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.... until the expiry of ninety days from the date of expiration of its term, whichever is earlier.
(1A) Where a Union Parishad has ceased to function under the proviso to sub‑section (1) before the holding of the first meeting of the Parishad constituted to succeed it, an Administrator appointed b......sdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
Abdul Hasib J
SM Abdur Rob…………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and others..................Respondents
Judgment
December 19, 199..
Category: Election Law | Date: | Hits: 129
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
.... respondent filed Criminal Appeal No.91 of 1986 and by the impugned judgment dated 28.5.86 the learned Additional Sessions Judge set aside the judgment of the trial Court and acquitted the respondent holding that there was no initial intention to cheat on the part of the accused and the transaction ......with the help of police of Doublemooring police station. Thereafter complainant filed the complaint case before the Metropolitan Magistrate, Dhaka on 25.8.85. The complainant therefore, prayed for recovery of the said goods and punishment of the accused for cheating. 3. Defence of the accused is ..Category: Criminal Law | Date: | Hits: 69
Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....order' on a recommendation which is placed before him. 4. It further appears that after the detenu was arrested a GD was made on 24‑10‑2002 under section 54 of the Special Powers Act and after holding investigation the police recommended discharge of the present detenu and other accused of th......03) 327...Category: Criminal Law | Date: | Hits: 55
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....rayesuddin J.- In this revision Rule was issued upon the opposite party to show cause as to why the judgment and order passed by the learned session Judge Satkhira in Criminal Appeal No. 47 of 1997 upholding the judgment and order passed by the Magistrate 1st Class, Satkhira in GR Case No.582 of 199......y the Magistrate 1st Class, Satkhira in GR Case No.582 of 1995 should not be set aside. 2. Facts necessary to dispose of this revision in brief, is that on 6‑10‑1995 Head Mistress of Satkhira Government Girls' High Court School lodged a first information report at the Satkhira Police Station ..Category: Criminal Law | Date: | Hits: 62
....ioner submitted the Bill of Entry on 4‑11‑1997, vide Annexure-C series. But by impugned order dated 2‑6‑1998 (Annexure-A) the Custom Authority has refused to assess and deliver the said truck holding that "though from the Invoice, English translated copy of the original Registration Cancella......er of application in the instant case and, as such, are inoperative.
12. The learned Assistant-Attorney-General has produced a Chassis Book issued by the Japan Automobile Association for a period covering from 1987‑1991 and submitted that the particular Chassis number that has been mentioned in..
Category: Business or Commercial Law | Date: | Hits: 209
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....ference applications. These are: 1. Whether in the facts and circumstances of the case and having regard to the provisions of the Income Tax Act, 1922 and the Convention, the Tribunal was right in holding that the Senior Appellate Joint Commissioner of Taxes was not justified in directing to adop......ach of the assessment years and directed the latter to assess the Company's taxes in respect of each of the two assessment years in question under the Double Taxation Agreement concluded between the Government of the People's Republic of Bangladesh and the Government of the United Kingdom and Northe..Category: Fiscal/Taxation Law | Date: | Hits: 120
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....ent No.1. Writ Petition No.1042 of 1990. Judgment Naimuddin Ahmed J.- By this writ petition under Article 102 of the Constitution the enlistment of certain property being a house situated at holding No. F/K/9, Sher Shah Colony, Nasirabad, PS Panchush, District Chittagong hereinafter called ......risdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Sarwari Begum………………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others……..Respondents. Judgment March..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....me village and he gave false name as he created the false will. He admitted that the testator was ill at the time of execution of the will and the thumb impressions were obtained by using ink made by holding a carbon paper upon a candle and attesting witnesses did not sign their names with his pen a......s at noon and P.W.3 Kiron Chandra Sarker, P.W.4 Jafindra Nath Aidya and P.W.5 Jogendra Nath Biswas attested the will in presence of other persons including P.W.6 Jadunath Biswas and the will was read over to the testator by P.W.2 and the testator himself also read the same and then put his thumb imp..Category: Property Law | Date: | Hits: 78
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... by defendant Nos. 2 to 18 of any function as office‑bearers of the Central Committee of Bangladesh Pustak Prakashak and Bikreta Samity (Bangladesh Book Publishers and Book Sellers Association) and holding of meetings of the said Committee scheduled on 11.2.1993 and 17.2.1993 by defendant No.9 vid......, the plaintiff's case is that the Bangladesh Pustak Prakashak and Bikreta Samity, briefly the Samity, with its central office at 3, Liakat Avenue under PS Sutrapur within Dhaka city and branches all over Bangladesh was incorporated on 21.11.1981 under the Companies Act. Under Article 25 of the Arti..Category: Civil Law | Date: | Hits: 104
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....ews of the High Court Division, the proceedings have not been abated and that there is no scope to reopen the issue of abatement. The High Court Division, in the premises, committed the same error in holding that this point could not be reopened since it had been decided in the earlier cases. 27....... challenging the Gazette Notification dated 17th May, 2001, by which, the writ respondent No. 3 cancelled the proceedings of L.A. Case No.01/89-90. The case of Rabitat, in short, is that it is a Non-Government International Islamic Organization providing assistance in the fields of education, cultur..Category: Property Law | Date: | Hits: 93
