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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....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. ...... envisages that it is completely the discretion of the third learned judge as to how he will hear the case. The third learned judge is completely free to resolve the matter as he thinks fit in his full discretion. According to Section 429 of the Code of Criminal Procedure the third judge is free......orted in AIR 1971 SC 1836, there was difference of opinion with regard to all the accused persons. Supreme Court of India held that the third learned Judge could deal with the whole case. The language of Section 429 of the Cr.P.C. is explicit that the case with the opinion of the Judges comprisi..Category: Criminal Law | Date: | Hits: 208
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......laint and stating, inter alia, that the land in suit was never the land of the Sitakunda Mela Committee and the same belonged to C.S. recorded tenants Elahi Boksha and Mowla Boksha and the land being full of jungle and bushes the C.S. recorded tenants abandoned the land and in that state of the matt...... different persons on monthly rent basis, that during war of liberation 'kacha' huts were burned by the Pakistani Army and consequent thereupon the land in suit had fallen vacant and taking advantage thereof defendant No.1 of Other Suit No.157 of 1984, defendant No.1 of Other Suit No.158 of 1984..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......n record and the submissions made on behalf of the Dockyard Group clearly found that Taka 28 lakh as the 2nd installment of loan was disbursed and received by the Dockyard and that the Dockyard is fully liable to repay the said amount apart from the admitted amount of Taka 14 lakh. 25. As......980 and lastly, on 20-8-1982 when the legal notice was served. The Sangstha therefore, prayed for an order directing the opposite parties, to pay all its dues with interest, liquidated damages, compensation, other charges and legal expenses. 11. The Dockyard Group (Opposite Part..Category: Business or Commercial Law | Date: | Hits: 311
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......): For those whose hearts have been (recently) reconciled (To Truth); for those in bondage and in debt; in the cause of Allah; and for the wayfarer:( Thus is it) ordained by Allah. And Allah is full of knowledge and wisdom." 40. We have taken the translation from the revi......ed into, by the worldly law/man-made law, for and on behalf of its account holders/depositors as well as in respect of the persons associated with the corporate body in the matter of running or management of its business as 'Zakat' in the present concept of institution of 'Zakat', and in the bac..Category: Fiscal/Taxation Law | Date: | Hits: 145
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......4 before the court of Upazila Magistrate, Cox's Bazar under sections 420/406 of the penal code against the accused petitioner alleging, inter alia, that the complainant and the petitioner had been engaged in partnership business of salt and dry fish. The accused petitioner maintained the accounts an..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......red 98 decimals of land in plot No.1828 out 110 decimals to him (pre-emptee) on 14.12.1995 vide sale deed No.5416 at the consideration of Tk. 12,000/- and accordingly delivered possession to him with full knowledge of the other heirs of Afsaruddin including pre-emptor (full brother of the pre-emptee......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ..Category: Property Law | Date: | Hits: 37
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......ef Justice- “I, .............., having been appointed Chief Justice of Bangladesh (or Judge of the Appellate/High Court Division of the Supreme Court) do solemnly swear (or affirm) that I will faithfully discharge the duties of my office according to law; That I will bear true faith and allegiance......No. 2056 of 2008) Judgment February 25, 2009. Result: The Judgment is passed with some observations. Cases Referred to- Al-Jehad Trust Vs. Federation of Pakistan, P.L.D. 1996 Vol-1 page 324; Anwar Hussain Chowdhury and others Vs. Bangladesh, 41 DLR (AD) 165; Secretary, Ministry of ..Category: Constitutional Law | Date: | Hits: 251
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......it was not mentioned that the defendant was a benamder of decree holder Zulkader Khan and on 10.12.1987 delivered the possession and the said Money Execution Case No.2 of 1985 was disposed of with full satisfaction for paying TK.11,487.75 by the defendant No.1, father of the plaintiffs mortgaged.......12.1987 delivered the possession and the said Money Execution Case No.2 of 1985 was disposed of with full satisfaction for paying TK.11,487.75 by the defendant No.1, father of the plaintiffs mortgaged the 1st schedule land to the defendant for 7 years. In that way father of the plaintiffs' Zulk..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....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: ......t in time. 13. On extensive and careful consideration of the submissions made by Mr. T.H. Khan, Mr. Rafiq-ul-Haq and Mr. Rokanuddin Mahmud against maintainability of the present reference I respectfully defer with them and I am of the opinion that there is neither any good or weighty reason of a ...... AIR 1980 SC 1612, Waddington Vs. Mia (1974) 2 A.E.R. 377; 7 BLC (AD) 73, Narasappa Ashappa V. State, 1973 Bom LR 221: 1973 United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. 7 BLC (AD) 2002 page 73; State of M.P. V. Tikamdas, AIR 1975 SC page 1429; Abdul Mannan Bhuiyan V. State, 60 DLR (AD)..Category: Constitutional Law | Date: | Hits: 289
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ......osed of by the learned Additional District Judge, 4th Court, Dhaka, allowing the appeal holding, amongst others, that: "It is stated in Section 18(1) (5) that so long a tenant paid rent to the full extent he is not defaulter. It has no stated anything about rents. So it indicates one mont...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ..Category: Tenancy Law | Date: | Hits: 145
