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Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....l fixed 2-4-91 for framing charge holding that the Gazette Notification and publication in paper had already been made against the accused petitioner and other absconding accused. Then on 2-4-91, the date fixed for framing charge, fixed 29-4-91 for framing charge and subsequently on 12-5-91 charge w...... Wahab Miah had taken us through the order sheet (enclosed as Annexure-K to the writ petition) of the Senior Special Tribunal and Special Tribunal No.3 Noakhali. The High Court Division has failed to notice and consequently it has fallen upon us to find that upon receipt of the case records on 7-7-9......1334 of 1989 (Gulshan PS Case No.99(5) of 1989 convicting the petitioner and 2 other co‑accuseds under section 3 of the Explosive Substances Act, 1908 and sentencing to suffer rigorous imprisonment for 10 years and to pay fine of Tk. 1000.00 in default to suffer rigorous imprisonment for one month..Category: Criminal Law | Date: | Hits: 63
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....ointed in his place as the Dean of the Faculty of Medicine Dhaka University under Article 17(2) of Dhaka University Order, 1973 on 14-8-96 (Annexure-’C’). Thereafter, the petitioner sent a letter dated 24-8-96 to the respondents demanding justice but to no avail. 3. Being aggrieved by the app......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......ed physician and served in many capacities including as an Urologist in Dhaka Medical College with additional duty of the Principal of the same College. He was elected Dean of the Faculty of Medicine for two Sessions 1995-96 and 1996-97 on 30-9-95 under Article 27(5) of the Dhaka University Order, 1..Category: Employment/Service Law | Date: | Hits: 120
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....andaker Mahbubuddin Ahmed with SM Moonir, Advocates - For the Contemner-Opposite Parties. Civil Rule No.130 (R) of 1994 (Contempt). Judgment Md. Mozammel Hoque J.- As per order of this Court dated 29-7-97 the contemner-opposite party No.1 is present in Court in person. 2. This Rule for C......ice of the petitioner were terminated from the afternoon under Regulation 12(a) of the Bangladesh Shipping Corporation Service Regulations on payment of three months’ salary in lieu of three months notice as per direction of the Ministry. 4. Challenging this order of termination dated 31-8-82 t......vil Rule No.130 (R) of 1994 (Contempt). Judgment Md. Mozammel Hoque J.- As per order of this Court dated 29-7-97 the contemner-opposite party No.1 is present in Court in person. 2. This Rule for Contempt of Court was issued calling upon the opposite party Nos. 1 and 2 to show cause as to wh..Category: Others | Date: | Hits: 142
....d in Bangladesh Embassy in Cairo. The detenu was retired from the Army by the then Government and inducted him in the Ministry of Foreign Affairs as BCS (FA) Cadre in 1979 with the Seniority from the date of his commission, that is, 1971. He was then posted to Bangladesh Embassy in Abu Dhabi as 1st ......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.......ts to show cause as to why Major (Retd.) M Khairuzzaman alias Khairuzzaman (hereinafter referred to as detenu), son of Al-haj Akhtaruzzaman, now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without lawful au..
Category: Criminal Law | Date: | Hits: 76
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....other materials on record. On scrutiny of the record of the learned Magistrate it appears that in the charge only the above two sections of the Penal Code were mentioned but other particulars such as date, time, place of occurrence, the name of person against whom the offence was committed, nature o......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.......rned 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 First Information Report in the above GR case alleging that accused Bashir Kha entered into the Upazila Agri..Category: Criminal Law | Date: | Hits: 58
....e Respondent No.1.
Writ Petition No.189 of 1992.
Judgment
Md. Ruhul Amin J.- This Rule has been obtained by the petitioner Chairman, Chittagong Port Authority, against the judgment and order dated 18-6-1991 passed by the Additional District Magistrate, Chittagong as an appellate authority u......tures by the respondents and asking them to remove the structures they did not pay any heed to that and that also did not remove the unauthorised structures, that thereafter the Port Authority served notice for removal of the structures but the respondent Nos. 1 and 2 did not remove the structures, ..........Respondents
Judgment
February 18, 1998.
Result:
The Rule is made absolute.
Lawyers Involved:
Md. Habibul Islam Bhuiyan, Advocate - For the Petitioner.
Nurul Islam Chowdhury, for Formanullah Khan, Advocate - For the Respondent No.1.
Writ Petition No.189 of 1992.
Judgme..
Category: Property Law | Date: | Hits: 103
....he Petitioners.
Md. Khurshid Alam Khan, Advocate - For the Opposite Parties.
Civil Revision No.686 of 1992.
Judgment
Gour Gopal Saha J.- This Rule calls in question the judgment and order dated 6-2-1992 passed by the learned Subordinate Judge, 2nd Court, Patuakhali in Miscellaneous Appea......d her and eventually they sold the case land measuring 1.39/21 acres to the pre-emptee by a registered kabala dated 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 w......section 96
The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-emptee had been cultivating the land within the sight of the pre-emptor for over a decade. [Anil Kumar and others Vs. Syed Hafeez Moinuddin and others, reported in 35 DLR 3..
