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Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
.... be registered…………..(5 and 6) The questions whether the document is valid or forged or bad for non-receipt of consideration, etc. and the like are not within the scope of a suit under section 77. The only question is whether the document has been executed&helli......gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....ent also in her concise statement made a similar prayer for converting her application under section 115 C.P.C. to an application under section 32(3) of the Waqf Ordinance. In view of fact that the scope of revision under both the Laws being same there is hardly any difficulty to treat the revis......e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184...Category: Procedural Law | Date: | Hits: 112
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....oss examination. The trial court thereafter came to a conclusion that the prosecution had established its case beyond reasonable doubt. The occurrence had taken place in broad day light. There was no scope for entertaining any doubt for which it found "unimpeachable evidence" in the case and it conc......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
.... circumstances the learned Single Judge of the High Court Division rightly refused to disturb the finding as to abandonment. We fled this decision to be Well-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. ......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....on of the Government shall be conclusive evidence that the property is needed for public purpose or for the public interest vide section 5 of the Ordinance. As such it was concluded that there was no scope in the suit whether the properly sought to be requisitioned was for public purpose or not. Hav...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161...Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....f the Constitution of Bangladesh, 1972 which has conferred the power, of review on the Appellate Division of the Supreme Court. This mentioning in necessary, because while making submissions on the scope of Article 105, it has been claimed that the expressions "subject to the provisions of any Act...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......f the petitioner. Police filed an application for proclamation and attachment of the property of the son of the petitioner. The petitioner himself was arrested on 23-6-84 and was granted bail which, however, was cancelled by the learned Upazila Magistrate on 8-7-84. Subsequently, ..Category: Criminal Law | Date: | Hits: 59
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....p; 22. As during the bearing of the appeal the main contention centered round the scope of exercise of power by the Income-tax Officer under section 13 of the Income-tax Act, only ......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......nd Hazer said that he was in trouble with deceased Dud Mallick, whose dwelling house he would damage. P.W.3 Nihar Ali Biswas stated in his evidence that accused Hazer after being enlarged on bail went home and said that lion had been killed but the jackals and dogs were alive. ..Category: Criminal Law | Date: | Hits: 52
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
.... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ...... Md. Hassan Ameen J Md. Jasimuddin Sarker…………………………………………Accused-Petitioner (on bail) Vs. The State, represented by the Deputy Commissioner, Mymensingh and Othe..Category: Criminal Law | Date: | Hits: 64
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....s not actually in possession of the case property. The question that Md. Ziaul Islam was not in possession of the case property having been raised for the first time before this Court, there is no scope of considering this question at this stage by this Court. 6. However, we have cons...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ..Category: Property Law | Date: | Hits: 38
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
.... findings on the materials on record and have taken a different view of the same materials on which the Enquiry Officer relied for exonerating the delinquent employee from the charges. There is no scope for the High Court Division to dismiss the reasoning's of the punishing authority as not bein......we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ..Category: Employment/Service Law | Date: | Hits: 69
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....gh court Division found no explanation in the plaint nor by the P.W. 1 that the date or power failure on 27. 11.88 put in the exhibits referred to was made by mistake and inadvertence. There was no scope under Section 92 of the Evidence Act to exclude and override the documentary evidence made a......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ..Category: Civil Law | Date: | Hits: 135
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ...... 27.4.2006 and after waiting for the period mentioned in the legal notice, the petition of complaint was lodged. Thereafter the accuseds appeared on 28.5.2006 before the Court and were enlarged on bail. Thereafter charge was framed against the accuseds on 2.8.2007 by the learned Metropolitan Ass..Category: Criminal Law | Date: | Hits: 47
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
.... that under section 14A of the (Emergency) Requisition of Property Act, 1948 the jurisdiction civil Court is barred to entertain any such a suit. We have already pointed out that it is not within the scope of the present petition to decide these points. 14. However, considering the facts and cir...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......o. 36 of 2008 and the petitioner in Criminal Petition for Leave to Appeal No.146 of 2008 are common and the matter in issue in the Appeal and the Criminal Petition is also common i.e. granting of the bail in the writ petition and rejection of the prayer for bail in a pending Criminal Appeal No. 3990..Category: Criminal Law | Date: | Hits: 51
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....ry, the enquiry Officer has introduced some new things that the judgment sheets have been changed and the 3 cases records have been cancelled with malafide motive. This was beyond the scope of the enquiry. The bare allegations in the charge sheet as they were very simple and p......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ..Category: Administrative Law | Date: | Hits: 94
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ...... Tribunal Judge No. 3, who heard the case on transfer, framed charge against the appellant under section 25(1) of the Special Powers Act in the absence of the appellant as he, after obtaining bail earlier, failed to appear. The prosecution examined in all 7 witnesses and after hearing ..Category: Criminal Law | Date: | Hits: 70
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....he view that the learned District Judge was correct. Reading the relevant provisions of the Succession Act especially Sections 370 to 381 there did not seem to me any scope for doubt that succession certificate could be asked for and granted only in respect of 'debt......e important distinguishing point is that unlike in cases of debt, the Bank had no right of disposition of any kind in respect of those ornaments. The Bank stood in the position of its a bailee or a trustee to whom though possession was entrusted, there was no intention of transfe..Category: Property Law | Date: | Hits: 39
Mridul Baul Minto and another Vs. Serajul Islam Babul and others, 2002, 31 CLC (AD)
.... allow the Respondent No. 2 to live with the Respondent No. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ......u Nirjatan Daman (Bishesh Bidhan) Ain, 1995. 2. Criminal Miscellaneous Case was filed under Section 497 and 498 of the Code of Criminal Procedure with the prayer for anticipatory bail. The High Court Division by the order dated December 10, 1997 upon issuing Rule granted ad-in..Category: Criminal Law | Date: | Hits: 64
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