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Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....sum of TK. 1,47,60,000/- thereby the accused earned net profit of TK. 12,12,436.75/- for which they were liable to pay a sum of TK. 11,57,430.70/- as income tax but they on the eve of releasing the goods paid a sum of TK. 1,47,2000/- as income tax thereby deprived the government of an amount of T......ormation Report with Ramna Police Station on 05.12.1993 against the accused petitioner and others stating, inter alia, that the accused persons in collusion with each other through forgery created records in the name of a false and non-existent firm named M/S Chowdhury and sons, 77 Begum Bazar, ......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
.... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ......shu Nirjatan Daman Bishesh Adalat the said court took cognizance and the trial of the case started. The prosecution already examined one witness and the Tribunal summoned other witnesses' for recording their evidence. 3. The Petitioner filed application for bail before the Tribunal o...... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 94
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. .......1 as plaintiff brought the said suit on the averments, inter alia, that he took settlement of the land described in schedule-Ka to the plaint in Settlement Case No.242 of 1962-63 and the same was recorded in his name in Khatian No. 646.This settlement was necessary for the purpose of ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......the suit building has been released in his favour from 26-11-81 requiring the appellant to make payment of rent not to the Abandoned Property Cell but to the plaintiff. There is also no evidence on record that before 17-2-82 any official communication was addressed to the appellant informin...... his title to the appellant being a defaulter before 7-4-82. The trial Court also found that the appellant has been depositing rent regularly in the aforesaid House Rent Case. Therefore inspite of service of notice under section 106 of the Transfer of Property Act the appellant was not a default..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......iff Nos.13 and 14. It is the case of the plaintiffs that they are in possession of the land for more than 12 years on payment of rent and that during the last survey the land in suit instead of being recorded in the name of the plaintiffs or their predecessor was wrongly recorded in the name of the ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......989 for declaration of title and khas possession stating, inter alia, that his father late Mandar Mondal was the owner in possession of the disputed land measuring 2.07 acres and his name was duly recorded in S. A. khatians and he died leaving behind his wife and also the plaintiff who at that ......The defendants, including the minor defendants, filed petition seeking setting aside of the exparte decree contending that not being notified about the filing of the above suit through proper service of summons, they could not appear in the suit and in the above circumstances the trial..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......e defendant's, i.e. the pre-emptor's claim of pre-emption. The learned Counsel also submitted that the High Court Division as well as the lower appellate Court in the background of the materials on record has quite correctly held that the plaintiff has filed the suit in collusion with the d...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......een the parties. After hearing the parties, we have found with regret that the matter has been dealt with in an absolutely misconceived manner and even without noticing a palpable fact on record causing miscarriage of justice. The impugned judgment is therefore wholly unsustainabl...... 2.The plaintiff respondent brought Title Suit No. 465 of 1984 in the Court of Assistant Judge of the then Savar Upazila for a declaration that the order dated 11.8.1984 removing him from service is illegal, void etc. and that he is still in service as Rural Development Officer, Savar U..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....o.5 is the Registrar of Joint Stock Companies and Firms of Bangladesh. That the petitioners are citizen of Bangladesh having wide range of business experience in various files and gained experience goodwill, reputation and honor in the business circle both at home and abroad; that the petitioner N......ition and in supplementary affidavit that he received fund from the petitioner but took some concocted plea as stated above which was not supported by his Bank account transaction as contained in the record of the petition "C" and "E" series as well as in the affidavit of compliance of the Exim Bank......pplication and an attempt to blackmail the respondent Bank for ulterior purpose; that no request was ever made by anybody to the petitioners for withdrawal of their legal notice. The reason for the service bf the legal notice and its withdrawal is entirely the business of the petitioners to suit t..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ...... the appellant in C.A.No.62 of 2004 (Wega Fashion Sweater Pvt. Ltd.) by altering Government's earlier decision. The further case is that one Mrs. Madlena D. Rozario purchased the land from the C.S. recorded owners and possessed the property. The Government requisitioned the property by order dated......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 44
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......f the sale deed of the informant or with the admitted signature of Pramila Sundari. 7. In support of the appeal Mr. Shamsul Huda Manik, learned Advocate has taken us through the materials on record including the impugned judgment and submits, inter alia, that the prosecution failed to prov......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ..Category: Criminal Law | Date: | Hits: 31
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ..Category: Criminal Law | Date: | Hits: 50
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......ourt Division ought to have interfered and quashed the judgment of the trial court. 5. We have considered the submissions made by the learned Advocate. 6. On perusal of the record it appears that the trial court examined witnesses including P.W. 2 Abdul Wadud Sarker who d......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 55
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......al Register dated 3.4.1988 in order to prove the injury and illness of Sultan Ahmed, full Brother of the informant, who was medically examined on that date by attending Doctor U.S. Chakma and duly recorded in the register entry No. 3/ 2004 dated 3.4.1988 of the Emergency Out Door Register of sai...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ..Category: Criminal Law | Date: | Hits: 51
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....t in presence of all present, that meanwhile, one dacoit, Hashem son of late Sabder Ali of Jurain, Dhaka came from Faridpur by Bus and arrived at Ali Akbar's shop for taking the price of the looted goods and they arrested him on suspicion, that his name was found written as Hashem in the booking......s imposed by the Assistant Sessions Judge, Rajbari. 5. Mr. Sarwar Ahmed, the learned Advocate appearing for the petitioner submitted that in view of the fact that there being no material on record to support the conviction of the accused-petitioner under section 412 of the Penal Code as t......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 23
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......istant General Manager on 02.04.1988. Thereafter, he completed 9 (nine) months training in Netherland and also obtained post graduate diploma on port and shipping Management. He has a clean service record. 3. The further case is that the writ respondent No.4 joined as a Commercial Officer ......rder dated 29.05.2000 passed by a Division Bench of the High Court Division in Writ Petition No. 133 of 1999 making the Rule absolute. 2. Short facts are that the writ petitioner joined the service of Bangladesh Shipping Corporation (shortly BSC) as Probation Officer in 1979. He was confi..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... against the defendant respondents praying for declaration of title in the suit land, measuring 6.59 acre, stating, inter alia, the land, measuring an area of 8.82 acres appertaining to C. S. record No 96 originally belonged to one Shialo Sheikh who out of this land transferred 6.59 acres o...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....ned direction made by the High Court Division is illegal. Relying on the statements made in the affidavits-in-opposition he submits that entire actions have been taken following the law and with a good intention. Referring to the findings of the High Court Division the learned Additional At......p; Appellate Division the question being agitated by the appellants the Appellate Division took cognizance of it and accordingly in the leave granting order it found place. She add that in fact no records of the proceeding could be produced before the High Court Division and the sex-workers have......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150