Category: Property Law | Date: | Hits: 78
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....oners. 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 reversing t......repaid on demand; the relationship deteriorated and the defendant No.2 took defendant No.1 to his house on 1-2-1981 and since then she did not return to the plaintiffs house. 4. The plaintiff sent notice on the defendant No.1 without any effect and hence suit was filed for restitution of conjugal......ated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 reversing those of dated 29-8-1984 passed by the Munsif, Matlab Upazila in dismissing Title Suit No.390 of 1984 for restitution of conjugal right. 2. The opposite party as plaintiff instituted Title Suit No.22..Category: Family Law | Date: | Hits: 185
Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)
....gment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff wife arising out of an application under section 115 of the Code of Civil Procedure calls in question the judgment and decree dated 18-4-95 passed by the Subordinate Judge, Sadar Noakhali, in Family Appeal No.15 of 1993 affirm......ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......the judgment and decree dated 8-8-93 passed by the Family Court Judge, Sadar Noakhali, in Family Court Suit No.47 of 1991 decreeing the suit in part. 2. The petitioner wife as plaintiff filed the aforesaid suit for her prompt dower and maintenance for herself and for her baby son alleging, inter ..Category: Family Law | Date: | Hits: 152
Abdul Jalil Munshi (Md.) Vs. Returning Officer & others, 1997, 26 CLC (HCD)
....und that he is a defaulter. On an appeal the Thana Nirbahi Officer dismissed the appeal and affirmed the order of the Returning Officer canceling the nomination paper. 2. It appears from the order dated 5-11-97 as evidenced from Annexure-C to the petition that Sonali Bank, Goalanda Branch by thei......aid by the petitioner. Thirdly, there is no intimation by the bank to the petitioner that the petitioner is a loanee of the bank on the ground that his father took the loan and in the absence of such notice, the petitioner cannot be said to be defaulter. At any rate this question of fact ought to ha......nvolved: Golam Kibria, Advocate - For the Petitioner. Writ Petition No.7399 of 1997. Judgment Qazi Shafiuddin J.- The petitioner Md. Abdul Jalil Munshi filed nomination paper on 4-11-1997 for the post of Chairman of Eogram Union Parishad, PS Goalanda, District Rajbari. The Returning Offi..Category: Election Law | Date: | Hits: 153
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....Record - For the Appellant. Aminul Huq, Advocate on Record - For Respondent No.3. Ex-Parte - For Respondent Nos. 1, 2 & 4-26. Civil Appeal No. 45 of 1978. (From the Judgment and Order dated 4-2-77 passed by the High Court in Civil Revision Case No.718 of 1967.) Judgment Kemalud......he waqf, if he thinks fit in respect of the genuineness and validity of the application and the correctness of the particulars as required under the ordinance. The Administrator is required to give notice to the person administering the waqf, if the applicant is a person who is not administering i......nt of wakf is involved in view of sections 50 and 102 of the Waqf Ordinance, 1962. 2. Since the question has been raised by defendant appellants immediately on the presentation of the plaint and before the filling of the written statement the only facts are the plaint allegations. In view of the ..Category: Trust/Waqf Law | Date: | Hits: 136
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....Syed Mozaffar Hossain, Advocate, instructed by H. R. Khan Advocate-on-Record- For the Respondent (In all the appeals). Civil Appeal Nos. 67, 68 & 69 of 1978. (From the judgment and order dated 16-8-76 passed by the High Court in Applications No.17, 18 & 19 of 1971) Judgment Ba......t is not liable to be taxed for the commission allowable to him. In this view of the matter the Income Tax Officer assessed the income from commission. 3. The Appellate Assistant Commissioner took notice of the facts that the commission had been waived for a period of five year as a gesture of go...... accrued or arose. The Income Tax Officer took the view that the assessee was entitled to receive the commission from the managed companies and as such the assessee is liable to be taxed in his hands for the income from commission. The Income Tax Officer took further view that the Managing Agent, th..Category: Fiscal/Taxation Law | Date: | Hits: 124
....ucted by Md. Zainul Abedin, Advocate-on-Record- For Respondent No.1.
None represented-For Respondent No.2-3.
Civil Petition for Leave to Appeal No.1923 of 2011.
(From the judgment and order dated the 10th day of May, 2011 passed by the High Court Division in Writ Petition No.7378 of 2009).......g, Liberal arts, Business) and 32 professors, 23 Associate Professors and 162 lecturers are working in the various faculties. Respondent No.1, under the signature of respondent No.3 issued show cause notice vide Memo dated 30.09.2009 asking the petitioner to explain within 7 (seven) days regarding t......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 Technology and Science and another…….Respondents
Judgment
January 12, 2012.
..
