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Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......on-Record—For the Appellant (In Civil Appeal No. 13 of 1995) Fida M Kama, Attorney-General, instructed by Mvi Md. Wahidullah, Advocate-on-Record—For Respondent No. 1. (In all the cases) Fida M Kamal, Attorney-General, instructed by B Hossain, Advocate-on-Record—For..Category: Constitutional Law | Date: | Hits: 147
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." ...... Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. House Building Finance Corporation………………Appellant all cases. Vs. Commissioner of Income Tax, Dhaka North Zone, Dhaka……&hellip..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. ......of payment of the fine is illegal. Section 33(1) Cr.P.C. empowers the Court of any Magistrate to award such terms of imprisonment in default of payment of fine "as is authorised by law in case of such default". Section 386(1) Cr.P.C. specifically empowers a Court which has passed a..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. ......s along with acquitted co-accused Ali Hossain were placed on trial before the Additional Sessions Judge, Jessor, on a charge under section 302/34 of the Penal Code. 2. The prosecution case in brief, was that on 4.9.77 in the evening deceased Dud Mallick aged about 62 years went to B..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. ......e 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 learned Single Judge sent the case on remand to the lower appellate Court to consider the question of substitution of the succes..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. ......agricultural land or non-agricultural land of the classes retainable under sub-section (2) of section 20, in his khas possession, not exceeding ten standard bighas in the aggregate in either case without such permission, subject to such private sale or mortgage not contravening the prov..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. ......Division, Comilla in S.A No.26 of 1972.) Judgment Fazle Munim CJ.— This appeal arises from S.A. No. 26 of 1972 passed by the High Court Division, Comilla on 4.4.83 remanding the case to the first appellate Court allowing the plaintiffs to amend their plaint and for disposal of..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. ......ed in his name and his brother Bocha but to claim it as self-acquired property in a partition suit, some, more evidence was necessary for the plaintiff to prove the claim which was not done in this case. Appellate Court below rightly pointed out that the trial Court had taken into, consideration..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 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) 359. ......e to appeal is directed against the judgment and order dated 12.04.2005 passed by the High Court Division in Criminal Miscellaneous Case No. 2850 of 2004 discharging the rule. 2. Prosecution case, in brief, is that the respondent Nos. 1 and 2 filed the petition case bearing No. 248 of 200..Category: Criminal Law | Date: | Hits: 45
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ...... petitioner moved the High Court Division under Section 561A of the Code of Criminal Procedure and the High Court Division found that some of the accuseds are still absconding and cognizance of the case was yet to be taken and accordingly discharged the rule. 5. Being aggrieved by the judg..Category: Criminal Law | Date: | Hits: 45
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. ......dgment and order dated 04.04.2007 passed by the High 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 Fatikchar..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. ......1) 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-Corruption Bureau of Mymensingh on 12.11.199..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. ......sion in Death Reference No. 128 of 2003 with Jail Appeal No. 613 of 2003 rejecting the death reference and allowing the jail appeal and thereby acquitting the respondent. 2. Prosecution case, in brief, is that on the night following 19.09.1998 Mozammel Huq alias Kakor was returning fr..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. ......ecting the death reference of convict respondent Md. Jalal Miah and another and dismissed the said appeals with modification of sentence of death to imprisonment for life. 2. The prosecution case, in short, is that the informant, a cousin of deceased Sudhan, on 28.02.2000 at about 11.3 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. ......he Penal Code and sentencing them to suffer rigorous imprisonment for life with a fine of Tk. 2000/- each in default to suffer rigorous imprisonment for 2 years more. 2. The prosecution case, in brief, is that on 28.02.1988 at about 1:30 P.M. while victim Fazer Ali was working on the..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. ......as recovered from the jute field of one Nowab Mia of the village Alipur having multiple penetrating injuries on his person. Ultimately dead body was sent to morgue for post-mortem examination and a case was recorded under Sections 302/34 of 'the Penal Code at Akhaura Police Station bearing No.8 ..Category: Criminal Law | Date: | Hits: 41
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ..Category: Civil Law | Date: | Hits: 113
....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.
......sted the application by filing written objection denying the material averments made in the application contending, inter alia, that the suit was not maintainable; that the plaintiffs had no arguable case and will not suffer any irreparable loss and that the balance of convenience and inconvenienc..
Category: Civil Law | Date: | Hits: 118
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......was forwarded to the Ministry of Finance of approval. But the Ministry of Finance refused to approve the proposal introducing pension scheme for the employees of River Research Institute. The case of the respondent No.2 is that though earlier the petitioner used to serve under respondent No..Category: Employment/Service Law | Date: | Hits: 92
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... the above, 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) 323.......y of Paltan P.S Case No. 36 (11) 07 corresponding to G.R No. 803 of 2007 arising out of ACC G.E No. 139 of 2007 under Section 26/27 of the Anti-Corruption Commission Act, 2004. 2. The facts of the case, in short, are that the respondent No. 1-writ-petitioner challenged the Memo. No. দুদ..Category: Anti-Corruption Laws | Date: | Hits: 119
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