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....n the incident took place, the petitioner was admittedly in India in a military training school. He further submits that till the date of his arrest on 13-8-96 he was in Government service and at the relevant time he was Director General (Officer on Special Duty) in the Ministry of Foreign Affairs, ......wn.
11. The learned Attorney-General appearing for the respondents submits that the grounds of detention might be served upon the detenu on 27-8-96, but these grounds of detention along with other papers were placed before the Government. He further submits that mere service of grounds of detenti...... Mozammel Hoque J
Md. Abdul Matin J
Rieta Rahman…………Petitioner
Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others……………Respondents
Judgment
November 18, 1996.
Result:
The Rule is ma......release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201...
Category: Criminal Law | Date: | Hits: 76
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....n Criminal Appeal No.16(II)85 affirming the judgment and order of conviction and sentence passed by the learned Magistrate, 1st Class of the then Biswanath Upazila in CR Case No.69 of 1989. 2. The relevant facts are as follows: Md. Selim, an Assistant of Upazila Agriculture office lodged the F......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199.......t Attorney-General - For the State. Civil Revision No.3141 of 1991 (Dhaka) Civil Revision No.76 of 1985 (Sylhet) Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed by the learned Session Judge, Sylhet in Criminal Appeal No.16(II)85 affirming the j......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199...Category: Criminal Law | Date: | Hits: 58
....d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
......y and the contents of the 3rd schedule of part IV at page 98 of the Port Act, BP Khatian No.4, etc. and that also upon hearing the respondents who in spite of their repeated taking time for producing papers in support of their claim in respect of the land ultimately did not produce any paper in supp...... in: 50 DLR (HCD) (1998) 195.
......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
..
Category: Property Law | Date: | Hits: 103
....21-10-1975 at a consideration of Tk. 5520.00 only. It was further contended that no notice under section 89 of the SAT Act was served upon the pre-emptors’ father Abul Hossain, who was alive at the relevant time. It was further alleged that opposite party No.1 did not possess the case land followi......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
..
Category: Property Law | Date: | Hits: 78
....are fairly well-settled by now by the consistent pronouncements by the highest Court of the country properties which assumed enemy character and became enemy properties by operation of law during the relevant time viz from 6-9-65 to 16-2-69 when emergency was formally lifted became vested properties......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......t from the impugned judgment that the learned Munsif dismissed the suit in a most casual manner without discussing and considering any evidence adduced by the plaintiff and the legal incidence of the documents exhibited in the case in support of the plaintiff’s case. It also appears from Ext. 4 an..
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
.... the State. Difference in sex alone does not justify the destruction or impairment of these rights.” 23. I have scrutinized the facts and circumstances of the case and evidence on record and the relevant law in support of the contentions and against of both the sides and I am of the view that t......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ...... the Petitioners. Faruque Ahmed, Advocate - For the Opposite Party. Civil Revision No.5195 of 1991. Judgment Muhammad Abdul Mannan J.- This Civil Revision is directed against the Judgment and Decree dated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 ......not proved under section 67 of the Evidence Act as the same was denied by the defendant No.1 and no witness of the deal was examined, He submits that by mis-construction and misreading of the alleged documents Exhibit 1 and Exhibit 4 the lower appellate Court reversed the judgment of the trial Court..Category: Family Law | Date: | Hits: 185
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....t he has sought a declaration of his title but with regard to the 2nd schedule he has prayed not only title to the lands but for nullification of the enrolment made by the Administrator of Waqfs. The relevant two prayers on 2nd schedule land may be quoted as under: “(গ) মুল বিবা......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......R (AD) (1979) 249.......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249...Category: Trust/Waqf Law | Date: | Hits: 136
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....come Tax Act. As per agreement the assessee was entitled to receive commission at the rate of 10% of the net profit in each of the companies and 75% on the net profit of the Jamil Soap Works Ltd. The relevant years of assessment are 1961-62, 1962-63 and 1963-64. The assessee has not shown any receip......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......mp; Co. Ltd. Vs. Commissioner of Income Tax, (1960) 39 I.T.R. 706; Puna Electric Supply Company Vs. Commissioner of Income Tax, (1965) 57 I.T.R. 521; Commissioner of Income Tax Vs. Shuroji Ballav Das and Company, (1962) 46. I.T.R. 144; Commissioner of Income Tax Vs. Chamanlal Mangaldas Co., (1956)......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242...Category: Fiscal/Taxation Law | Date: | Hits: 124
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....and passed the judgment separately on the similar findings and decisions and as such, this Division heard those leave petitions analogously and are being disposed of by this single order. 3. Facts relevant for disposal of these Criminal Petitions for leave to appeal, in short, are that Md. Abdul ......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......ses) Momtaz Uddin Fakir, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In all cases) Criminal Petition For Leave To Appeal Nos. 257, 258 and 259 of 2011. (From the judgment and order dated 07.04.2011 passed by the High Court Division ......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197...Category: Criminal Law | Date: | Hits: 80
....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
......itions provided in the Ain, 2010. The petitioner filed another application on 24.01.2010 addressing the Director (in charge) Private University Division of the University Grants Commission along with papers to give approval to the campuses at Rajshahi and Chittagong but in spite of several reminders......ammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
University Grants Commission and another.................................Petitioners
Vs.
