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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. ......fectuating a marriage between a man and woman whose intermarriage is not prohibited by law; (d) entered into in accordance with the rules and forms laid down in s.17A to S.23, inclusive, and (e) by a person who has authority to contract in marriage the person purported to be married.” Quoting Fata..

Category: Family Law | Date: | Hits: 318

SM Abdur Rob Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and others, 1991, 20 CLC (HCD)

....s of the said Union Parishad in the last week of January, 1992. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 581. ...... the term of the Union Parishad is due to expire, an election or a nomination, as the case may be, to fill the office shall be held or made within sixty days of the occurrence of the vacancy, and the person who is elected in such election or nominated shall hold office for the residue of such term: ..

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. ......ort of his contention that there was no necessity to prove initial intention of the accused to deceive in case of cheating and, according to him, subsequent conduct of the accused is enough to find a person guilty of cheating. Appellate Division in the case of Akamuddin Ahmed Vs. State reported in 2..

Category: Criminal Law | Date: | Hits: 69

Gias Uddin Vs. State, 2002, 31 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......pillars of the house. This is all about the evidence on record. 19. It appears from the aforesaid evidence that there is no eye‑witness to the occurrence. However, there is no rule of law that a person cannot be convicted if there is no eye‑witness. In fact, a person may even be hanged if cir..

Category: Criminal Law | Date: | Hits: 51

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.......etenu is very unfortunate. The learned Assistant Attorney-­General opposed the Rule. 3. We have perused the grounds for detention. It is clear that the grounds are all vague and on such grounds a person cannot be detained under section 3(2) of the Special Powers Act. Moreover, we have noticed 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.......pon and be considered as a voluntary one. In this regard he has referred the Law of Evidence of Woodraffe and Ameer Ali, 13 Edition Volume One. In the annotation of page 709 it has been embodied "The person in authority, within the meaning of this section, should be one who, by virtue of his positio..

Category: Criminal Law | Date: | Hits: 62

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. ...... Commissioner of Taxes to treat the status of the Appellant company as "Non-Resident" since Article 4(3) of the Convention reads, "where by reason of the provisions of paragraph (1) of this Article a person other than an individual is a resident of both contracting states, then it shall be deemed to..

Category: Fiscal/Taxation Law | Date: | Hits: 120

Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)

....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......it is also stated that the informant had been owning and possessing the land over which the occurrence took place. 4. After investigation the police submitted a charge-sheet against 6(six) accused persons including the appellants under the aforesaid sections of the Penal Code. 5. In the trial,..

Category: Criminal Law | Date: | Hits: 60

Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)

....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......called in question. 2. The case of the petitioner is that the land on which the disputed house stands had been originally acquired by one SA Aziz from the Government in his capacity as a displaced person from India vide allotment letter No.3791/CHS dated 6.5.60 issued by the Assistant Commissione..

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.......ife time of the widow of Parash. Plaintiff with the help and in collusion with his dishonest partymen manufactured and fabricated the alleged will to grab the properties of Parash who was an educated persons and story of his inabilty to sign his name due to trembling of his hands is also false. Plai..

Category: Property Law | Date: | Hits: 78

Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)

....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. ......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)

.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......spondent No. 2 finally approved the said acquisition on 18th August, 1990. On 28th August, 1990 the Land Acquisition Officer 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 est..

Category: Property Law | Date: | Hits: 93

Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)

.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ......ion of complaint on 31.03.1994 before the court of the learned Magistrate, Jessore under Sections 406/409/420/465/467/471 of the Penal Code read with Section 5(2) of Act II of 1947 against 17 accused persons including the petitioners. According to the said petition of complaint the complainant is a ..

Category: Criminal Law | Date: | Hits: 85

Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)

....gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dis­missed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ......on this legal proposition. The Sub-section (2) of Section 339B of the Code of Criminal Procedure pro­vided that after appearance of an accused before the Court or his release on bail, if the accused person absconds or failed to appear, the procedure relat­ing to publication of notice shall not app..

Category: Criminal Law | Date: | Hits: 89

Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)

....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146....... 3. The defendant No.1 contested the suit and filed written statement denying the material allegations made in the plaint and contending that the plaintiff is his sister in law and being a solvent person she used to give loan to others and thereby earn interest and the defendant No.1 had no inten..

Category: Property Law | Date: | Hits: 54

National Bank Limited Vs. New Sonali Garments (Pri­vate) Ltd. & Others, 1993, 22 CLC (HCD)

....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ...... as soon as may be after the filing of the objection, on such party or his pleader at the expense of the respondent. In other words, service of notice of the cross‑objection must be effected on the person to be affected by the cross‑objection. Under rule 22(4) even where that original appeal (in..

Category: Civil Law | Date: | Hits: 96

Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)

....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......een held that in respect of offences under section 156 of the Customs Act, the initiation of criminal case is not legally maintainable. In that case there are allega­tions that the principal accused person import­ed some electronic items from Singapore by false declaration. The Anti-Corruption aut..

Category: Anti-Corruption Laws | Date: | Hits: 214

Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)

.... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ...... charge sheet, the report of the departmental proceeding and the reply made by the petitioner in respect of his first and second show cause notice, strenuously argues that the petitioner is a corrupt person and lie has misappropriate the money of the Academy while he was Class III employee of the Ac..

Category: Employment/Service Law | Date: | Hits: 64

Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)

....to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ...... him with the help of his companions. They recovered a pipe gun from him in presence of local witnesses. 3. The police on completion of the investigation submitted charge sheet against the accused person under Section 19 (A) of the Arms Act. Charge was framed in this case under Section 19(A) of t..

Category: Criminal Law | Date: | Hits: 76

Qamruzzaman Shah Vs. Government of the People's Republic of Bangladesh and another, 2008, 37 CLC (AD)

.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)163.......nts, the Committee of Estimates, Secretariat of Bangladesh Parliament, having duly considered genuine reason for the loss which the petitioner had sustained in his trade and other circumstances, gave personal hearing to the petitioner and then made a recommendation which was sent to Agrani Bank vie ..

Category: Civil Law | Date: | Hits: 77