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Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......ticipated in various illegal activities. Further, it is mentioned that the detenu being the General Secretary of Serajgonj Sub-divisional Jatio Samajtantric Dal, vehemently criticised the fundamental principles of the Government of Bangladesh established by law. 2. After the prescribed period un...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......ppeal was adequately explained, but the learned Judges without properly appreciating the fact and circumstances stated in the petition for condonation of delay and without properly appreciating the principle enunciated in the case of Superintendent of Central Excise, Lyallpur Vs. Ch, Fakir Muh......ce of the Dacca Improvement Trust on May 31, 1962 and the same was finally acquired on February 14, 1965. A sum of Taka 3,42,374,69 was assessed as compensation and the respondent withdrew the said amount. On reference to the Arbitrator by the respondent the Arbitrator by his judgment dated Sept..Category: Procedural Law | Date: | Hits: 101
....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......s not included therein, which amounted to Rs. 1,30,000/-. The last paragraph of this letter may be produced:
“Now under the Martial Law Regulation, I submit sincerely and honestly that if the amount with my wives and children grown as reserve which I give below is declarable and taxable, i..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......posit was made within time and accordingly discharged the Rule. 9. It appears that the kabala in question was registered under section 60 of the Registration Act on 23.08.1979 and the amount of Tk. 2200/- being amount of consideration money along with compensation was deposite..Category: Property Law | Date: | Hits: 35
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ...... settlement of the land of the said plot and a settlement case No.47G of 1959-60 had been started in the name of the plaintiff: that the plaintiff filled up the ditch out of his own fund at a huge amount of money and constructed house in some portion of the filled up ditch and started living the..Category: Property Law | Date: | Hits: 24
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ...... 2. On the basis of notification for holding by-election to the post of Chairman, the petitioner along with others filed nomination paper on 1.1.2003. On 2.1.2003 the petitioner deposited the loan amount to the authority concerned and thereby ceased to be a defaulter but on scrutiny by the retur..Category: Election Law | Date: | Hits: 116
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......f the Madrasha, they identified the same to the accused Absar, Abu Taher, Razu and Badal who were on board the vehicle. 18. P.W.7 Abul Kalam stated that kidnappers had demanded a huge amount of money by way of ransom over telephone for the release of the victim. 19. P.W..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ...... and injury, the High Court Division held that the plaintiff could not adduce reliable and cogent evidence and the witnesses examined are all interested persons and accordingly refused to award any amount as compensation. The High Court Division accordingly allowed part decree for Tk. 1,70,000/- ..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......onspiracy by some interested quarters and both the order of dismissal of the petitioner from service as well as the order of rejection of the review petition were illegal, malafide and against the principle of natural justice; both the Tribunals erred in not giving any importance to the failure ......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......x parte decree, whereof the suit was filed. 12. Leave was granted to consider the contention that the High Court Division erred in holding that the suit of the appellants was barred by principle of res-judicata in view of the ex parte decree in Title Suit No.860 of 1981, that in view ...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......e committed an error of law occasioning failure of justice in coming to a finding that possession of the defendant- petitioner as well as Haran Chandra Das was adverse. 8. It is a settled principle of law that review is not a matter of rehearing the appeal and appeal is a matter of righ......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......obad Ali and also alleged that the appellant was denied the equal treatment violating Article 27 of the Constitution. 5. The respondents contested the case by taking a plea of limitation and principle of estoppel. 6. The Administrative Tribunal upon hearing the parties allow......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......espondent is not maintainable because it relates to condition of his service being a Government servant and thereafter, he argued that the learned Judges of the High Court Division misconstrued the principle as laid down in the decisions as referred to in the impugned judgment and thereby the lea......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......fendant, namely, the recipient of the deed, to prove that she executed and registered the same having independent advice and was fully aware about the contents of the deed following the principle of special onus of proof............not a single natural independent witness deposed that......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......e case of Sunil Krishna Banik and others vs Kailash Chandra Saha and others reported in 36 DLR (AD) 220 (same case has also been reported in 1984 BLD (AD) 320). We are in full agreement with the principle of law: enunciated in the reported case, but the fact is that in the instant case the doc......he purpose of hindering justice" and, as Such, we should not give such a restricted interpretation to the provisions of rule 27 of Order XLI of the Code of Civil Procedure as would, in effect, amount to tying down the hands of the appellate Court and stand in the way of doing complete justic..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......her adding paragraph 23 in the Fourth Schedule of the Constitution of the People's Republic of Bangladesh purporting to reserve 45 seats in the Parliament exclusively for women to be elected on the principles set forth by the Parliament whereas Civil Petition for Leave to Appeal No 708 of 2005 ari......hich inevitably go to those who enjoy a close relationship with a party loyalist or a party boss. Therefore, this system discourages true political empowerment or leadership amongst women which tantamount to degrading treatment towards them. That in the above circumstances, it does not encourage t..Category: Constitutional Law | Date: | Hits: 221
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... documents of transfer would be registered and that the seller would be entitled to a penal interest @ 3% per annum in addition to the 8% per annum on the instalments and also to recover defaulted installments or unpaid amount under the provisions of the Public Demands Recovery Act, 1913. The sc...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... would be registered and that the seller would be entitled to a penal interest @ 3% per annum in addition to the 8% per annum on the instalments and also to recover defaulted installments or unpaid amount under the provisions of the Public Demands Recovery Act, 1913. The schedule annexed to the ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......ic and social justice, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in, the war for national independence, shall be the fundamental principles of the Constitution]; Further pledging that it shall be a fundamental aim of the Sta......ces 'Sessions' were functioning under old dispensation. This amendment was done under Article 142 and the power is so wide that the Parliament can amend any provision of the Constitution even if it amounts to affect the basic structure of the Constitution. It was submitted that such territorial ar..Category: Constitutional Law | Date: | Hits: 1934
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......f the loan agreement contained in the sanction letter and/or change the rate of interest and monthly repayment instalment and have no right to demand payment of interest at any rate higher than the amount specified in the sanction letter; (c) that it be further declared that the Circular No.MF-..Category: Property Law | Date: | Hits: 41
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135.......12.83. Secondly, in his letter the respondent advised the tenant for renewal of the tenancy on "fresh terms and conditions." He has given in a subsequent letter the reason for demand of the high amount of rent mentioning that the tenant was consuming water for commercial purposes to run her res..Category: Property Law | Date: | Hits: 45
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