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Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......as the confession of Alo is concerned, it is to be remembered, that though it was retracted but it was found to be voluntary and true by the Courts below and the accused Alo is not before us. The question is whether it could be used without independent corroboration against the appellants it is ......sed, nor was it tested by cross-examination, independent corroboration is necessary to use it against a co-accused. What amounts to independent corroboration is a question that will depend upon the facts and circumstances of each case. 6. In the confessional statement of Alo, we find that ther..Category: Criminal Law | Date: | Hits: 41
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......he personal assessment of their mother. 3. At the instance of the Commissioner of Income-Tax reference under section 66(1) of the Income-Tax Act was made to the High Court for decision on the two questions formulated therein which are reproduced below: "1. Whether on the facts and in the cir......his appeal by special leave arises out of the judgment of a Division Bench of the High Court Division in Reference Case No. 1 of 1972 under section 66(1) of the Income Tax Act, 1922. 2. The brief facts leading to the appeal are that Teherally Adamjee and Abdul Hussain Sulemanjee were carrying on..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......rd under the Act, the High Court ought to have held that the appeal had been filed within the period of limitation, which would be three years in this case. Facts in short are, that the properties in question belonging to the respondent Moslem Mia were requisitioned under section 93A of the Town I......brancer's office on March 10, 1970, with request to file the appeal on revision with an application for condonation of delay. The memorandum of appeal was presented on March 16, 1970. 5. From the facts stated above it appears that the requiring body was not at all diligent in the matter of tak..Category: Procedural Law | Date: | Hits: 101
....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ...... Respondent.
Civil Appeal No. 54-D of 1967
From the Judgment and Order dated 24-3-65, passed by the Dacca High Court in Writ Petition No.404 of 1964.
Judgment
K Hossain CJ.- The short question as to the true construction of Martial Law Regulation No.48(iii) of 1958 is involved. Fac......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ......p; the Code of Criminal Procedure is that they have been falsely implicated in this case out of grudge and enmity. 7. The trial court on consideration of the evidence on record and the facts and circumstances of the case held that the prosecution case was proved beyond all reasonabl..Category: Criminal Law | Date: | Hits: 43
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......e to be dismissed but the High Court Division erred in law in holding that the deposit was made within time and accordingly discharged the Rule. 9. It appears that the kabala in question was registered under section 60 of the Registration Act on 23.08.1979 and the amount of Tk......s directed against the judgment and order dated 17.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No. 2542 of 2000 discharging the Rule. 3. Short facts are that the Opposite Party No. 1 instituted Miscellaneous Case No.2 of 1988 in the Court of ..Category: Property Law | Date: | Hits: 35
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......nd the Court thinks that the name of any person ought to have been joined whose presence before the Court may be necessary in order to enable effectual and complete adjudication and settle all the question involved in the suit. The object of the aforesaid rule is that it is necessary to make a p...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
....s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ...... to appeal is directed against the judgment and order dated 28.06.2005 passed by the Administrative Appellate Tribunal in Miscellaneous Appeal No. 04 of 2003 dismissing the appeal. 2. Short facts are that Execution Case No.3 of 2002 was filed by the respondent before the Administrative T..Category: Administrative Law | Date: | Hits: 111
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......hohel are child witnesses. It appears the trial court before recording their evidence orally tested their power of understanding and they were found to be capable of giving rational answers to the questions put by the Court and accordingly they were found to be competent to testify before the Co......er section 13/14 of the Nari-0-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 for abatement and accordingly convicted and sentenced him to suffer imprisonment for life. 23. Having regard to the facts and circumstances of the case and the materials on record, we are of the view that the High C..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......d that Ext.1 offer letter by the Defendant Company and Ext. 2 acceptance thereof, by the plaintiff resulted in a contract between the parties. Accordingly, the High Court Division held that in the facts of the case, the defendants were at fault and they committed breach in terminating the servic..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......also submitted an adverse report against the petitioner while he was acting as Munsif at Satkhania. So reputation of the petitioner as a Judicial Officer was not good and his honesty and integrity questionable." 7. We are of the view that the above finding of the Appellate Administra...... consideration and appreciation of materials on record. So we find no cogent reason to interfere with the judgment of the Administrative Appellate Tribunal. 8. It also appears that the facts of the instant case is different from the facts of the case reported in 42 DLR (AD) 21..Category: Administrative Law | Date: | Hits: 92
