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Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....lity or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......rer and he is still his possession of the same and his name has been recorded in last SA Khatian No.1090 and thereby he became co-sharer of the case land and it is only on 12-1-1998 he, for the first time, came to know that the respondent No.1, on 16-4-1998, purchased the case land from the pro form......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 76
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
.... this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......4). Judgment Kemaluddin Hossain CJ.- The point involved in this appeal though a short one, is one of considerable importance, because of the different nationalisation legislations passed from time to time. The question is whether an employee of a Private Limited Company incorporated under ......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
.... witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......to be used for the purpose of contradicting him." "157. In order to corroborate the testimony of a witness, any former statements made by such witness relating to the same fact at or about the time when the fact took place, or before, any authority legally competent to investigate the fact, m......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....ecree 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 of his purchase by the kabala dated 11-7-63 which got no legal basis. 4. A second appeal was preferred against that judgment - S.A. No. 220 of 1963 in which a contention was raided for the first time that the transfer by Delaney Estate to the plaintiff under the kabala dated 1.8.59 was hit by s......ded 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 of 1963 of the 3rd Court of Mu......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. ..Category: Property Law | Date: | Hits: 58
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
....Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ...... dispute. The only question is whether in the absence of necessary amendment of Muslim Family Laws Ordinance, 1961, Arbitration Council as contemplated in the said Ordinance was in existence at the time when the second marriage of the respondent was solemnised? Section 6 sub-section (5) are in t...... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ...... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ..Category: Family Law | Date: | Hits: 166
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....xpression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......alue of Tk. 21,49,843/-. Which was not shown in its return, appeared and submitted its inability to produce the Books of Accounts and other documents as those could not be traced out due to laps of time. 3. The Income Tax Officer then assessed tax summarily under section 23(4) of the Income Ta......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
...., the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162.......ting aside the aforesaid ex parte decree stating, inter alia, that summons of the suit were not served upon them and those were suppressed and that they learnt about the ex parte decree for the first time on 21-4-74 when the plaintiff-respondents went to take possession of the suit lands through Cou......ants 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 and 44 of 1943 were void, illegal and inoperative and for recovery of possession of the suit land. During the pendency of the suit the original plaintiff Abdu......or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162...Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....her observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......ession of the proceeding land. Treating the written statement as an application under sub-section (5) of section 145 of the Code the learned Magistrate fixed a date of hearing of the case. In the meantime the Police Officer of Chakaria Police Station submitted a report stating that there was no appr......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
.... for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......vernment haying subsequently acquired title to the said lands, the law of estoppel would apply and that the Government would be estopped from asserting that it had no title to the said lands at the time when the settlement was granted. The learned Judges, of the High Court Division negatived the...... dismissing the suit brought by the appellants for declaration of their title and for confirmation of possession in some portion of the land in suit, described in Schedule 'A' to the plaint and for recovery of possession of the remaining land as described in Schedule 'B' to the plaint. 2. The a......manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......e 468 of the Report: “Their Lordships, however, desire it to be understood that they do not hold that the property absorbed by a Sea or a River is, under all circumstances and after any lapse of time, to be recoverd by the owner. It may well be that it may have been so completely abandoned as t......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
