint District Judge, 2nd Court, Kurigram in Miscellaneous Appeal No. 2 of 2000 affirming judgment and order dated..Category: Property Law | Date: | Hits: 33
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ......ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ......sion No. 2424 of 1994 in fixing the date of hearing by a Division Bench. 2. The facts of the case are that the plaintiffs filed Title Suit No.31 of 1995 in the 2nd Court of Subordinate Judge, Sylhet for declaration of title stating that the predecessor of the defendant Md. Sadir havi..Category: Property Law | Date: | Hits: 32
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......bsp; Md. Hassan Ameen J.- The petitioner (defendant-appellant) seeks leave to appeal against the judgment and order dated 25-07-2007 passed in Civil Revision No. 1837 of 2003 by the learned Single Judge of the High Court Division making the Rule absolute by setting aside the judgment and decree ..Category: Procedural Law | Date: | Hits: 77
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
.... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ...... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ......ingle Bench of the High Court Division, Dhaka making the Rule absolute in Civil Revision No. 268 of 1989 and thereby reversing the judgment and decree dated 13 February 1988 of the Subordinate Judge in charge of the Court of the Additional District Judge, Narsigndi in Title Appeal No. 14 of ..Category: Property Law | Date: | Hits: 40
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