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Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)

....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......or in not considering the appellants application for remand of the arbitration case on the ground that Deputy Commissioner while rejecting the prayer for revision of the award placed reliance on some documents which were not reflecting the correct position, in that land purchased by the appellants w..

Category: Property Law | Date: 28 Mar, 2005 | Hits: 64

State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)

....ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ......ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ..

Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89

Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

....h the postal remark as "Not known". For this reason, the Deputy Commissioner of Taxes could not verify the transaction and admittedly Taka 5,40,00,000 (Taka five crore forty lac) was in the bank account maintained by the assessee-applicant and, as such, the Deputy Commissioner of Taxes rig...... been passed without applying proper judicial mind. Therefore, in our opinion, it will, be justified if the matter is sent back to the Tribunal for deciding afresh considering all relevant papers and documents and provisions of law as discussed hereinabove. 19. From the facts and circumstances ..

Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4

Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)

...., 2005. The Constitution of Bangladesh, 1972, Article 102  Whether disputed question of fact as to the question of elected candidate to be a bank defaulter can be decided in a writ petition to set aside the election and whether such a writ......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ..

Category: Election Law | Date: 15 Mar, 2005 | Hits: 168

Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)

....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779.   ......repared sketch map thereof with separate index, recorded the evidence of the witnesses under section 161 of the Code of Criminal Procedure and seized one iron fala, one piece of brick, some paddy and documents of the land and finding prima facie case submitted charge-sheet No.33 dated 1‑7‑1983 a..

Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4

Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)

....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......ourse, been stated that he along with some other trade union leaders controlled the situation. It is correct to say that the reports Annexure-X and X (1) have not been marked as exhibits nor the said documents have been produced formally in evidence nor the said reports do find places in the record ..

Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

....of the company or, in the alternative, the written permission of the Chairman and/or the Managing Director is required for holding such meeting of the company; Article 53(d) provided for operation of bank accounts of the company by any two members of the company out of whom one must be the Appellant...... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ...... the notice was served upon them, no action was taken. The petitioner, thereafter, obtained the present Rule Nisi from this Court. The petitioner also filed a supplementary affidavit annexing certain documents on 3-1‑2005. 4. Respondent No.2, filed an affidavit-in-opposition controverting the..

Category: Property Law | Date: 16 Jan, 2005 | Hits: 7

Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)

....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......cused‑appellants pleaded not guilty and claimed to be tried. 7. At the trial prosecution examined as many as 12 (twelve) witnesses including the investigating officer and exhibited a series of documents to prove its case but defence examined none. 8. Defence case, as it transpires from t..

Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3

Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......re impugned order was passed. 6. Although the learned Assistant Attorney-­General did not file any affidavit‑in‑opposition, nevertheless, with the leave of the Court, he referred to some documents relating to the examination results of the petitioner. 7. Mr. Mahbubur Rahman, in his..

Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2

Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)

.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635.   ......e lower appellate Court by the order dated 19‑10‑94 without appreciating that the original document was, not filed in the trial Court and the plaintiff collusively entered the same in the list of documents and sent the record to the trial Court for preparing exhibit list and for marking the pape..

Category: Property Law | Date: 10 Jan, 2005 | Hits: 2

Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)

....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......tion under section 561A of the Code of Criminal Procedure to the effect that the decretal land does not include the lands of the proceeding drawn up under section 145 CrPC. Thus, it is clear from the documents on record that the 2nd party opposite parties got decree from the competent civil Court in..

Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ......gainst the accused petitioners. Moreover, this is a case where an officer, who is an inspector of Bureau of Anti-­corruption lodged the first information report after examining several papers and documents lying with the Ministry. There is a distinction of lodging first information report by Bur..

Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1

Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)

....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ...... not dispossess the plaintiff from the suit land and that the suit was filed falsely in order to harass the defendants. 4. At the trial the plaintiff examined 4(four) witnesses and produced some documents which were marked exhibits the defendants examined 2(two) witnesses. After conclusion of h..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 3

Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)

.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......t No. 1 would reconvey the suit land to the plaintiff on receipt of the aforesaid consideration money within any Chaitra after harvest by 1377 BS the defendant No. 1 with an ill motive created some documents, of transfer in favour of defendant Nos.2 and 3; after harvest in the year of 1377 BS th..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 137

Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)

....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......ate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illegally in interfering with the findings and decision given on loan documents Exhibits B and B(1) by the final court of fact on consideration of the evidence on record ..

Category: Property Law | Date: 13 Dec, 2004 | Hits: 21

Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)

....in the Special Court but the learned Special Judge had illegally taken cognisance in the case beyond his jurisdiction. Further, it is submitted that the petitioner had already been dismissed from the bank service on the basis of a departmental proceeding and further, initiation of a criminal case fo......re is distinct element of criminal offence in the matter. 7. We have carefully considered the submissions of the learned Advocates and perused the grounds taken in the application along with the documents available on record. It appears that there is specific allegation in the petition of compl..

Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1

Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)

.... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332.   ...... on 14‑3‑83 for mutation of his name on the records as owner, the Ministry of Works thereafter by a memo dated 12‑11‑84 asked the petitioner to appear before the DS AP‑2, within 7 days with documents and the petitioner thereupon submitted basic documents of title showing his ownership and ..

Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13

Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)

.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734.   ......F 3 SECTION 12 & 13 BUILDING AND CIVIL ENGINEERING WORKS AT RAMPURA, annexed hereto, carry out and complete the works shown upon the contract drawings/ specifications and all attachment and other documents described by or referred to in the contract and in the said conditions." (Underl..

Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12

Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)

....r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ...... High Court Division in Election Petition No. 2 of 2001 allowing partly an application filed by the Election Petitioner directing the Returning Officer and Deputy Commissioner, Kishorganj to send the documents in the schedule of the application. 2. The facts leading to the appeal are that, th..

Category: Election Law | Date: 30 Oct, 2004 | Hits: 142