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Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)
....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. ......d. Muzammel 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 Sheikh Moqbul Ahmed and Rabeya Khatun wife of Sheikh Moqbul Ahmed being dead their heirs Sheikh Golam Mustafa and others...... of the trial court and also of the High Court Division. 9. The trial court held the view that since deceased Sheikh Sharif Ahmed did not appoint any nominee for the 'Gha' schedÂule money all the legal heirs of deceased Sheikh Sharif Ahmed are entitled to get this money according to their respec..Category: Civil Law | Date: | Hits: 154
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... order dated 16.3.87 passed by the Sessions Judge, Madaripur in Criminal Motion No.13 of 1987 should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. 2. Facts necessary for the purpose of disposal of this Rule are as follows‑ The pres......e Party Judgment September 5, 1994. Result: The Rule is made absolute. Cases Referred to- Civil Revision No. 870 of 1991, (unreported decision); Abdul Khaleque (Md) Vs. Selina Begum and another, 42 DLR 450; PLD 1969 (SC) 187; Supreme Court Monthly Review (Vol. IV) of 1971, 150. ......such, the impugned order of the Magistrate granting maintenance to the wife and son under section 488 Cr.P.C. being passed after coming into force of the Ordinance, was without jurisdiction and of no legal effect. Accordingly, the learned Sessions Judge allowed the motion and set aside the order of ..Category: Family Law | Date: | Hits: 215
Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)
....enu Md. Shahadat Hossain alias Bere now detained in Jessore Central Jail should not be brought before this Court in order to satisfy itself that the detenu is not being held in custody illegally or improperly or such other or further order or orders passed as to this Court may seem fit and proper. ......wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......o why the detenu Md. Shahadat Hossain alias Bere now detained in Jessore Central Jail should not be brought before this Court in order to satisfy itself that the detenu is not being held in custody illegally or improperly or such other or further order or orders passed as to this Court may seem fit ..Category: Criminal Law | Date: | Hits: 86
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....36 DLR (AD) 253. 3. Mr. Mahmudul Islam, the learned Counsel appearing on behalf of the opposite parties, advanced his arguments that since the defendants denied the plaintiff’s title in the suit property the amendment of the plaint with an additional prayer for declaration of title of the plain......ivil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Abu Sayeed Ahammed J Syed Monirul Huda Chowdhury………………………………Petitioner Vs. Fouzia Chowdhury and others…………………………………Opposite Parties Judgment June 5, 1994. Re......unus 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 to allow such amendment even where a legal right had accrued by lapse of time if the special circumstances of the case outweighed such co..Category: Property Law | Date: | Hits: 151
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
.... Act, 1922 which provided that all income, profit or gains accruing or arising whether directly or indirectly through or from any business connection in the taxable territories or through or from any property in the taxable territories or through or from any money lent at interest and brought into t......€¦â€¦â€¦â€¦.Respondent Judgment June 30, 1994. Result: The finding of the Taxes Appellate Tribunal was not justified. Cases Referred to- ITR No. 1574 (Bom) of 1974‑75; IT No. 1212 and 1213 (Bom) 1975‑76; Commissioner of Taxation Vs. Kirk, 1900 AC 588 (PC); CIT Vs. Ahmedbhai Uma...... profits and gains from whatever source derived. Total income includes profits and gains referred to in subsection (1) of section 4 and the principle underlying changeability of income depends on the legal accumulation or receipt where that receipt accrues and how it accrues and whether it is to fac..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
.... not be directly remunerated by the Government. Much stress has been put on clause (9). It May be set out; "Every Officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the GovernÂment, or to make any survey, assessment or contract on behalf of t......is Case is also Reported in: 30 DLR (AD) (1978) 58. ......ear to have been stated at any stage of the proceeding. It has nowhere been alleged that it is Habibur Rahman, Officer-in-Charge, L.S.D. godown who has obtained or attempted to obtain by corrupt or illegal means or by otherwise abusing his position as such who in the principal offender under Regulat..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....n of a decree for arrears of rent obtained by Haladhar Dey Sarker and purÂchased by the decree-holder on 6-7-38. The sale was confirmed on 11-8-38 and delivery of possession of the auction purchased property was taken through Court on 23-1-39. The decree-holder auction purchaser having possessed th......Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......appear to have taken the correct view of the law as to the burden of proof as laid down in the Evidence Act. Section 101 of the Act lays down that whoever desires any court to give judgment as to any legal right or liaÂbility dependent on the existence of facts which he asserts must prove that thos..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... the circumsÂtances as stated therein but clearly implies that the Court shall have to decide the matter judiÂcially, that is to say, apply its judicial mind to the records of the case after giving proper notice to the parties, who may be affected by the order of the High Court made under the said......er 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
Musammat KhaleÂda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
.... appeal below does not appear to have committed any error of law or proÂcedure in coming to the finding that the disÂputed Kabalas were genuine documents and the said finding appears to be based on proper appreciation of the evidence on record. 6. Learned Counsel has next submitted that the Nad......ase is also Reported in: 30 DLR (AD) (1978) 27. ......Âchase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ..Category: Property Law | Date: | Hits: 102
....t Dhanmandi Residential Area in the, city of Dacca, by which the validity of a notice calling upon the appellant to pay cerÂtain taxes in addition to annual rent payable in respect of his lease-hold property was chalÂlenged. Mr. M.H. Khandker, a senior advoÂcate of this Court has appeared in pers......shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......ondent No.2 in this appeal, to pay by 30-3-70 sum of Rs.545/70 on account of land reveÂnue which, it was stated in the notice, he had not been making payment of or to show cause by the said date why legal action should not be taken against him under Public Demands Recovery Act for “wilfully defau..
Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
....y the impugned judgment and order, which is liable to be set aside. 7. On the other hand, Ms. Promila Biswas, learned Deputy Attorney General submitted that the learned Assistant Sessions Judge on proper assessment of evidence clearly found the appellants guilty of offence under sections 395 and ......s Also Reported in: 21 BLT (HCD) (2013) 287. ...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ..Category: Criminal Law | Date: | Hits: 103
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. ......he Petitioner. M.K. Rahman, Additional Attorney General (appeared with the leave of the Court)—For the Respondent. Criminal Petition for Leave to Appeal No. 428 of 2010. (From the judgment and order dated 9.6.2010 passed by the High Court Division in Criminal Miscellaneous Case No.21309 o......The reason that four perÂsons have been brutally killed and that the police in their forwarding report have alleged direct the complicity of the petitionÂer in the commission of the murders are not legal grounds for not confirming the ad interim bail granted earlier, who has enjoyed the privilege ..Category: Criminal Law | Date: | Hits: 96
Shameem Ara and others Vs. Government of Bangladesh and othÂers, 2011, 40 CLC (AD)
....e was upgraded to a University, namely Jagannath University. Section 56 of the Act, 2005 enacts provisions regarding the abolition of the Government Jagannath College and the consequent effect on the property of the College as well as on the service conditions, the continuity and staÂtus of the Pro...... (Civil) Present: Md. Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Shameem Ara and others………………………….....Petitioners (In Civil Petition No.1973 of 2010) Md. ...... Constitution. 5. After hearing both the parties, by the impugned judgment and order of a Division Bench of the High Court Division the Rules were discharged holdÂing that the petitioners have no legal right for automatic absorption in the service of the Jagannath University, which may be enforc..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....al Code against the accused person beyond any shadow of reasonable doubt by adducing independent, disinterested eye-witness of the occurrence. He further submits that the learned Judge failed to take proper care and caution in assessing the evidence of partisan and interested witnesses. It is furthe......an Miah J Md Abdul Hafrz J State.............Appellant Vs. Jahangir Mallik................Condemned Prisoner Judgment December 1, 2008. Result: The Death Reference is rejected and the Jail Appeal is dismissed. Cases Referred to- Abdul Hai Sarker Vs. State, 43 DLR (AD) 9......ask of investigation was reposed in SI Md. Shahjahan on 28-12-2000 who after investigation submitted charge sheet under section 302 of the Penal Code against the accused person. 5. After observing legal formalities, the case record was transmitted to the Sessions Judge, Barisal, wherein the case ..Category: Criminal Law | Date: | Hits: 87
.... the learned Counsel for petitioner.
