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Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ...... and thus all the accused committed offence under section 406/420/34 of the Penal Code. 3. The accused-appellants after being informed on January 13, 2000 appeared before the Magistrate and filed application for bail and the Court below by the order dated 13.1.2000 granted bail to the accused ap..Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......ner as on 30.06.2000 and the plaintiff bank being unable to realise the money instituted the aforesaid suit against the petitioner. 4. The petitioner appeared in the suit and filed an application under Order VII Rule 11 of the Code of Civil Procedure praying ..Category: Banking Law | Date: | Hits: 121
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......96 allowing the same. The appeal was filed, against the order dated November 5, 1995 of the 5th Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 135 of 1995 allowing the application filed by the Respondent Nos. 1 and 2 herein under Order 7, Rule 11 of the Code of Civil ..Category: Civil Law | Date: | Hits: 130
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......or leave to appeal No. 645 of 199) Judgment: Syed J. R. Mudassir Husain J.-This is an application for review of the judgment and order dated 12-03-2000 dismissing the civil petition for..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ntiffs is directed against the judgment and order dated 22nd October, 2000 passed by the High Court Division in Civil Revision No.863 of 2000 discharging the Rule which was issued upon a revisional application, filed by the plaintiffs against the judgment and decree dated 10-11-1997 passed in Tit..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......977 passed by the High Court in Writ Petition No. 258 of 1974). Judgment Kemaluddin Hossain CJ.- This is a certificated appeal at the instance of the appellant M/s M.S. Jafar. There is also an application for special leave to appeal and both are heard together. 2. The appellant before us ..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......: This appeal arises by way of special leave. The respondent filed income-tax returns without any statement of accounts for the assessment years 1963-64, 1964-65 and 1965-66 and also filed an application for renewal of registration under section 26A of the Income-Tax Act for the said p..Category: Fiscal/Taxation Law | Date: | Hits: 76
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......tition No. 294 of 1973. 2. The appellant challenged the order dated February 17, 1973 passed by the respondent No. 2, Additional Deputy Commissioner (Revenue), Khulna, rejectingthe application of the appellant for taking lease of the cattle market for the year 1380 B.S. on the ba..Category: Property Law | Date: | Hits: 93
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....tion and other interlocutory orders passed in such suit, appeals applications and other legal Proceeding shall cease to have any effect; and no court shall entertain and no person shall bring fresh suit, appeal, application or other legal proceedings in which the legality or validity of any...... K. Hossain CJ.- In this appeal the question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a plaint, when no such application was made either before the trial Court or the learned Judge, was necessary and whether..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......ew, though applicable to the facts of that case, has been expressed in such a broad language that it is apt to create confusion, and, in fact, in this particular case it misled the trial Court in-the application of the special rule of onus to the facts of this case. The proposition of the rule in ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......s executed on 14.2.72. The respondents while in possession were evicted forcibly on 5.2.75 without serving any notice, allegedly under the provisions of P.O. 16 of 1972. Respondent No. 1 filed an application under Article 15(1) of P.O. 16 of 1972 before the Sub-divisional Officer Sadar (South)..Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....n a police report, the Magistrate can legally take cognizance of the offence and the requirements of section 190 Cr. P.C. are complete". It was held that the addition of a new accused does not need fresh proceeding for initiation. The learned Chief Justice observed:— "The Magistrate having......rt cannot include the non-sent up accused persons in framing charges at this stage. Prayer rejected. Court will take cognizance against accused persons who are sent for trial only by the I-O. An application under Section 436 of the Code of Criminal Procedure was filed before the Sessions Judge,..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ...... with an agreement to reconvey the said land. The agreement is dated 26.4.63 which stipulated that the land will be reconvened if the money is repaid within 10 years. The respondent No. 3 made an application under section 9(4) and (5) of the East Bengal State Acquisition and Tenancy Act to the ..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......ents. Judgment January 16, 1980. The State Acquisition and Tenancy Act, 1950 (Act XXVII of 1951) section 96 The Code of Civil Procedure, Order IX, Rule 13 The order of dismissal of an application under Order IX, rule 13 of the CPC for restoration of a proceeding under section 96 of t..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......used were sent up to Court of the Resident Magistrate at Zakiganj for trial and then the case was transferred to the Court of 1st Class Magistrate, Sadar, Sylhet. At that stage the Informant filed an application before the Sessions Judge praying for taking cognizance of the offence under the Special..Category: Criminal Law | Date: | Hits: 33
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......ong with some other writ petitions. 2. It is to be observed that the learned Judges did hot refer to the facts involved in any one of the writ petitions before them and decided the question of the application of aforesaid Martial Law Regulation on them. Facts in brief are that Md. Ahmad Hasan got..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......ts got an ex-parte decree for ejectment on 27-2-76 against the tenant defendant, and in execution of the decree got delivery of possession through Court on 17-3-76. The defendant-appellant filed an application under Order 9, rule 13 of the Code of Civil Procedure to set aside the ex-parte decree..Category: Procedural Law | Date: | Hits: 96
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......ul Islam, J.—This appeal by special leave is directed against the judgment and order of the High Court Division dated March 16 1979 in Writ Petition No. 15 of 1978. 2. The appellant by filing an application under Article 102 of the Constitution called in question the order dated December 24, 19..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......has been granted may be summarised: (i) Whether the respondents having alternative remedy by way of revision under the Customs Act against the order passed by the Collector of Customs the applications under Article 102 of the Constitution invoking the writ-jurisdiction of the High Co..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......ments the assessee filed appeals to the Appellate Assistant Commissioner of income Tax and then to the Income Tax Appellate Tribunal, but without any success. The Appellate Tribunal, however, on an application of the assessee referred the following questions of law to the High Court Division: ..Category: Fiscal/Taxation Law | Date: | Hits: 85
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