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Displaying 1601-1620 of 1984 results.

Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

....und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......rom the list of aban­doned property. As such the moment it was held that the properties of the Respondent No.3 are not abandoned prop­erty, the abandoned property authority under the law is duty bound to return the property to the claimant upon removing the encumbrance created by it i.e. ..

Category: Property Law | Date: | Hits: 36

Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)

....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......ioner. The story of taking the signature of the plain­tiff fraudulently is false. One Zahiruddin was appointed as caretaker and licensee in respect of some of the premises but he did not perform his duty as per instruc­tions of the defendant petitioner. So, the petitioner instituted a suit for his..

Category: Tenancy Law | Date: | Hits: 155

Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)

....li. There were certain property which were left out of the waqfnama but those were also recorded in the R.S. Khatian as waqf property in accordance with the wish of the wakif. For dealing with the excess land a mis­cellaneous case being Miscellaneous Case No. 10 of 1952 was started by the Re......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..

Category: Trust/Waqf Law | Date: | Hits: 171

Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)

....hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......re enlisting the said plot in the 'Kha' list of the abandoned property. 5. The High Court Division in its judgment referring to the decision reported in 48 DLR (AD) 1 took the view that the duty is upon the person, who claims that the property is not abandoned, to show that at the relevan..

Category: Property Law | Date: | Hits: 41

Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)

....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......e but he in collaboration with P.W. Abu Taher implicated him in this case. 8. The definite case of accused Pradip is that no dollar was recovered from him and at the relevant time he was on duty in the Rajarbag Police Line and there is no nexus between him and the alleged offence. ..

Category: Criminal Law | Date: | Hits: 40

Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)

.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......bedroom with her minor son. The defence plea under section 105 of the Evidence Act or a special plea under section 106 of the Evidence Act, even if not proved, does not absolve the prosecution of the duty to prove the present case beyond reasonable doubt. Reference may be made of the case of Safder ..

Category: Criminal Law | Date: | Hits: 94

Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)

....alma, defend­ant No.1, purchased 1.00 acre of land out of 1.35 acres of land of Plot No. 125 from Nizam-uddin, who had title to only 0.70 acre of that plot and the dispute arose because of the excess purchase which cannot be validated by the deed of partition. 15.  He lastly arg......cogent ground for interference in the impugned judg­ment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..

Category: Procedural Law | Date: | Hits: 86

Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)

....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......it is abundantly clear that no fresh material could be produced before the inquiry officer from the department but in spite of that the inquiry officer found the respondent guilty of negligence of duty and inefficiency. He has not found the respondent guilty of any corrupt practice. In the 3rd i..

Category: Administrative Law | Date: | Hits: 94

Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)

....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......rghata Government Primary School Polling Centre within Nazirpur PS, but he remained absent and engaged opposite party No. 15 Shahidul Islam, an Assistant Teacher of the said Madrasha to perform the duty of Assistant Presiding Officer in his place by false personation, This was done for influenci..

Category: Election Law | Date: | Hits: 126

Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)

....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......aid that the appellate has nowhere showed that he prayed to the Returning Officer for giving him the opportu­nity to remedy the defect as occurred in his nomination paper. It is, no doubt, the duty of the Returning Officer to allow any defect which is not of a substantial nature to be remedi..

Category: Election Law | Date: | Hits: 114

Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)

....ure and the order was ultimately set aside as stated above. 8. Mr. Md. Ansar Ali, the learned Counsel appearing for the appellant submits that the learned Judge of the High Court Division acted in excess of his jurisdiction under section 115 of the Code of Civil Procedure in reversing the finding......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..

Category: Tenancy Law | Date: | Hits: 142

Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)

....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207.  ......s necessarily be just. If the laws which this court administers does, therefore, amount to what is known as harsh or unjust legislation the court will still have to administer it. As to what is the duty of the Judges in administering harsh or even an unjust law, I would like to refer to a passage..

Category: Constitutional Law | Date: | Hits: 307

Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)

....ned Counsel could not point at any illega­lity or infirmity in the decision of the High Court Division so as to call for any inter­ference. The petition is dismissed. Ed. ......so the other materials on record including the statements under section 161, Cr.P.C and that the accused petitioner is an Additional Income Tax Commissioner and on the date of occurrence he was on duty at Chittagong, rightly discharged him. 4. As it appears the High Court Division made th..

Category: Criminal Law | Date: | Hits: 39

Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)

.... the counter-claim is in respect of an ascertained sum of money exceeding the plaintiff's demand and in that case it is permissible for the Court to pass a decree in favour of the defendant for the excess sum over the plaintiffs demand. Although the word set off only is used in Order VIII, rule 6...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..

Category: Civil Law | Date: | Hits: 111

Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)

....der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ...... agent and those were received by the import section, Customs House, Chittagong under bill of entry Nos. 961 and 962 dated 4-4-1993 for release of the cargo. The writ petitioner was to pay customs duty and other dues at the rate of US$ 1,560 per metric tonne which was the rate at the time of ope..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)

....estopped from filing the writ petition in question and the Rule issued therein was therefore liable to be discharged summarily. It is also argued that the learned Judges of the writ court acted in excess of their jurisdiction in negotiating the price and directing the writ respondent Govern­......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ..

Category: Others | Date: | Hits: 88

Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)

....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ...... provisions of the said two Articles are very extra-ordinary and they are likely to entail unnecessary hardships and injustice in some cases but such consideration should not deflect a Court from its duty to interpret law in the light of manifest intention of the legislature." Solicitor, Government ..

Category: Anti-Corruption Laws | Date: | Hits: 219

Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)

....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......e or violence will not only be illegal but will Constitute cog­nizable offences punishable under the Penal Code and other penal laws of the country and any Government worth the name will be duty bound to protect the people by bringing to book the offenders regardless of what party they b..

Category: Criminal Law | Date: | Hits: 79

Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)

....that end in view has introduced the SRO No./214 dated 28.10.1993 in respect of the import in question but the tariff value deter­mined by the Government under the provision of section 25(7) is excessively higher and has no nexus to the international market price and the Government did not ha......ection, the Government may by notifica­tion in the official Gazette, fix for the purpose of levying customs-duties, tariff values for any goods imported or exported as chargeable with customs duty ad-voloram; Provided that any imported or exported goods the declared value of which is highe..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Mokbul Hossain (Md) Vs. Government of Bangla­desh and others, 2006, 35 CLC (AD)

.... Appellate Tri­bunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......jganj, who returned the bills without payment. 3. The appellant then filed a case before the Administrative Tribunal, Bogra for getting financial benefits for the period of his absence from duty from 17-11-1981 to 31-3-1995 and also for a declaration that the Ministry of Finance had no ju..

Category: Administrative Law | Date: | Hits: 132