University of Information Technolo......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
..
Category: Others | Date: | Hits: 197
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
.... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ...... necessary for disposal of this leave petition are that one Kohinoor Begum, as informant lodged first Information Report with Kadamtoli P.S. alleging inter alia, that the informant lives with her husband, son and daughter. Her husband was involved in social and political activities. On 23.02.2011 th...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ..Category: Criminal Law | Date: | Hits: 68
Kazi Mohammad Amin Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ......rder, Annexure-F to the writ petition. We have heard Mr. Md. Aftab Hossain, the learned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 3. It is undisputed that the writ petitioner was serving as a lecturer in Chagachor Sen...... Md. Hassan Ameen J Kazi Mohammad Amin......................................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Dhaka & others................................Respondents Judgment......on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ..Category: Civil Law | Date: | Hits: 87
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ...... and after hearing the High Court Division made the Rule absolute. 4. We have heard the learned counsel and perused the impugned judgments and Orders of the High Court Division and other connected papers. 5. As it appears, in respect of Civil Petition No.1498 of 2007 and Civil Petition No. 133...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohamaya Rani Saha....................................Petitioner Vs. Dr. Ashequr Rahman Khan and others..............Respondents Judgment November 9, 2008. Result: All the petitions......gly the same was rightly recorded in the Khas Khatian No.1 and nobody raised any objection thereto and that Mahamaya Rani Saha and/or her predecessor never possessed the said land and the so called documents of settlement of the suit land in favour of the defendant Nos.6-7 Shorforaz Uddin and Momt..Category: Property Law | Date: | Hits: 76
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....ined, be treated as evidence in the case for all purposes subject to the provisions of the Evidence Act, 1872." 11. Two of the Sections of the Evidence Act namely, Section 145 and 157 are directly relevant which are in the following terms:— "145. A witness may be cross-examined as to previou......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......9 SC M.R. 837. Lawyers Involved: Aleem-al-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Record - For the Appellants. B. B. Roy Chowdhury, Asstt. Attorney-General, instructed by B.C. Panday, Advocate-on-Record - For the Respondent. Criminal Appeal No.3 of 1978. (From the judgme......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
.... Shaukat Ali Khan, learned Advocate for the plaintiff appellant, has produced before us a number of subsequent Amendments of section 9(1) of the State Acquisition and Tenancy Act two of which are relevant in this case. These are East Pakistan Ordinance No. 14 of 1957, dated 15 August 1957 and Ea......owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......4. ......owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ..Category: Property Law | Date: | Hits: 58
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....specified in the said sub-section before its amendment had expired. He submits that the learned Judges of the High Court Division arrived at an erroneous conclusion as they failed to consider all the relevant provisions of law which would indicate that sub-section 2(A) had retrospective effect. Mr. ......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......ul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Commissioner of Taxes, Chittagong Zone ……………… Appellant (In Civil Appeal No. 114 of 1981) Vs. M/S. M. Ismail and Sons……………………………… Respondent and M/S. M. Ismail and Sons………...... was that it was imported cotton yarn of a total invoice value of Tk. 21,49,843/-. Which was not shown in its return, appeared and submitted its inability to produce the Books of Accounts and other documents as those could not be traced out due to laps of time. 3. The Income Tax Officer then a..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....on of the suit against him. 10. Under Order IX, rule 13 of the Code, if summons is not duly served on the defendant, that is a good ground for setting aside an ex parte decree. On a perusal of the relevant provisions of the Civil Procedure Code it would be apparent, that due service of summons ......or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162.......3) 162.......or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162...Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....on has been conferred upon the Sessions Judge also, in India and Pakistan by amending section 439 and inserting a new section, 439A: but in India, after amendment of section 439, rearrangement of the relevant sections has been made in which sections 401, instead of section 439, confers revisional po......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ...... Appellate Division (Civil Appellate Jurisdiction) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Shafiqur Rahman and others…………………………Appellants Vs. Nurul Islam Chowdhury and others…......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....any right, title or interest in the Schedule A lands at the time when the purported settlement had been made, no title was created in favour of the plaintiffs on the basis of the said settlement. The relevant findings of the High Court Division in substance are that the newly formed lands, as descri......manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....enacted sections 86 and 87 of the State Acquisition and Tenancy Act, the proper procedure which should have been followed was to take the allegations made in the plaint as such and then to see if the relevant provisions of the State Acquisition and Tenancy Act were attracted to them. 11. The plai......his order dated 24.3.73 the learned Subordinate Judge appears to have gone into the question of the truth or otherwise of the allegations made in the plaint and having held, on the basis of certain papers, that the story of reformation in situ and the induction of the plaintiffs as tenants could......igh Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
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