.... The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......hange in the nature and character of the suit. For example, as in the present case, a simple suit for declaration of title to the suit land was converted following an alleged dispossession in the meantime, into a suit for recovery of possession by amendment. Can it be said that by adding a new praye......d character of the suit. For example, as in the present case, a simple suit for declaration of title to the suit land was converted following an alleged dispossession in the meantime, into a suit for recovery of possession by amendment. Can it be said that by adding a new prayer for recovery of poss......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....gh Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlul Rahman J Md. Delwar Hossain J M Fransis P Rojario alias Babu.................Accused-Petitioners Vs. State...............Opposite Party Judgment December 15, 2009. Result: The Rule is made ab......, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the case were stayed for a limited period, ......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355...Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....upreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Azizul Haque J Salahuddin Ahmed…………………Petitioner Vs. State...............Opposite Parries Judgment July 5, 2009. Result: The Rule is discharged......ed Advocate has relief upon the case of Abdul Huque Vs. State reported in 60 DLR (AD) 1. He submits that the accused-petitioner shall get sufficient opportunity to place his grievance, if any, at the time of taking cognizance as well as framing of charge, when it would be possible to examine investi......pearing on behalf of the accused-petitioner, submits that the allegation brought against the former member of the Parliament was politically motivated only for harassment and humiliation. The alleged recovery of relief materials was made on 22-11-2007 when the accused-petitioner was in custody. It i......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351...Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....titioner Vs. Zabun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rules are made absolute. Cases Referred to- Mohsena Khatun Vs. Habib Knitting Mills, 1997 BLD (AD) 47; Hussain Ahmed Chowdhury Vs. Md. Nurul Amin, 47 DLR ......d qualified himself and also subsequently passed FCPS in eye. As an eye specialist he earned good reputation at home and abroad. He went to Saudi Arabia through Government and served there for a long time with the satisfaction of the authority by high paid salary. He did not acquire any foreign decr......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....etitioner Vs. Md. Abu Taher Khan and anr....................Opposite Parties Judgment December 10, 2009. Result: The Rule is discharged. Cases Referred to- Zahid Hossain Vs. State, 61 DLR 386; Stalion Shox (Pvt.) Vs. Auto Teisions (Pvt.) Ltd. (1994) 79, Company Cases 809 (Del......he demand made in the said notice is not satisfied within the statutory period of 30 days of receiving the notice. He also submits that, all the 3(three) cheques were presented for honour well within time, that is before becoming stale and the notice of demand, as contemplated under section 138(1) (......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ..Category: Criminal Law | Date: | Hits: 86
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ...... if it is not made to a police officer; or (3) if it is made in the presence of a Magistrate when the accused is in the custody of a police officer. 56. A confession is an admission made at any time by a person charged with a crime, stating or suggesting the inference that he committed that cr......Saraigachhi Food Godown on each bag and that he seized the looted rice. Thus it appears from the above evidence on record that the contents of confessional statements are directly corroborated by the recovery and seizing of looted rice of Saraigachhi Food Godown with label and marks of that godown, ......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....e discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......ution has succeeded in proving the case and how far evidence of P.Ws. inspite the confidence of the Court. First of all, we like to scan the evidence of prosecution as regard the place of occurrence, time of occurrence and manner of occurrence. We find serious contradictions in the evidence on recor......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..Category: Criminal Law | Date: | Hits: 66
....
July 29, 2009.
Result:
The Rule is made absolute and the respondents are directed to act as per the direction made in the body of the judgment.
Lawyers Involved:
Manzil Murshid Advocate-For the Petitioners.
Razik-al-Jalil, Deputy Attorney-General-For the Respondents.
Writ P......and, as such, necessary direction should be given to the Government in this regard. He lastly submits that the Rule should be treated as continuing mandamus so that this Court can give direction from time to time.
10. Mr. Razik-al-Jalil, the learned Deputy Attorney-General appearing on behalf of...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....d. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......s Vs. Hussain Fabrics Ltd. and others............................Respondents Judgment May 31, 2010. Result: This appeal is allowed and the order of injunction granted earlier at the time of issuance of rule is by vacated. Lawyers Involved: Jamiruddin Sirker with AHM Mushfiqur......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66......., Shyampur Police Station. Officer-in-Charge, Shyampur Police Station submitted report. Thereafter, plaintiff applied to the Officer-in-Charge, Shyampur Police Station for posting 10 Ansars with fire arms and the application ultimately was allowed by the Commissioner of Metropolitan of Police vide m..Category: Property Law | Date: | Hits: 78
.... any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......nder the law has jurisdiction to entertain the suit. The petitioner obtained the suit property vide registered sale deed which was produced by the writ petitioner before the Artha Rin Adalat at the time of hearing and that was marked as exhibit and that there is no bar under Article 14 of the Pres......udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
..
Category: Property Law | Date: | Hits: 173
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