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Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)

....abeya Khatun the par­ents of deceased Sheikh Sharif Ahmed. The statements made in the application for succession certificate, in short, were as follows:- 3. Sheikh Sharif Ahmed was an employee of Bangladesh Red Crescent Society. While he was in service he died due to brain hemorrhage on 05.06.20......r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246.  ......r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246.  ......r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246.  ..

Category: Civil Law | Date: | Hits: 154

Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)

.... behalf of the opposite party. 5. Mr. Alimuzzaman Chowdhury, the learned Advocate for the petitioner, contends that the Family Courts Ordinance, 1985 is a personal law applicable to the Muslims of Bangladesh only and not to any other community and, as such, its provisions cannot override the prov...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..

Category: Family Law | Date: | Hits: 215

Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....ecial Original Jurisdiction) Present: AM Mahmudur Rahman J Mohammad Asaduzzaman J Shahidul Alam………………………………………………..Petitioner VS. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat, Dhaka and others…......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15...

Category: Criminal Law | Date: | Hits: 200

Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)

....................................Petitioner Vs. 1. The District Magistrate, Jessore, 2. The Superintendent of Jail, Jessore Central Jail, Jessore, 3. Government of the People's Republic of Bangladesh, through the Secretary, Ministry of Home Affairs, Bangladesh Secretariats, Dhaka .............. Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..

Category: Criminal Law | Date: | Hits: 86

Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)

....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10....... are circumstances which outweigh the hardship and cause of prejudice to the appellant." 7. In the case of Keramat Ali Vs. Muhammed Yunus Hazi, 15 DLR (SC) 120 in para 28 it has been held: "The Judicial Committee of the Privy Council consistently maintained that it had undoubtedly full power t......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...

Category: Property Law | Date: | Hits: 151

Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Mohammadi Trading Company, 1994, 23 CLC (HCD)

.... 2. The assessee in the instant case is a limited Company carrying on business under the name and style of Mohammadi Trading Company, which has subsequently been nationalised after the liberation of Bangladesh. The question of law referred to is: "Whether on the facts and in the circumstances......ioner of Taxes. Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong. There will be no order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 6. ......ioner of Taxes. Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong. There will be no order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 6. ......ioner of Taxes. Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong. There will be no order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 6. ..

Category: Fiscal/Taxation Law | Date: | Hits: 188

American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)

.... Appeal No. 151/Coy‑II/86‑87 allowing the appeal. 2. The Deputy Commissioner of Taxes disallowed expenses incurred by the applicant outside taxable territories for conducting their business in Bangladesh by artificially linking the expenses with the income earned by the applicant throughout t......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......0 1986‑87 Tk. 2,55,228.00 1987‑88 Tk. 4,16,390.00 2. Essential Co‑ordinating Services. 1985‑86 Tk. 6,53,430.00 1986‑87 Tk.......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ..

Category: Fiscal/Taxation Law | Date: | Hits: 159

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......­visions of Regulation 3 (1) of Martial Law Regulations No.1 of 1975, only on the basis of a report of a police officer not below the rank of Deputy Superintendent of Police or an officer of Defence Service not below the rank of Major or equivalent. It should be noticed that the basic fact which en......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ..

Category: Criminal Law | Date: | Hits: 115

Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)

....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ...... correct because the term 'Jote' is a general term and sometimes used also to indicate the inter­est of a tenure holder and it is not necessarily equivalent to a raiyati jote, as was observed by the Judicial Committee of the Privy Council in the case of Midnapore Zamindary Co. Vs. Naresb Narayan Si......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..

Category: Property Law | Date: | Hits: 97

Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)

.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......of the reversal of the trial Court's decision on certain issues, there may not be any necessity for demand of the suit for the disposal of the undisposed of issues. 15. The first case in which the Judicial Committee of the Privy Council emphasized this principle is that of Tara Kant Banerjee Vs. ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..

