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Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)
.... Court Division erred in law in failing to consider that the Appellate Court below failed to reverse the finding of the trial Court about exclusive possession of the parties in respect of undivided disputed plot and failed to record any finding about exclusive possession as claimed by the plaintif......out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ..Category: Property Law | Date: | Hits: 60
Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)
.... non consideration of evidence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ...... have heard the learned counsel and perused the impugned judgment and order of the High Court Division and also other connected papers. 6. As it appears the High Court Division discharged the Rule holding that the lower appellate Court, having found that the evidence of O.P.W.1 and O.P.W. 2 are..Category: Property Law | Date: | Hits: 64
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
..... Subsequently, on 16.1.84 the plaintiff again demanded back the deed from the defendant but did not get it. On the other hand, the defendant disclosed that the plaintiff had actually transferred the disputed land to him absolutely by executing a deed of Hiba‑Bil‑Ewaz on 9.11.83. Thereafter, the......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ..Category: Property Law | Date: | Hits: 87
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....eport submitted by the learned Sessions Judge shows that he had excluded from accounting the days on which the prosecution obtained time for producing the accused and witnesses. 8. It could not be disputed by the learned Advocate for the State that the days for which adjournments have been taken ......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......ome to his own conclusion. Magistrate even if he wants to act under section 203, Cr.P.C. should exercise his own independent judgment." So, whatever may be the report of the judicial Magistrate holding inquiry; the trying Magistrate is required to exercise his own independent judgment and to s..Category: Criminal Law | Date: | Hits: 98
....the Court of Settlement dismissed the case upholding the inclusion of a house being House No.22, Block 'B' Lane No.4 Section 13, Mirpur Housing Estate, PS Mirpur, Dhaka hereinafter referred to as the disputed house in the 'Ka' list of abandoned property.
2. The case of the petitioners is that the......icle 102 of the Constitution the petitioners challenging the judgment and order passed by the Court of Settlement in Case No.99 of 1987 on 4.10.90 whereby the Court of Settlement dismissed the case upholding the inclusion of a house being House No.22, Block 'B' Lane No.4 Section 13, Mirpur Housing E..
Category: Property Law | Date: | Hits: 89
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......rement of the law is that the accused must be produced before a Magistrate after his arrest but the appellant was not produced before any Magistrate. Section 167 of the Code of Criminal Procedure was holding the field and the Regulation 2(a) was promulgated on 28.12.76 that is, after a month. Sectio..Category: Criminal Law | Date: | Hits: 87
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......e are even opinions that a marriage may be constituted without any ceremonial and even in the absence of direct proof, indirect proof might suffice. The High Court Division, in the premises, erred in holding that mere living together as husband and wife did not bring it within the bound of marriage...Category: Family Law | Date: | Hits: 318
....of the said Union Parishad, was duly elected as Acting Chairman to discharge the functions of the office of Chairman on account of absence of the elected Chairman due to the aforesaid reason and as undisputedly the said Acting Chairman Janab Torab Ali held the first meeting of the said Dasuria Union...... 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..
Category: Election Law | Date: | Hits: 129
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ...... 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 ..Category: Criminal Law | Date: | Hits: 69
Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327.......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..Category: Criminal Law | Date: | Hits: 55
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......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..Category: Criminal Law | Date: | Hits: 62
.... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
......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..
Category: Business or Commercial Law | Date: | Hits: 209
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......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..Category: Fiscal/Taxation Law | Date: | Hits: 120
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....er 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 the disputed house, in the 'Ka' list of abandoned properties vide notification in the Bangladesh Gazette......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 ..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......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..Category: Property Law | Date: | Hits: 78
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
....) 427, and Bharat Insurance Co. Ltd. Vs. Kanhaya Lal Guaba AIR 35 (Lahore) 792 and maintained that the internal management of the samity need not be interfered with by an order of injunction. 6. Undisputedly the area falling under PS Sutrapur and that falling under PS Kotwali both within Dhaka Ci...... 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..Category: Civil Law | Date: | Hits: 104
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....ent, the appellant preferred this appeal before this Court. The plaintiff examined herself as sole P.W.in this case. In her deposition she has stated the entire plaint case. She stated that in the disputed property there are 65 rooms the rent of which will be Tk. 20,000.00 per month at least. Her......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....icer published a notice under section 6(1) of the Ordinance asking the affected persons to produce their claims of compensation and on 7th April, 1991 the writ respondent No. 2 estimated the price of disputed land at Tk. 17, 03,625.45, and on 21st April, 1991 the acquiring authority asked Rabitat to......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...Category: Property Law | Date: | Hits: 93
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....e have heard the learned Advocate for the appellant and perused the impugned judgment with reference to the judgment of the High Court Division as well as of the trial Court. It is found and also not disputed that the petitioner after going on bail on the ground of illness remained absconded and d......- 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..Category: Criminal Law | Date: | Hits: 89
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