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Osman Gani Vs. State, 2002, 31 CLC (AD)
.... 9. Admittedly, there is no direct evidence about the appellant’s committing the murder of Monowara. Neither is there any direct evidence about his being in the house at the time of the occurrence. There is also no direct evidence that the appellant had anything to do wit...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ..Category: Criminal Law | Date: | Hits: 55
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
....774-Exhibit B-it would appear that Bakul Bibi got herself admitted at 7 PM while it has been shown to be 3-45 PM by tampering the records. There is however clear marks of over writing in the Entry of time in Si Nos. 2772, 2773 and 2774.” 5. Thus there is no impediment for us not to rely on the ...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ..Category: Criminal Law | Date: | Hits: 55
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
....n 10(2)(XVI) of that Act as alleged in the reference. The High Court Division also clarified the impugned judgment of the Income Tax Appellate Tribunal that in mentioning under section 10(2) second time, it was not mentioned whether the claim was allowed under clause (X) or (XVI) probably throug...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
....short fact stating, inter alia, that the petitioner, appointed as a Stenographer was absorbed and promoted to the rank of Branch Manager and on transfer to join his place of transfer allowed 7 days time but due to illness of the mother and on reaching home found her condition serious. Petitioner ...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....been possessing the property either by himself or through bargadar and the report of Tahsilder VP also admitted such possession and that Nidhiram cleared rental dues of the case land and so at the time of granting lease the petitioner ought to have been notified and thus directed to give prefere......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ..Category: Property Law | Date: | Hits: 43
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
....lay and it is well settled that they should be treated equally with other public litigants. He submits that the Government respondent failed to make out a case for condonation of delay of such a long time and the explanation is not at all satisfactory. 5. We have gone through the judgment of the...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ..Category: Procedural Law | Date: | Hits: 121
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....h was allowed and the Tribunal set aside the order of removal on the ground that the borrowing authority had no jurisdiction to pass order of removal from service of the petitioner but at the same time refused to order his reinstatement and a decision was taken by the Ministry of Agriculture for......There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....ervice and the present proceeding was the first proceeding against him. Although it cannot be said that the circumstances considered by the Tribunal were all cogent circumstances but, at the same time, it cannot also be said that there was nothing at all to sustain an alteration of the sente......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....udge should have allowed the petition of the petitioner-defendants under order 7 rule 11 of the Code of Civil Procedure for rejection of the plaint instead of going into the question of law at the time of hearing of the original suit on the Principle that the parties should not be dragged unnece....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 77
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....- "6. Qualification, etc., of candidates.- (1) Candidates seeking licence of Nikah Registrar must possess Alim Certificate from a Madrasha Board established under any law for the time being in force. (2) A candidate seeking licence of Nikah Registrar must be of betwe......2.1997. Thereafter the writ petitioner was appointed as temporary Nikah Registrar for 3 months with effect from April 7, 1977 after the retirement of the previous Nikah Registrar and the temporary appointment was extended till his appointment as permanent Nikah Registrar by order dated July 20, ..Category: Constitutional Law | Date: | Hits: 178
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....bitrator was more than 10% of the amount awarded by the Deputy Commissioner. It may be mentioned the award was made in the Arbitration Revision Case No. 163 6 of 1990 on September 18. 1994. i.e. at a time when the Arbitrator could make award of the amount as in his view in the facts and circumstance......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed...Category: Property Law | Date: | Hits: 58
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ....... The petitioner moved the High Court Division under Article 102 of the Constitution challenging the constitutionality of section 4(2) and (3) of the Artha Rin Adalat Ain 1990 (Act IV of 1990) and appointment of Mr.Md Amirul Islam, Subordinate Judge as a Judge of the Artha Rin Adalat, 1st Court,..Category: Banking Law | Date: | Hits: 121
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
.... writ petition. 2. The writ petitioner filed the Writ Petition challenging the holding of office of Chairman, Jhalakati Pourashava by Respondent No.4 on the grounds, inter alia, that at the time of filing of nomination paper he was a bank loan defaulter and as such he was disqualified to ......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 120
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
.... limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction- (a) the defendant, or each of the defendants where there are more than one, at the time of commencement of the suit, actually and voluntarily resides, or carries on business, or perso......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
.... his tender accepted; that he kept no stone unturned to grab the disputed holding i.e holding No. 68 Motijheel C/A, Dhaka most illegally, that on 25-6-1992 plaintiff No.1 came to know for the first time that Syed Altaf Hossain has got said properties in his own name and in the name of his wife Mr......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....t of Bangladesh and its officers were substituted, but it is to observed an enactment is to be read as whole and that sub-article (2) gave an option to the Government of Bangladesh to file at any time before the final hearing of suit or proceeding a written application that it shall not be a par......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
.... registration has been rejected by separate order". Then he proceeds with recording an order under section 26A "The application for renewal of registration has not been filed within time. In the absence of account it is also not ascertain-able whether the terms of partnership deed......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
....inal landlord the tenant can always show that the title is not perfect. The language of section 116 of the Evidence Act is clear enough to constitute estoppel between tenant and the landlord at the time of the creation of tenancy. This statutory estoppel, therefore, binds the original contracting...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
.... case where admittedly assessment-of income of a period exceeding twelve months was made treating the income of 1365 B.S. as previous year and thereby purporting the legalising the assessment for the time barred income, which the Income-Tax Officer was not competent to do. 7. Mr. C.R. Ali, the l......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....the non-preparation of the compensation assessment roll. The enactment made in President's Order No. 90 of 1972 clearly states that notwithstanding anything contained in any other law for the time being in force, on the commencement of this Order, all suits, appeals applications and other l...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
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