Category: Civil Law | Date: | Hits: 111

M H Khandker, Advocate Vs. Bangladesh (for­merly Province of East Pakistan) & another, 1977, 6 CLC (AD)

....ision (Civil) Present: Syed ABM Husain CJ Debesh Chandra Bhattacharya J Fazle Munim J M H Khandker, Advocate……………………………………………Appellant Vs. Bangladesh (for­merly Province of East Pakistan) & another..........Respondents Judgment ......er­mination of the lease is a removal of that barrier and there is nothing to prevent the enjoyment from which he had been excluded by the leasse." 29. This view of Jenkins, J was approved by the Judicial Committee of the Privy Council in Abhirain Goswaini Vs. Shyama Charan Nandi, 36 IA 148; 36 ......lt, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ......lt, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ..

Category: Property Law | Date: | Hits: 114

Al-Amin Vs. State, 2011, 40 CLC (AD)

.... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ......bail­able offence, but that there are sufficient grounds for further enquiry into his guilt, and pending such enquiry, the accused-petitioner may be enlarged on bail. Accordingly we direct the Chief Judicial Magistrate, Narsingdi to admit the accused petitioner on bail if he submits bail bond to hi...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ..

Category: Criminal Law | Date: | Hits: 96

Shameem Ara and others Vs. Government of Bangladesh and oth­ers, 2011, 40 CLC (AD)

.... (In Civil Petition No.2051 of 2010) Selina Habib and oth­ers …………………………………………………Petitioners (In Civil Petition No. 2353 of 2010) Vs. The Government of Bangladesh and oth­ers...................Respondents (In all the cases) Judgment July 24, 201......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......overnment of Bangladesh and oth­ers...................Respondents (In all the cases) Judgment July 24, 2011. Result: The petitions are dismissed. Case Referred to- Council of Civil Service Union and oth­ers Vs. Minister for the Civil Service, 1985 (AC) 374. Lawyers Involved: ......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ..

Category: Employment/Service Law | Date: | Hits: 134

State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)

....ode. 24. Now as to the sentence in a case under sections 302/34 of the Penal Code, law has been amended in India as per act 2 of 1974 and normal sentence for murder is no longer death in India. In Bangladesh there has been no amendment as yet. As per the decision in the case of Nawsher Ali Vs. St......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..

Category: Criminal Law | Date: | Hits: 87

Harendra Chandra Barman Vs. Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (HCD)

....eme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Harendra Chandra Barman..............Petitioner Vs. Government of the People's Republic of Bangladesh and others...........Opposite Parties Judgment August 17, 2009. Result: The a......edure. In view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 60.......edure. In view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 60.......edure. In view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 60...

Category: Property Law | Date: | Hits: 73

Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)

.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ..

Category: Property Law | Date: | Hits: 71

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

....me Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Farid Ahmed J Sultana Jute Mills Ltd. and another....................Petitioners Vs. Bangladesh Bank and others……………………………Respondents Judgment April 5, 2007....... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ..

Category: Civil Law | Date: | Hits: 121

Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)

....9. ...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ..

Category: Criminal Law | Date: | Hits: 95

Saudi Bangladesh Services Company Ltd. Vs. Saudi Arabian Airlines Corporation, represented by its Country Manager, 2009, 38 CLC (HCD)

....LR (HCD) (2009) 441.  ......e. Accordingly, the Award dated 8-4-2006 is hereby set aside. There will be no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.  ......009) 441.  ......e. Accordingly, the Award dated 8-4-2006 is hereby set aside. There will be no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.  ..

Category: Alternative Dispute Resolution | Date: | Hits: 385

State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)

.... Anisur Rahman Vs. State, 1986 BLD (AD) 79 = 1986 BCR (AD) 157; Billat Vs. State, 52 DLR (AD) 143; Shamsuddin Vs. State, 11 DLR (SC) 355; State Vs. Khasru @ Syed Mostafa Hossain, 43 DLR (AD) 182; Bangladesh (State) Vs. Paran Chandra Baroi, 2 BCR 292 = 1986 BCR (AD) 225; 1985 BLD 302; 7 BLT (AD...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..

Category: Criminal Law | Date: | Hits: 67