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Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......e No.913 of 1977 of the Court of Sub-Divisional Magistrate Khulna, under section 561A of the Code of Criminal Procedure. Leave was granted to consider as to whether facts and circumstances of the case the learned Judges were justified in quashing the proceedings in exercise of the inherent power......he stock of whisky and cigarettes carried by the vessel were smuggled goods, bat were falsely shown at retention cargo for Rangoon. As a matter of fact those were meant for disposal in Bangladesh by clandestine means. It was further stated that respondent Tan Kheng Hock was nothing but a stowaway ..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
...... against him. When the proceeding was about to be completed the Second Screening Board found that the monthly remuneration of the petitioner being Tk. 804/- the Second Screening Board transferred the case of the petitioner to the First Screening Board on 1-11-74. It was stated in the Petition that t......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
..
Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......ndustrial licences are issued to Industrial Consumers on the recommendation of the Director of Industries for importation of industrial goods for use in the particular industry and in the instant case, the Director of Industries and the licensing authority categorically stated that the G.P. shee......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ...... prescribed period under the law, this matter was placed before the Advisory Board from time to time, and the Board expressed its opinion that his detention was necessary and on the last occasion his case was placed before the Board in March, 1976. This time as well the Board, recommended his detent......t of detention, specific provision of a positive law providing for such detention on its being satisfied as to the existence of certain circumstances authorising such detention. When the law of the land confers a power upon a certain authority to detain a person on being satisfied as to the existe..Category: Constitutional Law | Date: | Hits: 408
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. ......that the conviction was based upon independent evidence of P.Ws. 7, 8, 9 and 11. He also found that the evidence of those witnesses along with the confessional statement of Alo Ext. 8, proved the case against the accused persons beyond reasonable doubt. The Revisional case was dismissed. Leave w...... 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. ..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. ...... KM Subhan J Commissioner of Income Tax, Chittagong...........Appellant Vs. Mst. Safiya Bai..............Respondent Judgment March 31, 1978. Case Referred To- Mohori Bibi's case ILR 30 Calcutta 539 and 7 CWN (PC) 44. Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan,......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. ..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. ......ion for approaching the High Court against an award 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 wer......rator Dacca in Arbitration Case No.158 of 1967 arising out of L.A. Case No. 138 of 1961-62. 2. Short point for our consideration is as to whether in view of the fact that since the acquisition of land was made under section 93A of the Town Improvement Act, 1953 which does not provide for appea..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. ......nt. He has unequivocally surrendered the amount before the Income Tax authorities for the treatment they think proper. Record shows that the Respondent was given all the opportunities to defend his case but he either failed to avail of it or to satisfy the Income Tax authorities that they were the......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. ......dismissing the appeal and thereby affirming the judgment and order of conviction and sentence passed by the learned Sessions Judge, Patuakhali in Sessions Case No.23 of 1985. 2. Prosecution case, in brief, is that on 20.12.1984 at about 12.00 noon. P.W.2 Maksudur Rahman and deceased Shahj...... 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. ..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. ......88 in the Court of Senior Assistant Judge, Lalmonirhat Sadar impleading the petitioner as pre-emptee opposite party and opposite party Nos. 2-23 as other opposite parties for preemption of the case land under section 96 of the State Acquisition and Tenancy Act stating, inter alia, that the ......the Court of Senior Assistant Judge, Lalmonirhat Sadar impleading the petitioner as pre-emptee opposite party and opposite party Nos. 2-23 as other opposite parties for preemption of the case land under section 96 of the State Acquisition and Tenancy Act stating, inter alia, that the pre-em..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. ...... ditch and the said plot belonged to the Government khas Khatian No.1; that the plaintiff applied to the local revenue authority for getting settlement of the land of the said plot and a settlement case No.47G of 1959-60 had been started in the name of the plaintiff: that the plaintiff filled up ......that plot No. 99 had been an abandoned ditch and the said plot belonged to the Government khas Khatian No.1; that the plaintiff applied to the local revenue authority for getting settlement of the land of the said plot and a settlement case No.47G of 1959-60 had been started in the name of the p..Category: Property Law | Date: | Hits: 24
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ..Category: Election Law | Date: | Hits: 116
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. .......1993, against that a Civil Appeal was preferred before the Appellate Division being Civil Appeal No. 37 of 1995 but the. Civil Appeal was also dismissed on 14.12.1995. Thereafter, execution case was filed for implementation of the judgment and order passed in A.T. Case No, 129 of 1991 an ......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. ..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. ......l is directed against the judgment and order dated 21.03.2004 passed by a Division Bench of the High Court Division in Criminal Appeal No. 1891 of 1998 dismissing the appeal. 2. Prosecution case, in brief, is that on 01.12.1996 while victim Sohel, Zaved and Hashed as usual were going to t......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. ..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. ......he formal contract and ultimately in terms of the resolution of the Company a formal contract was sent to him on 13.12.1989 for his signature but the plaintiff refused to sign the same. The further case of the defendant is that the plaintiff was provisionally appointed and as he did not sign the ......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. ..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. ......l No. 69 of 1995 affirming those of dated 25.3.95 passed by the Administrative Tribunal, Dhaka dismissing Administrative Tribunal Case No. 93 of 1992. 2. The petitioner instituted the above case praying for declaration that the order of the rejection of petition for review dated 21.12.91 ......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. ..Category: Administrative Law | Date: | Hits: 92
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......eeing the suit for partition. 2. The respondent Nos. 1-8, as plaintiffs, instituted the above Partition Suit No.236 of 1972 praying for partition of ejmali property measuring 5.22 acres of land claiming seven annas share therein stating inter alia that the suit property originally belon..Category: Property Law | Date: | Hits: 33
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. ......an unsophisticated, illiterate village woman and the defendant did not deny the same. The onus, therefore, squarely fell upon the recipient of the document in question (the defendant in the instant case) that the lady executed the document in question with proper and independent advice and there ......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. ..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. ...... Case No.26 of 1983 but the same was dismissed on 28.3.1984. Thereafter the appellants filed the Title Suit No.22 of 1987 (the instant suit) seeking the relief as stated hereinabove. 3. It was the case of the plaintiff-appellants that the land in suit belonged to the Zaminder and the same was tak...... Suit No. 860 of 1981 was void, collusive and fraudulent and that the plaintiff of the said suit i.e. defendant in the instant suit (Title Suit No. 22 of 1987) had no right, title and interest in the land of the said suit i.e. Title Suit No. 860 of 1981 and the plaintiff of the instant suit has righ..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. ......ng the petitioner therefrom. The plaintiff is also entitled to get mesne profits for use and occupation of the suit land. 3. The said suit was contested by the defendant-petitioner and his case was that the suit land belonged to Kulsum Banu and one Bhupal Chandra Bardan took settlement ...... to Appeal No. 1030 of 1997 dismissing the same. 2. The plain tiff-respondent herein filed Title Suit No.252 of 1974 for declaration of his title and recovery of khas possession of the suit land and also for mesne profits stating, inter alia, that he purchased the suit land as described i..Category: Procedural Law | Date: | Hits: 71
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