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Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....vil appeal by leave is directed against the judgment and order dated 19-3-1998 passed by a Division Bench of the High Court Division in Writ Petition No. 561 of 1989 discharging the Rule. 2. The facts of the case, in brief, are that the property, release whereof was sought from the 'Kha'...... (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Aftab Uddin (Md.)......................Appellant Vs. Chairman, Court of Settlement and another ............Respondents Judgment February 19, 2014. Result: The appe......e 'Kha' list of the Abandoned Buildings is not available to him and the case so filed is liable to be dismissed. 5. The Court of Settlement on due consideration of the materials and evidence on record arrived at the findings that 'it is abundantly clear that the petitioner has ..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ......justified in maintaining assessment framed by the DCT instead of the provision of section 35(4) in as much as the applicant maintained proper books of accounts employee regularly method of accounting and without having categorically said that profit and loss could not be deduce therefrom. (III)......করিয়াছেন; In the process of assessment, he may reject any allowanmce /or deduction claimed under the Ordinance for reasons to be recorded. But he must remeber as he could ask for evidence in support of any allowance or deduction claimed by an assessee similarly, he shall have to..Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
....eal arising out of the common judgment and order between the same parties and involving common question of law and fact having been heard together are disposed of by this single judgment. 3. The facts leading to the filing of both the civil petitions for leave to appeal, in brief, are: The......ent: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J S.N. Kabir...........................................Petitioner Vs. Fatema Begum and others...……………Respondents Judgment February 16, 201......d, it shall be presumed that he has disposed of his beneficial interest therein as specified in the deed and the transferee or legatee shall be deemed to hold the property for his own benefit, and no evidence, oral or documentary, to show that the owner did not intend to dispose of his beneficial in..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....(Bishesh Bidhan) Ain, 1995 and sentencing each of them to suffer imprisonment for life and also to pay a fine of Taka.5,000 each, in default, to suffer imprisonment for 1 (one) year more. 2. The facts, leading to the filing of this criminal petition for leave to appeal, in a nutshell, are: ......sain J Md. Imman Ali J Md. Anwarul Haque J Sukur Mahmood and others.......................Petitioners Vs. State..........................................d P.W.2, the victim and P.Ws.4 and 5 deposed that the accused took the victim with a promise to give her job and without doing so they sold her to a brothel and that there was no contradiction in the evidence of the victim and that of her father, P.W.1. The conviction and sentence will serve as..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....haka in Title Appeal No.120 of 1991 receiving the judgment and decree dated 31-1-1991 passed by the learned Assistant Judge, Dhamrai, Dhaka in Title Suit No.65 of 1989 decreeing the suit. 2. The facts, leading to this appeal, in brief, are as follows: The appellants herein as the plaintiff......ivision (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali Md. Anwarul Haque J Delipjan being dead her heirs: Fazal Haque and other........Appellants Vs. Shahed Badsha and others…………&h......any interference. He further submits that lower appellate Court erroneously came to a finding that P.Ws.2 and 3 admitted that defendant Nos.1-8 had been in possession of the suit land and that if the evidence of P.Ws.2 and 3 is considered as a whole, it will transpire that they, in fact, supported t..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Loreeto……………........................Appellant Vs. Nasreen Sobhan and another...... ......Respondents Vs. Judgment ......y;tion of the tenancy by legal notice under section 106 of the Transfer of Property Act while passing a decree for ejectment and secondly, whether in the absence of sufficient pleadings, prayer, evidence and findings in support of compensation, the court has power to pass such decree. 2. F..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....ticle 104 of the Constitution in order to do complete justice and in support of his submission, he has referred to the case of M/s Gannysons Limited Vs. Sonali Bank, 37 DLR (AD) 43. 12. From the facts of the case and also the finding of the High Court Division, one thing is very clear that Mort......e J AHM Shamsuddin Choudhury J Selim Hossain (Md.)...………………..............Petitioner Vs. Shahabuddin Ahmed and others .............Respondents Judgment &nb......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
.... order. 6. Feeling aggrieved the accused preferred the instant Revision and obtained the present Rule. 7. No one appears on behalf of the petitioner to support the Rule. In view of the facts this is an old Revision of 2000, we are inclined to take it up for disposal on merit consideri......;……………………. (10) Lawyers Involved: No one appears—For the Accused Petitioners. Sakila Rowshan, DAG with Sharmina Hague, AAG and Md. Sarwardhi, AAG—For the State Opposite Party. Criminal Revision No. 585 of 2000. ......ring the consequence of the prosecution case sent it for further investigation. At any stage of the proceeding if it appears that further investigation is required for collection of further evidence the case can be sent for further investigation. So, the learned Magistrate acted within his..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
.... doubt, an error of law resulting in an error in the decision occasioning a failure of justice warranting interference from this Court. 14. From the foregoing discussions and in view of the facts and circumstances of the case, I find merit in the Rule. The Rule, therefore, succeeds. ...... Rule is made absolute. Small Causes Court Act (IX of 1887); Section 15(2) (3) Jurisdiction of Small Causes Court— Subject to the exceptions specified in the second schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....se dated 31-7-1986 passed by the learned Subordinate Judge (now Joint District Judge), First Commercial Court, Chittagong in Mortgage Suit No.46 of 1985 decreeing the suit for redemption. 2. The facts, leading to this appeal, are precised below: Respondent No.1 as the plaintiff instituted ......66 DLR (AD) (2014) 162. ......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
....ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ...... (Civil) Present: Syed Mahmud Hossain J Md.lmman Ali J Md. Anwarul Haque J Mortuz Ali Khalifa............Appellant Vs. Jobeda ® Kalu Bibiand others...........Respondents Judgment January 29, 2014. ....... Recall the plaintiffs' witnesses for cross-examination It is a cardinal principle of law that every party to litigation must be given opportunity to place his case with relevant evidence. It is also an established principle and a requirement of law that a party to the suit..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
....anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......ab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Chowdhury J
Anti-Corruption Commission........................Petitioner
Vs.
Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku and another...........Respondents
Judgment
January 27, 2014.
Result......-aside the conviction of the accused-respondent in respect of an offence under section 27(1) of the Ain read with section 5(2) of Act 11 of 1947. And in doing so, it has not at all discussed the evidence on record.......(6)
Cases Referred to-
Anti-Corruption Commission Vs. Dr. Mohiudd..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 10
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
.... Criminal Revision No.823 of 2012 with Criminal Revision No. 826 of 2012 Judgment Md.Ruhul Quddus J.- These two Rules between the same parties involving common questions of facts and law have been heard together and are being disposed of by one judgment. 2. The Rule i...... late Md. Motiur Rahman, Sabbir Tower (5th Floor), 3/4, Purana Paltan, Police Station-Paltan,District-Dhaka…………..Petitioner (In both the revisions) Vs. The State and Md. Syed Rejaul Karim Salim,son of late Abdur Rauf and the Managing Director, Gomati Housing Ltd......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
.... in Miscellaneous Appeal No.66 of 2002 reversing the judgment and order dated 22-5-2002 passed by the learned Senior Assistant Judge, Nandail, Mymensingh in Pre-emption Case No-5 of 2000. 2. The facts, leading to the filing of this civil petition for leave to appeal, in a nutshell, are: Th......ana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Abdul Hakim (Md.)………………….Petitioner Vs. Md. Nazrul Islam and others………………….Respondents Judgment Ja......er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
....24-3-2003 passed by a Division Bench of the High Court Division in Criminal Revision No. 227 of 2003 granting ad interim bail to the petitioner, Dr. Fazlur Rahman respondent herein. 2. The facts in brief are as follows: Dr. Fazlur Rahman, respondent herein, was accused in Metrop......lowed. No Court of law can give any protection or entertain any application by a person Fugitive from Justice An accuse person who avoids the process of any court is a fugitive from justice and can not seek justice without surrendering before a court of law. A man who seeks justice fr...... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
.... by leave, is directed against the judgment and order dated 25-3-2001 passed by a Division Bench of the High Court Division in Reference Application No.43 of 1997 rejecting the reference. 2. The facts of the case, in brief, are that the appellant filed return for the assessment year 1991-92 sho......n-Record—For the Respondent. Civil Appeal No.279 of 2002 (From the judgment and Border dated 25th of March, 2001 passed by the High Court Division in Reference Application No.4......rounds upon which leave was granted. He submitted that the High Court Division acted illegally in not considering that the Tribunal applied GP at the rate of 20% without taking into consideration the evidence on record when the misreading and non-consideration of evidence are questions of law a..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
.... of the agreement has no legal right to file the suit. Learned Advocate further submits that the decision relied by the learned Judge in arriving at the decision have no mariner of application on the facts of the given case. 9. Mr. Raghib Rouf Chowdhury, learned Advocate, appearing for the plai......ul Islam, 49 DLR (AD) 177 Mozibar Rahman Vs. The Chairman, Dhaka Improvement Trust DIT Building, Dhaka, 41 DLR (AD) 131 D Wren International Ltd. Vs. Engineers India Ltd., AIR 1996 Calcutta 424 Desai and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19 Jamuna Oil Company Limited Vs......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... behaviour is guided by reason and purpose and seldom bizzare. It is, therefore, necessary to apply the principles of logic, both deductive and inductive, particularly in excluding from consideration facts and circumstances which are not relevant for determination of issues raised. ("The R......ri Sangha Vs. AIR Ltd., AIR 1988 SC 1325; Seraj Uddin Ahmed Vs. AKM Saiful Alam, 56 DLR (AD) 41; M. Amir Khan Vs.Collector Estate Duty, 14 DLR (SC) 276; Northwest Frontier Province Vs. Suraj Narain Anand, PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR......e it. Section 19 of the Act and Rule 53(ii) are relevant to address the point raised at the Bar. These provisions read as under: "19. (1) A Tribunal shall not be bound by technical Rules of evidence; and it shall adopt and apply to the greatest possible extent expeditious and non-tech..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
....by leave, is directed against the judgment and order dated 2-7-2003 passed by a Division Bench of the High Court Division in Criminal Appeal No. 2907 of 1999 allowing the appeal. 2. The relevant facts are as follows: The Appellant was the Tahsildar-in-charge of Majenpur, Tahsil Office from......, Advocate-on-record—For Respondent. Khurshid Alam Khan, Advocate, with leave of the Court—For Anti-Corruption Commission. Criminal Appeal No.22 of 2004. (From the judgment and order dated 2nd of July, 2003' passed by the High Court Division in Criminal Appeal No. 2907......ction 5(2) of the Prevention of Corruption Act, 1947. The charge was read over to the accused to which he pleaded not guilty and claimed to be tried. 5. The learned Divisional Special Judge took evidence and at one stage found that the charge framed was detective since the three years' peri..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ......rt Division (Criminal Revisional Jurisdiction) Present: Muhammad Abdul Hafiz J Md. Ruhul Quddus J Md. Abdur Rob Bhuiyan............................................Petitioner Vs. Sheikh Ahammed and others…………......................Opposite Parties Judgment November 21, 2013. Result:...... Vs. Sheikh Ahammed and others…………......................Opposite Parties Judgment November 21, 2013. Result: The Rule is discharged. In a criminal revision the scope of reassessment of evidence is narrower than that in an appeal. It is also difficult to interfere with a judgment and o..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
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