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......riginal owner of the suit land after his death heirs son Amiruddin, Zainuddin and daughter Banu Khatun inherited the suit land. Thereafter, Zainuddin and Banu Khatun died leaving behind their only full brother Amiruddin and thus, Amiruddin became the owner to the extent of 16 anneas share. The R......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ..Category: Property Law | Date: | Hits: 25
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.......Ordinance, 1959, the suit land including the Bazar was forfeited by the Deputy Commissioner, Dhaka, and that the Bazar including the suit land is locally as Rumpura Bazar which has been established a full fledged Bazar as defined under section 2(12) and section 20(a) of the State Acquisition and Ten...... the dwelling tinsheds of Rustom Ali were blown away by a devastating storm which resulted in shifting of the residence of Rustom Ali to 45/5, Bamacharan Chakarborty Hoad, old Dhaka; taking the advantage of the absence of Rustom Ali from the suit land, some unknown person at first began to use the 1..Category: Property Law | Date: | Hits: 25
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......on upon the appellant not to publish notice and that the said notice of non-maintainability has been affirmatively held by the High Court Division; that if the compensation is not paid in full the balance of amount to be paid at the rate of present market value inasmuch as the compen&sh......n reopening the factual and procedural aspects of L.A. case No. 138 of 1961-62 inasmuch as those issues had been finally settled by the High Court Division in the case reported in 46 DLR at page 205 and the said judgment had been affirmed by the Appellate Division, Supreme Court of Banglad..Category: Property Law | Date: | Hits: 41
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......g Limited and others including the petitioner on 30th January, 1992 for which an amount of US$ 2,49,988.37 equivalent to Taka 2,27,65,358 has already been enjoyed/received by the respondent No.1 in full and final settlement of their claims and that has been supported by their documentary evidenc......it. 2. The facts alleged in the case, in short, are that the plaintiff as an exporter of frozen fish entered into an agreement with defendant No. 5 'Flag Importers Inc' of USA through their agent defendant No. 6 for exporting headless prawn and accordingly, an irrevocable letter of credit..Category: Business or Commercial Law | Date: | Hits: 178
Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)
....hen Rana went to search his mother but came back in vain without getting her and had his sleep keeping the door open. On the following morning at 7:30 A.M. one Mannaf informed that a dead body of a woman was lying in front of house of Taher Shaheb; informant's daughter Sadia Sultana went to that......ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ..Category: Criminal Law | Date: | Hits: 52
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
.... that in the instant case, there is no doubt about the custodial death of the wife where husband is to be considered main perpetrator of the crime observing that in such crime against newly wedded woman generally committed within the four walls of the house maintaining secrecy, independent witne......r passed by the high Court Division as well as of the Tribunal and other materials available on record. 9. We have perused the impugned judgment and order of the High Court Division carefully and anxiously. The learned Judges discussed and considered the facts, circumstances, ev......hefali Begum, lodged an ejahar with the Officer-in-Charge, Kotwali Police Station, Faridpur, alleging, inter alia, that 21 days before the occurrence his sister, Sefali Begum was given in marriage to the condemned-prisoner and at the State the time of marriage a cash sum of Tk. 20,000/-(twe..Category: Criminal Law | Date: | Hits: 96
Mahbubur Rahman Miah Vs. MA Kabir Chowdhury and others, 2009, 38 CLC (AD)
....Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 573. ......se No. 3 of 1997 was filed and it was numbered as Other Execution Case No. 20 of 2003 in the Court of Joint District Judge, 1st Court, Chittagong and the said execution case was disposed of on full satisfaction after delivery of possession as per report of the bailiff order dated 12.7.2......Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 573. ..Category: Property Law | Date: | Hits: 25
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....ere 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: VI ADC (2009) 551. .......1970 with Abdul Hamid Khan Qamar who purchased the said property from Messrs Eastern Housing Limited by a registered deed of sale dated 25.08.1966, and in term of the above agreement she paid the full consideration money of TK.5,000.00 which the vendor received but the consideration money ......rt Division discharged the Rule holding that the records show that the property was declared as an abandoned property and was enlisted in the Ka List and the government took control management and supervision of the above house through allottee Wahiduzzaman, a demand note holder, who..Category: Property Law | Date: | Hits: 26
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......2005 of the High Court Division passed in Death Reference No.112 of 2003 accepting the same. 2. The prosecution case, in short, is that Khodaja Bibi alias Komola, the victim, was given marriage to the petitioner who, after the marriage, started maltreating her for money and as a result th..Category: Criminal Law | Date: | Hits: 50
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
.... on the part of the writ petitioner look after the minors. The High Court Division considered these contentions of the respondents and thereupon has observed "It cannot be said that a working woman divorced by her husband in unworthy of the custody of her minor children". 14. T......o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......1-3 denying the averments made in the writ petition except the fact that respondent No.1, in the writ petitioner, and the writ petitioner were married on 15 January, 1993 and that out of their marriage a boy and a girl born on December 11, 2002 and August 30, 2000 respectively. It was the case of..Category: Family Law | Date: | Hits: 171
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