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Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....other plots by notification No. 3125 dated 13.04.1955 and the Collector of Dhaka was appointed as forest Settlement Officer. As per provision of Forest Act objections were invited from the interested persons within 90 days but neither the plaintiffs or anybody raised any objection as they had no tit......along with other plots by notification No. 3125 dated 13.04.1955 and the Collector of Dhaka was appointed as forest Settlement Officer. As per provision of Forest Act objections were invited from the interested persons within 90 days but neither the plaintiffs or anybody raised any objection as they......der as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......tion from various authorities including the Ambassador of Bangladesh in Italy. The Head office of Export Promotion Bureau by order dated 17.8.88 transferred him from Milan to Dhaka office. For education of his children the writ petitioner prayed for his retention in Milan up to the end of 1..Category: Employment/Service Law | Date: | Hits: 105
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....iled by the defendant No. 1. 12. The High Court Division set aside the judgment of the Court of appeal below holding plaintiffs suit was bad for defect of parties i.e. for non impleading the persons whose names transpired in the course of recording evidence and they claimed to be in posses......s have no possession in the land in suit, that the dakhilas filed by the defendants in support of their claim of taking settlement have not been proved by the competent independent and disinterested witness and as such no reliance can be placed on these dakhilas, that the plaintif......here is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......band and she took service in a School where first son was admitted for proper education. Accordingly, the High Court Division made the Rule absolute with the observation that if the father is interested to support his sons for better education and maintenance he may send required amount of ......ithout any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......ed for the welfare of the minors and the submission that the learned single Judge failed to appreciate the fact that the welfare of the minors will be well guaranteed if they are given better education and allowed them to put in a good well managed residential model school in Dhaka at the c..Category: Family Law | Date: | Hits: 161
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....with other lands belonged to defendant Nos.1 and 2 and Promode Nath Sen, the father of defendant No.3, in Mourashi Maliki right and they were in exclusive possession of the same. In 1963, these three persons proposed to sell the suit land and other lands and after negotiation an agreement was made f......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172....... (1985) 205, 1985 BLD (AD) 172.......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172...Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....er whether the learned Judge of the High Court Division correctly interfered with the lower appellate Court's order confirming the trial Court's order for correction of the records in favour of the persons in possession. 7. Mr. Fazlul Karim, the learned Counsel, appearing for the appellan...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......rt Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Reazuddin & ors………………………Appellants ...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....n put to sale in auction under the Public Demands Recovery Act, 1913, and were purchased by one Makram Ali (defendant No.25) in 1954 and immediately after the purchase, were sold to different persons including the heirs of Ahmadullah Munshi. Case of the plaintiffs is that by the Revenue-sal......hall cease to exist but nothing in this sub-section shall prejudicially affect the rights of any third person. (2) If the occupancy-light inland is transferred to a person jointly interested in the land as proprietor or permanent tenure-holder, it shall cease to exist; but no......s Case is also Reported in: 37 DLR (AD) (1985) 193. ......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....o question validity of the registration on the ground that the property under the deed as either did not exist or it was fictitious………………..(5) The persons affected due to registration in respect of the property, not being a party to the registrat......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......Case is also Reported in: 37 DLR (AD) (1985) 177. ......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ..Category: Property Law | Date: | Hits: 36
State Vs. Md. Haroon, 1984, 13 CLC (AD)
.... story”. The chase that was given by the eye witnesses i.e. P.Ws.2, 3, 4 and 6 covering 3 villages when the accused was ultimately arrested, the High Court opined that non examination of any of the persons who allegedly assaulted the accused with lathi in order to stop him running speak a volume a......374 Cr.P.C. and the condemned prisoner also filed an appeal being Appeal No. 37 of 1977. 4. The High Court on a review of the evidence held that the P.Ws. 2, 3, 4 and 6 cannot be described as disinterested eye witnesses to the occurrence inasmuch as "the admitted position is that P.Ws. 1,2,3,4,......spondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....side of appellant Amir Hossain's house; (ii) The inherited land of Rahim Farazi is adjacent to Hossain’s house and as such be might be interested to grab it; (iii)These accused persons absconded as soon as their names were disclosed. 6. Before I examine th......) The dead body of Rahim Farazi was found by the side of appellant Amir Hossain's house; (ii) The inherited land of Rahim Farazi is adjacent to Hossain’s house and as such be might be interested to grab it; (iii)These accused persons absconded as soon as their na......ion that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ..Category: Criminal Law | Date: | Hits: 63
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....ributor of all the three companies mentioned in the tender notice. The learned Counsel submitted that the requirement as laid down by the aforesaid terms is that anyone of the three classes of persons and of any company out of the three companies mentioned could submit the tender. The learne......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......ellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment December 4, 1984. Words and Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
.... allow him to pass along the path, but it is the Magistrates who held enquiry into the matter might do, it. An. altercation therefore followed which attracted members of both the parties. About 40 persons of accused Joynal Abedin's party, variously armed with deadly weapons including, lathis, ha......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ..Category: Criminal Law | Date: | Hits: 57
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....hat prayer made in the writ petition if allowed that would tantamount to destroy the principle of separation of the powers of Executive, Legislature and Judiciary, that the respondents are not persons or authority against whom a writ petition 'would lie', that the matter of absence of the m......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......f the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....r previous to the year of assessment is made the basis for ascertaining the income. The term 'person' who is liable to pay income-tax under this section includes among others an association of persons or a body of individuals, whether incorporated or not, a Company and every other ......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......asis and in such manner as the Income-tax Officer may determine." ......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
...., at the instance of the State, the legality of the High Court Division's order of acquittal in revision has been called in question. The main question is whether the act and conduct of the accused persons, even if admitted, do constitute any offence, under section 79 of the Chittagong Metro...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ..Category: Criminal Law | Date: | Hits: 39
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....octor before the Magistrate was put in under section 33 of the Evidence Act. Defence did not examine any witness. Defence was a plea of innocence. Further defence case was that the accused persons had been falsely implicated in the case out of enmity. The learned Additional Sessio......Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ...... sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ..Category: Criminal Law | Date: | Hits: 52
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....for Calcutta and did not return ever since. Two plaintiffs who wanted to leave the country after making over possession of 'Kha' schedule land to the defendant were prevailed upon by some designing persons to file the suit. 5. Suit is not maintainable under section 83 of the Code of Civil ......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jarina Khatun & ors................................Appelants Vs. Pulin Chandra Das ...... sale deeds during the period beginning from 15 November 1945 to 21 October 1959 defendant purchased several plots in the benami of the plaintiffs. While at Calcutta defendant used to pay the educational expenses of the two sons of plaintiff No.1 and plaintiff No. 2. Plaintiffs, howeve..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
....n question on 28.04.1977 and since then they have been in possession of the same on getting their names mutated and a caretaker was appointed to look after the property. On 16.02.2004, some unknown persons entered into the land in question to start construction of a building and when the caretak...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ......cord arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
....f the Police Station started Kashba P.S. Case No. 9 dated 29.02.2000 under Section 302/34 of the Penal Code. 3. After investigation police submitted charge-sheet against the both the accused persons under sections 302/34 of the Penal Code and confessional statement was also recorded by the......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......he same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ..Category: Criminal Law | Date: | Hits: 51
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....ohasin Mia and others came to the place of occurrence and saw the occurrence and the accuseds left the place. The victim was then taken near the tube well of Yunus and inspite of the efforts of the persons present there the victim could not drink water and he succumbed to his injuries.......here 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: VI ADC (2009) 338. ...... for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ......here 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: VI ADC (2009) 338. ..Category: Criminal Law | Date: | Hits: 38
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