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......upport of the petition, Mvi. Md. Wahidullah, earned Advocate-on-Record, submits, inter alia, that no witness was produced by the plaintiff to prove that she was induced to execute the deed in question and the High Court Division committed error in the decision concurring with the finding of......ners seek leave to appeal against the judgment and order dated 15.04.2003 passed by a Single Bench of the High Court Division in Civil Revision No. 492 of 2001 discharging the Rule. 2. The facts leading to the leave petition are that the predecessor of the respondents as plaintiff instit..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......the ex parte decree on the ground of fraud practiced in obtaining the said ex parte decree upon misleading the Court or preventing the defendant from placing his case before the Court. 16. The question whether an ex parte decree can be set aside on the ground that the same was obtained on the......High Court Division erred in holding that the suit of the appellants was barred by principle of res-judicata in view of the ex parte decree in Title Suit No.860 of 1981, that in view of the facts that the disputed land is a reserved forest as per notification dated 15.12.1953 and 13.4...Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......nts raised by the defendant-petitioner while dismissing the leave-petition and we do not find any new ground or any new materials, which could be produced before this Division. Having regard to the facts and circumstances of the case, we do not find any ground for review. Further, this petition ..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......ually filed incompetent representation under the garb of review before the Secretary, Ministry of Finance, Banking Division and the same was rejected on 3-8-1997 and in such view of the matter the question of filing review petition before the President did not arise. He, therefore, argued t......ng the same upon setting aside the judgment and order dated 20-11-1997 passed by the Administrative Tribunal, Dhaka in Tribunal Case No. 228 of 1997 allowing the same. 2. The relevant facts are that the appellant filed the above case before the Administrative Tribunal, Dhaka for decl..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......ted 8-12-2001 under sections 147/ 148/149/140/141/324/326/307 and 302 of the Penal Code now pending in the Divisional Druta Bichar Tribunal, Barisal in respect of the petitioner only. 2. The facts, leading to this petition, are that first information report was lodged by one Mojibur Rahman..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......ary, Ministry of Establishment, is from the judgment and order dated 25th June 2003 passed by the High Court Division in Writ Petition No. 4134 of 2002 making the Rule absolute. 2. The short facts for disposal of the appeal are that, the respondent as Writ petitioner, AKM Enayetullah, file..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... 6. The trial Court dismissed the suit on the finding that the suit is not barred by limitation, that the Heba-bil-ewaz deed is a genuine one, that Rativan Bibi executed and registered the deed in question on her free will, that allegation of fraud in the execution and registration of the docume......ported in 33 DLR (AD) 1. 14. The proposition of law relating to special burden of proof in respect of the Heba-bil-ewaz deed in question if considered in the background of the admitted facts that on the self same date Rativan Bibi executed 2 Heba-bil-ewaz deeds, one in favour of the ..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... of the two kabuliyats, one of 1927 and other of 1939 as there was necessity of reconciliation of the contention of the parties, as such, order of remand made keeping in view the question of ends of justice was quite legal and, as such, the High Court Division was in error in s......so as would have no effect or bearing on the result of the suit, the appellate Court without considering the vital aspect of the matter of admission of additional evidence in the background of the facts of the case was in serious error in allowing the defendants to introduce the kabuliyat of the..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ...... accused Abdul Quayum to be produced before the learned Magistrate is not above board. Moreso, a judicial officer behaved in an unusual and objectionable manner while he penned through the order in question on the back side of an application of accused Abdul Quayum dated 13-4-2005. The action of......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
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