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A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......it and permanent injunction alleging, inter alia, that the suit land recorded in C.S. Khatian No.361 of Mouja Uttardihi, under police station Fultali belonged to Sabed Gazi and Altab Gani in equal shares under the superior landlord Nironjan Roy Chowdhury. Sabed Gazi and Aftab Gazi on receipt of ..Category: Property Law | Date: | Hits: 138
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ...... No. 2, being son of the predeceased daughter Korfulennessa, and that as per law of inheritance in the plaintiff Nos.1 and 2 and defendant No.2 are co-sharers to the extent of their respective shares and that plaintiffs were in physical possession of the suit land and that the suit land not..Category: Property Law | Date: | Hits: 158
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....and the outstanding dues on account of those loans now stand at about Tk. 8 crores and that if the above property is sold at the shocking low price, the respondent No.2 will not be able to realize major of its outstanding loan. The learned Advocate of the respondent No.3, however submitted that ......there 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: 17 BLT (AD) (2009) 306. ..Category: Civil Law | Date: | Hits: 191
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......Khadem Sarder, Panchu Moral died leaving behind his only son Jongal Moral and during C. S. operation, the land of C. S. Khatian No.254 was recorded in the names of Barik and Khadem Sarder in equal shares and Jongal Moral being elder in age to Khadem and Barik got his name recorded in the C. S. K..Category: Property Law | Date: | Hits: 90
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....aims as to jurisdiction of the two important departments of the Government, the Customs and Anti-Corruption, to investigate any offences punishable under section 156 of the Customs Act. As one of the major revenue earning departments of the Government, the Customs Department has primarily been autho......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..Category: Fiscal/Taxation Law | Date: | Hits: 129
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....hange Department in Khulna Corporate Branch. 7. After a long silence of about 17 months, a formal letter of charge, vide Memo No. DCD/Section Gha/Khulna/D1887/104 dated 25.08.1996, proposing major penalty of dismissal from service under Rule 39 of the Sonali Bank Employees Serv......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ..Category: Administrative Law | Date: | Hits: 423
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....in the S.A. Khatian and they filed Title Suit No. 520 of 1957 before the Second Munsif Court, Bagerhat and that suit was decreed on and in that suit the plaintiff Ananda Chandra Dakua who attained majority in the Year 1957 was the defendant No. 2 and decree holders filed Miscellaneous Case No. 5...... in the name of the plaintiff and only 1. 0825 acres was recorded in the name of the plaintiff and the rest 2. 6825 acres of land was wrongly recorded in the name of the defendants more than their shares and that record is illegal and the plaintiff possessed the disputed 'kha' schedule land sepa..Category: Property Law | Date: | Hits: 27
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......herit the interest of the land of the suit property on her death being the residuaries in order of succession as male descendants of more remote true grandfather. Accordingly, on calculation of the shares of the defendant in the suit land High Court Division accordingly decreed the suit. We have p..Category: Property Law | Date: | Hits: 31
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
..... 21 of 1996 is a valid piece of legislation and the Indemnity Ordinance No. 50 of 1975 is void being ultra vires the Constitution. Submissions of the learned Attorney General and the views of the majority Amicus Curiae on the points of validity of the Indemnity (Repeal) Act No. 21 of 1996 and t...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..Category: Constitutional Law | Date: | Hits: 167
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....ference. As a matter of fact the third Judge is not bound by any such opinion of the Division Bench. He is not hearing the matter as if he is sitting in a three Judge Bench where the opinion of majority would prevail. We are thus of the opinion that Prasad, J was not right in his approach an......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....ins law it has to be treated as always speaking. Further Bhagabati J in the case of National Textile Workers’ Union V. PR Ramakrishnan, AIR 1983 S.C. 75 Bhagwati, J. speaking for the majority observed as follows: “We can not allow the dead hand of the ...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....no difference. As a matter of fact the third Judge is not bound by any such opinion of the Division Bench. He will not hear the matter as he is sitting in a three-Judge Bench where the opinion of majority would prevail.” 485. In the case of Mattar–Vs- State of UP ......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....e one for which the individual is best fitted by nature; thus, natural law is upheld. Aristotle believed that Justice exists in the law and that the law is “the unwritten custom of all or the majority of men which draws a distinction between what is honourable and what is base”. The c......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....e evidence of prosecution witnesses. 794. In the case of Hazrat Ali (54 DLR 636), it has been observed that when the evidence of witnesses is disbelieved by the Court in respect of a major part of the prosecution case regarding the involvement of the accused persons, the testimony...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ..Category: Criminal Law | Date: | Hits: 291
Special Reference No.1 of 2009, 38 CLC (AD)
....Milligan was a civilian resident of Indiana. On an allegation of treason against the Republic, he was tried by a military commission and sentenced to be hanged. 82. Mr. Justice Davis delivered the majority opinion of the Supreme Court in a writ of Habeas Corpus. We quote the relevant portions of ......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....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) 661, 63 DLR (AD) (2011) 122....... Exts. A and B as fraudulent pieces of documents. 6. As it appears the High Court Division made the Rule absolute holding that admittedly suit land belonged to Rustam Ali and Sarifunnessa in equal shares and D.W.2, Shree Sivish Chandra, the process server, in his disposition asserted that he on..Category: Property Law | Date: | Hits: 25
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......ower and authority that was conferred on the respondent No.1 as the management of the company in as much as the power of the Executive Director with regard to purchase and sale remained intact and shares held by the Directors also remained unchanged and the respondent No.1, as Chairman, had the ..Category: Criminal Law | Date: | Hits: 44
Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)
....e of the view that the High Court Division did not any kind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......nd his only brother Moslem Khan as his heir and successor. Thereafter Moslem Khan died leaving behind two sons Mujibor Khan and accused Rustam Ali Khan who inherited the aforesaid property in equal shares, that Mujibor Khan transferred one acre of land out of said property on 20.02.1994..Category: Criminal Law | Date: | Hits: 57
H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)
....ngladesh and the directors of respondent No.4. 11. It was stated that following the signing of the said shareholders' agreement affairs of the company was run by respondent No.4 as majority shareholder and was also holding the post of Managing Director of the company. ......copy of the schedule X as of 13.06.2002 (which is the latest schedule Z as obtained from the office of the proforma-respondent No.4 shows that the respondent Nos.1 and 2 own 1, 74,096 and 1, 28,406 shares respectively i.e. 305602 shares out of 19.84,592 shares which 15.444% of the total shares an..Category: Business or Commercial Law | Date: | Hits: 193
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