6. It appears that findings arrived at by the Courts below have been rested upon consideration and discussions of materials on record and also on a correct and proper analysis of the legal aspects involved in the suit. Moreover, I do not find any misreading or......he order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60.......Lawyers Involved:
MA Jalil, Adaocate - For the Petitioner.
Civil Order No. 3029 of 2009.
Judgment
SM Ziaul Karim J. - By this application plaintiff-appellant-petitioner has challenged the legality and propriety of judgment and order dated 6-8-2009 passed by learned Additional District Ju..
Category: Property Law | Date: | Hits: 73
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....an limit of Taka 40,000 on 2-8-1980 and the defendant No. 1 furnished all the charge documents necessary for the purpose and the original defendant No. 2 SM Nazimuddin was guarantor by mortgaging his property against the sanctioned loan. The defendant No. 1 withdrew the loan amount but did not repay......) 49....... No. 1 for payment of loan money after expiry of the period for repayment. The defendant No. 1 failed to make adjustment of the loan in spite of repeated reminders. As such, the plaintiff-Bank served legal notice on the defendant No. 1 on 8-3-1983, but she failed to respond and did not repay resulti..Category: Civil Law | Date: | Hits: 116
Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)
....st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......Jaymala Baroy @ Shamsun Naher.........Petitioner Vs. Dilip Kumer Baroy..........................Opposite Party Judgment November 4, 2009. Result: The order of stay granted earlier stands vacated. Lawyers Involved: Suraiya Begum, Advocate - For the Petitioner. No one appear....... No one appears - For the Opposite Party. Civil Revision No. 4680 of 2005. Judgment SM Ziaul Karim J. - This Rule, at the instance of defendant appellant-petitioner calls in question the legality and propriety of judgment and order dated 23-8-2005 passed by learned Additional District J..Category: Civil Law | Date: | Hits: 130
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....or petitioner. 8. It further transpires that findings arrived at by the Court of appeal below having been rested upon consideration and discussions of materials on record and also on a correct and proper analysis of legal aspects involved in application for injunction, I do not find any misreadin......d in: 15 BLC (HCD) (2010) 46. ......t Attorney General - For Opposite Party Nos. 2-3. Civil Revision No. 1029 of 2006 with Civil Rule No. 709 (R) of 2008 (Violation). Judgment SM Ziaul Karim J.- This Rule calls in question the legality and propriety of judgment and order dated 8-3-2006 passed by learned Joint District Judge, ..Category: Civil Law | Date: | Hits: 92
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....egal effect and why the respondents should not be directed to delete the name of the petitioner from the CIB Report and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in the petition are that the petitioner No. 1 is a com......e is also Reported in: 15 BLC (HCD) (2010) 34. ......f the names of the petitioners in the CIB Report of Bangladesh Bank under the Borrower Code No. 4999 as mentioned in Annexure-A should not be declared to have been passed without laurite and is of no legal effect and why the respondents should not be directed to delete the name of the petitioner fro..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....he proceeding, of CR Case No. 2355 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed or pass such other order or further orders as this Court may deem fit and proper. Further proceeding in the said CR Case was also stayed. None appears on behalf of the com......hy the proceeding, of CR Case No. 2355 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed or pass such other order or further orders as this Court may deem fit and proper. Further proceeding in the said CR Case was also stayed. None appears on behalf of the......nt. 11. So, evidently the petition of complaint does not disclose any offence under section 406 of the Penal Code. Therefore, the cognizance taken by the learned Magistrate under section 406 was illegal. 12. We consider it pertinent to mention that the offences of "criminal breach of trust" an..Category: Criminal Law | Date: | Hits: 95
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