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Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)
....made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......on which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ...... they executed and registered in favour of the Deity on 11.031956 by a deed of gift No.44774 with a condition that the said properties could not be sold by any one. The said endowment was public in nature. Thereafter some local religious people nominated a pujary Radha Raman Das by name for perf..Category: Civil Law | Date: | Hits: 110
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......llowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......fendant took back the sale agreement and returned Tk. 1,90,000/- forfeiting the balance amount, that the plaintiff created the so called second agreement dated January 23, 1978 and obtained her signature thereon by force with a view to compel her to refund the forfeited amount of the considerati..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......cision the Indian Supreme Court has made a comparison between duties and powers of Police officer and Customs officer which has a persuasive force. The function of the two authorities is of different nature and clearly spelt out in the Customs Act itself. The decision of the Calcutta High Court repo..Category: Fiscal/Taxation Law | Date: | Hits: 129
Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)
....ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ...... Ed. This Case is also Reported in: VI ADC (2009) 784. ......rred in law in not complying with the decision of Civil Revision No.890 of 2002 dated 15-03-2003 and the High Court Division failed to consider that the kabala dated 15-03-1988 will shown that the nature of the land in the deed also shown as paddy land. He further submits that in view of fact th..Category: Property Law | Date: | Hits: 27
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re 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) 772. ......e. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ......on 96 of the State Acquisition and Tenancy Act is not applicable to the respondent No.1 as per section 96(10)(1) of the said Act and further in the present case, the transaction is not in the nature of re conveyance or retransfer rather it is an out and out sale to the co-sharer before fili..Category: Property Law | Date: | Hits: 23
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ...... This Case is also Reported in: I ADC (2002) 230. ......im Miah of Writ Petition No. 62, of 2000 and the writ petitioner Md. Abdus Salam of Writ Petition No. 5362 of 2000 and applied for regularization of their service. Subsequent advertisement of similar nature was made by the PSC on 1.4.78 and the writ petitioners Nos. 2-10 of writ petition No. 62 of 2..Category: Employment/Service Law | Date: | Hits: 118
....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ...... of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......here disputed question of fact are involved and as such, appeal may be allowed.
19. Mr. Murad Reza further submitted that the writ petition itself being against a memo dated 19.03.2003 is of the nature of internal departmental communication addressed to the Additional Chief Engineer, RHD, Comil..
Category: Civil Law | Date: | Hits: 212
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ......smissed. Ed. This Case is also Reported in: ......uo; of the plaint upon eviction of the defendants and/or persons claiming through them and also for permanent injunction restraining the defendants from making any construction and/or changing the nature and character of the land as described in schedule ‘B’ of the plaint and on 19.6..Category: Property Law | Date: | Hits: 24
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ...... the appellant Farooque Rahman, admitted his complicity by saying "I helped to kill Sheikh Mujibur Rahman, dare to put me on trial". P.W. 58, also proved the forwarding letter with the signature of the Councilor by which the above journal was sent to him. P.W.58 also exhibited with obj..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ...... to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......der shall follow such opinion. From a careful reading of the provision of Section 378 visa vis Section 429 of the Code it appears that though the provisions in both these sections are identical in nature, when the Judges of a Division Bench are equally divided in their opinion yet Section 429 en..Category: Criminal Law | Date: | Hits: 229
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. ......as pleased to dispose of the Death Reference and the connected appeals as per provisions of Sections 378 and 429 of the Cr.P.C. It has transpired that the decisions of Supreme Court of the Sub-continent have not laid down a clear guide-line as to how the third learned Judge should deal with the ......P.T. Appaiah reported in AIR 1981 SC 265 it has been held by this Court that even in a case when both the Judges had held that the accused was guilty but there was difference of opinion as to the nature of offence committed by the accused, it was open to the third Judge to decide the appeal ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......e defence in any manner. ......, temperance, and courage. In an ordered state, everyone performs his or her role and, does not interfere with others. Each person’s role is the one for which the individual is best fitted by nature; thus, natural law is upheld. Aristotle believed that Justice exists in the law and that th..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......iety in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ...... Court may act on the testimony of a single witness, though uncorroborated. Unless corroboration is insisted upon by statute the court should not insist on corroboration, except in cases where the nature of the testimony of the single witness itself requires that corroboration should be insisted..Category: Criminal Law | Date: | Hits: 291
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ...... to establish the charge. 19. In such cases the guilt has to be inferred from the facts and circumstances proved before the Court and the facts and circumstances must be of such a compelling nature as must necessarily lead the Court to a finding that the accused must be guilty. The inferen..Category: Criminal Law | Date: | Hits: 63
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. ......missed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......, in fact, the only consideration for exemption of payment of income tax under section 29(1)(xxvii) of the said Ordinance was whether the payment of 'Zakat' was in the nature of a business expenditure expended wholly and exclusively for the purpose of the..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. ...... 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. ......minal offence either of cheating or of criminal breach of trust. Mr. Zahirul Islam submits that admittedly this is business transaction and if there is any dispute which is purely allegation of civil nature. He further submits that there was payment which was received by the complainant. Therefore, ..Category: Criminal Law | Date: | Hits: 93
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. ......ent. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......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. ..Category: Constitutional Law | Date: | Hits: 251
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: ......sed 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: ......ns under Articles 27, 31 and 35 of the Constitution. 8. Mr. Rafiq-ul-Huq, the learned Counsel on the other hand expressed almost the same opinion as that of Mr. Khan submitting that in view of the nature of the questions formulated the opinion sought by the President in the instant reference cann..Category: Constitutional Law | Date: | Hits: 289
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......tter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709....... not hit by Section 162 of the Code of Criminal Procedure and was believed in maintaining conviction of Rameshwar Dayal and others. But in the present case the question is of existence of injures and nature thereof and in such a matter the doctor who held the postmortem examination is the proper p..Category: Criminal Law | Date: | Hits: 60
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......iding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ...... Division passed in Writ Petition No.5756, 5757, 5758, 5759, 5795, 5796, 5797, 5799, 5800, 5801, 5802, 5803 of 2000 discharging the Rules obtained challenging the Memo dated 16.11.2000 under the signature of the Assistant Commissioner of Land, the respondent No.9, canceling the allotment of reha..Category: Property Law | Date: | Hits: 34
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