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....- This appeal, by leave, is directed against the judgment and order dated 17-11-2002 passed by a Single Bench of the High Court Division in Criminal Appeal No.2463 of 1999 dismissing the appeal and upholding the judgment and conviction under Section 409 of the Penal Code and Section 5 (2) of the P......gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ..Category: Criminal Law | Date: | Hits: 89
Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)
....Rule without considering the materials on record. The learned Advocate-on-Record further submitted that the High Court Division committed a manifest error of law occasioning failure of justice in not holding that Section 47 of the Artha Rin Adalat Ain, 2003 has put an embargo on claiming interest mo......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: 16 MLR (AD) (2010)149...Category: Civil Law | Date: | Hits: 94
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....y except the suit land and if he is compelled to transfer the suit land to the plaintiff he will suffer irreparable loss and injury. 4. The learned Assistant Judge, after hearing, decreed the suit holding that defendant No.1 has not taken any step to show that his transaction with the plaintiff a......being Tk.50, 000.00 there was no reason for him to transfer the same at Tk.35, 000.00 and that as the price of the suit land has increased the plaintiff, out of greed, has filed the instant suit. Moreover, the defendant No.1 has no other property except the suit land and if he is compelled to transf..Category: Property Law | Date: | Hits: 54
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
.... review petition for leave to appeal is directed against the judgment and order dated 04.06.2007 passed by this Division in Civil Appeal Nos. 33-34 of 1997 and 40 of 2000 dismissing the appeals and upholding the judgment and order dated 18.07.1994, 19.07.1954 and 20.07.1994 passed by the High Court ......the judgment and order dated 18.07.1994, 19.07.1954 and 20.07.1994 passed by the High Court Division in Writ Petition No.298 of 1987. 2. The respondent No.1 the Secretary, Ministry of industries, Government of Bangladesh and the respondent No.3 Bangladesh Steel and Engineering Corporation also pr..Category: Business or Commercial Law | Date: | Hits: 195
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
....ischarged the Rule. 5. We have heard the learned counsel perused the records and also judgment and order of the High Court Division. 6. As it appears the High Court Division discharged the sute holding that the defendant No.1 claimed title and possession of the suit land on the basis of the ka......rned Assistant Judge, Kalihati, Tangail in Title Suit No.58 of 1989 decreeing the suit. 2. The petitioners instituted the above suit for declaration of their title in the suit land and also for recovery of khas possession on the averments that the suit land, along with other lands, originally bel..Category: Property Law | Date: | Hits: 57
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
.... in the three huts and the plaintiffs are in possession of the land through the tenants, the defendants, that defendant No.1 upon executing an agreement of tenancy for 5 years entered into the hut in holding No.1075 at a monthly rent of Tk.100.00, that defendant having not cleared the rent, a suit, ......ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....aneous Appeal No.43 of 2007 in the Court of District Judge, Bogra, and by judgment and order dated 22.7.2007 the learned Additional District Judge, Bogra, who heard the above appeal, allowed the same holding that the acceptance of the bid of the respondent No.1 treating the same as highest bid was i......, inter alia, that Sonali Bank, the writ respondent No.4/ petitioner, filed Money Suit No. 44 of 1993 before the Artha Rin Adalat, Bogra, against Zaman Textile Mills, a proprietorship concern, for recovery of its due and after obtaining decree for Tk. 1,72,90,708/- Sonali Bank started Execution Case..Category: Civil Law | Date: | Hits: 89
Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....titioners submitted that the preemption case has been dismissed by the lower Appellate Court, which has been approved by the High Court Division, on misconception of fact and law. The disputed case holding being appertained to raiyati khatian and situated in the rural area it cannot be treated as ......use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ..Category: Property Law | Date: | Hits: 76
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
.... the judgment and order dated 14.1.2004 passed by the High Court Division in Criminal Appeal No. 2114 of 1998 dismissing the appeal with modification of the sentence in respect of imposing fine and upholding the judgment and order of conviction and sentence dated 20.8.1998 passed by the learned Judg......away. The informant chased the accused, who had thrown away the pipe gun to the western side of a nearby garden of one Gahor. The informant caught hold of him with the help of his companions. They recovered a pipe gun from him in presence of local witnesses. 3. The police on completion of the inv..Category: Criminal Law | Date: | Hits: 76
.... and perused the petition, the impugned judgment and order of the High Court Division and also other connected papers.
5. As it appears the High Court Division rejected the writ petition summarily holding that on or about 25.3.2007 Agrani Bank instituted Artha Rin Suit No.22 of 2007 against the p......
MM Ruhul Amin CJ
Mohammad Fazlul Karim J
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Qamruzzaman Shah……………………………………..Petitioner
Vs.
Government of the People's Republic of Bangladesh and another…………..Respondents
Judgment
..
Category: Civil Law | Date: | Hits: 77
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