Category: Others | Date: | Hits: 197
Kazi Mohammad Amin Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....Hossain, Advocate-on-Record—For the Petitioner. Ferozur Rahman, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1182 of 2004. (From the judgment and order dated 02.05.2004 passed by the High Court Division in Writ Petition No.1591 of 2001.) Judgment ......the license earlier granted in his favour should not be cancelled on account of his employment in a Madrasa outside the areas for which he has been licensed. The writ petitioner replied to the said notice explaining his position regarding employment in the Madrasa and also as Nikah Registrar. 4......The leave petition is dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Ferozur Rahman, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1182 of 2004. (From the judgment and order dated 02.05.2004 passed by the ..Category: Civil Law | Date: | Hits: 87
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....r 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 judgment and order dated 18.4.77 passed by the High Court in Criminal Appeal No.107 of 1976). Judgment Badrul Hai...... satisfied that the prosecution has proved its case beyond all reasonable doubt. It is to be observed that as of five injuries two ramdao blows on the neck and two ramdao blows on the shoulder-were noticed, although the medical evidence was that two blows might have over lapped which exactly fit......While Shorhab Sikder was being taken to the Barisal Hospital, he expired. 3. The trial Court convicted all the five accused persons under section 302/34 B.P.C. and sentenced them to transportation for life. On appeal to the High Court, two of the accused were given benefit of doubt and acquitte..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....structed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1. Ex parte - For Respondent Nos. 2-5 & 6(1) to 6(A). Civil Appeal No. 20 of 1982. From the judgment and decree dated July 23, 1980 passed by the High Court Division in Second Appeal No. 220 of 1966. Judgment ......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. ......h Court Division is well founded in law in reversing, in a second appeal, the concurrent decision of lower Appellate Court and the Trial Court and ordering remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas possession. 2. This arises from Title Suit No 201 o..Category: Property Law | Date: | Hits: 58
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
...., Advocate-on-Record - For the Respondent (In Civil Appeal No. 114 of 1981) and Appellant (In Civil Appeal No.115 of 1981). Civil Appeal Nos. 114 & 115 of 1981. From the Judgment and Order dated 22.7.80 passed by the High Court Division in Application No. 6 of 1976. Judgment Chow......ons, which is a wholesale dealer in Yarn and Textile and Clearing and Forwarding Agent, was originally assessed income tax on 22nd July, 1950, on a total income of Tk. 44,702/-. On February 16, 1962, notice under section 34 of the Income Tax Act was issued upon it for re-assessment, the ground being...... and Forwarding Agent, was originally assessed income tax on 22nd July, 1950, on a total income of Tk. 44,702/-. On February 16, 1962, notice under section 34 of the Income Tax Act was issued upon it for re-assessment, the ground being that it was under-assessed for the year concerned. The assessee ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....(absent) - For the Appellant. Rafiqur Rahman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record - For the Respondents. Civil Appeal No. 59 of 1982. (From the Judgment and Order dated 6.11.80 passed by the High Court Division in Civil Revision No. 1131 of 1974.) Judgment ...... 37 in the same house. 5. The learned Munsif allowed the Miscellaneous case by his judgment and order dated 7-9-74 and restored the suit to its original file and number with a finding that the notice of the suit was not served upon the defendants. 6. Against the aforesaid judgment and orde......decessor-in-interest of the respondents filed O.C. Suit No. 220 of 1968 in the Additional Court of Munsif, Kishoreganj, against the appellants, who were defendants No. 28 (Kha) and 28(Kha) and others for declaration that the auction sale of the suit lands held in Money Execution Case No. 233 of 1942..Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....General. A.W. Bhuiyan, Additional Attorney General & B. Hossain, Assistant Attorney General: Under Order XLV, rule I.S.C. Rules. Criminal Appeal No. 9 of 1981. (From the Judgment and Order dated April 2, 1981 passed by the High Court Division in Criminal Revision No. 402 of 1980.) Judg......by the Additional Sessions Judge, Chittagong to whom the aforesaid criminal motion was transferred. By this order the receiver was directed to continue with the possession of the land. On receiving notice of the order an application was filed by the appellants who stated that their predecessor die......another, AIR 1973 SC 799. Lawyers Involved: Aminul Huq - For the Appellants. Ahmad Sobhan, Sr. Advocate, Fazlul Karim, Advocate with him instructed by Md. Aftab Hossain, Advocate on Record - for the respondents. K.A. Bakr, Attorney General. A.W. Bhuiyan, Additional Attorney General &am..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....tructed by S. S. Hoda, Advocate-on-Record - For the Respondent No.1. Respondent No.2 - Dead. Respondents No.3 and 4 - Ex-parte. Civil Appeal No.24 of 1976. (From the Judgment and Decree dated 28-6-74 passed by the High Court Division in F A. No.28 of 1964) Judgment Debesh Chandra......ase of Lopez Vs. Muddan Mohan, 13 M.I.A. 567, for making out a case of the defendants No.2 to 4's title to the disputed lands; (4) whether the High Court Division acted illegally in failing to take notice of the established legal position that the acceptance of a Kabuliyat or rent was sufficient......his appeal by special leave is against a judgment of a Bench of the High Court Division allowing a First Appeal against a decree of the trial Court and dismissing the suit brought by the appellants for declaration of their title and for confirmation of possession in some portion of the land in sui..Category: Property Law | Date: | Hits: 75
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