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Bashir Kha Vs. State, 1998, 27 CLC (HCD)

....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....... is that he is a dealer in insecticide and the informant demanded bribe from him. As he refused to pay, he was falsely implicated in the case. The learned Magistrate after considering the evidence on record found the accused guilty of the charge. In the appeal, the judgment and order of conviction p......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...

Category: Criminal Law | Date: | Hits: 58

Chairman, Chittagong Port Authority Bandar Bhaban, Chittagong Vs. Khadiza Khatun and others, 1998, 27 CLC (HCD)

....d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 195. ......of title is pending relating to the land in question before the 3rd Court of Assistant Judge, Chittagong. 3. Authorised Officer upon perusal of the Gazette notification dated 11-11-1954, BS survey records recording the land in the name of the Port Authority and the contents of the 3rd schedule of......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 195. ..

Category: Property Law | Date: | Hits: 103

Habibur Rahman alias Md. Habibur Rahman and another Vs. Mobarak Ali Rari and others, 1997, 26 CLC (HCD)

....on case fails and the Rule is discharged without any order as to costs. Send down the LC records, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193. ......gned decision occasioning failure of justice. Mr. Sobhan further submits that the learned Subordinate Judge as the final Court of fact failed to properly discuss and consider the material evidence on record and arbitrarily concurred with the findings of the trial Court and the same has occasioned fa......on case fails and the Rule is discharged without any order as to costs. Send down the LC records, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193. ..

Category: Property Law | Date: | Hits: 78

Ibrahim Khalil Vs. State, 1998, 27 CLC (HCD)

....he Sessions Judge for disposal in accordance with law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192.......that the above appeal was admitted by the Sessions Judge-in-Charge on 24-3-87 and thereafter the appeal was also heard and disposed of by the same Judge after five days on 31-3-87. I have perused the record of the appellate Court. It is not clear whether the Sessions Judge-in-charge was the Addition......he Sessions Judge for disposal in accordance with law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192...

Category: Procedural Law | Date: | Hits: 69

Dayal Chandra Mondal and others Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others, 1997, 26 CLC (HCD)

....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 186.......unsif Dhaka being Title Suit No.732 of 1981 subsequently re-numbered as Title Suit No.153 of 1984 before Munsif, Savar for declaration of his title in the suit land measuring 0.82 acre of nal land as recorded in CS Plot No.787 under CS Khatian No.137/24 corresponding to SA Plot No.198 under SA Khati......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 186...

Category: Property Law | Date: | Hits: 111

Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)

....stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ...... defendant No.1 never went to the house of the plaintiff and lived with the plaintiff as husband and wife. 6. The learned Munsif on considering the facts and circumstances of the case, evidence on record found that the plaintiff failed to prove the marriage and the Kabinnama. He based his judgmen......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ..

Category: Family Law | Date: | Hits: 185

Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)

....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.......father to the house of her husband as her father’s house was in the town and that of the husband was in the village. But it appears that the said finding is based on gross misreading of evidence on record. Careful examination of the evidence of the plaintiff-wife who deposed as P.W.1 reveals that ......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...

Category: Family Law | Date: | Hits: 152

Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)

....first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249...

Category: Trust/Waqf Law | Date: | Hits: 136

Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)

....e Managing Agent, the assessee, ren­dered services to the managed companies but repelled the contention that since the assessee had foregone the commission for a period of five years as a gesture of good will by passing a resolution, it is not liable to be taxed for the commission allowable to him.......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......anaged 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, the assessee, ren­dered services to the managed companies but repelled the contention that since the assessee had foregone t..

Category: Fiscal/Taxation Law | Date: | Hits: 124

Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)

....etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197...

Category: Criminal Law | Date: | Hits: 80

University Grants Commission and another Vs. University of Information Technology and Science and another, 2012, 41 CLC (AD)

....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169. ......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169. ......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169. ..

Category: Others | Date: | Hits: 197

Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)

.... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ......has not yet been concluded. 4. During the course of investigation of the said case, the police arrested 4(four) persons on suspicion in the instant case and produced them before the Magistrate for recording their Judicial statements under section 164 of the Code of Criminal Procedure. Md. Arif Ho...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ..

Category: Criminal Law | Date: | Hits: 68

Kazi Mohammad Amin Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ......ce and Parliamentary Affairs before cancella­tion of his license. 5. In view of the discussions made above, we are of view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dis­missed. Ed. T......on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ..

Category: Civil Law | Date: | Hits: 87

Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)

....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. ...... Badrunnessa owned 04 decimals of viti land in Khatian No.1593, Shorforaj Uddin Kazi owned 05 decimal land in Khatian No.1594 and in the said CS Dag No.3123, out of 53 decimals land, 27 decimals were recorded in the names of the above persons and the remaining 26 decimals were recorded in the names ......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)

....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.......ion under the President's Order No.27 of 1972, placed under the Bangladesh Jute Mills Corporation and the Respondent 1 Quamrul Huda, who was an employee of the appellant from before, continued in his service in the appellant-company. As a result of worsening relations be­tween him and the managemen..

Category: Employment/Service Law | Date: | Hits: 104

Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)

....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. ......use such question does crop up very freq­uently in the criminal jurisdiction. Section 288 of the Code of Criminal Proce­dure is in the following terms.— “288. The evidence of witness duly recorded in the presence of the accused under Chapter-XVIII may in the discre­tion of the presiding......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)

....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. ......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. ......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)

.... 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. ...... 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)

....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. ......Respondent Judgment July 26, 1982. Result: Civil Appeal No. 115 of 1981 is dismissed. Lawyers Involved: Habibul Islam Bhuiyan, Advocate instruc­ted by Md. Sajjadul Huq, Advocate-on-record - For the Appellant (In Civil Appeal No. 114 of 1981) and Respondent (In Civil Appeal No.115 ......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)

....ide as against him, even when the defendant was aware of the institution of the suit against him. 10. Under Order IX, rule 13 of the Code, if summons is not duly served on the defendant, that is a good ground for setting aside an ex parte decree. On a perusal of the relevant provisions of the Civ......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.......-74 when the plaintiff-respondents went to take possession of the suit lands through Court. 4. The respondents contested the case by filing a joint written objection, denying the allegation of non-service of summons upon the appellants and stating further that those were properly served and that ..

Category: Property Law | Date: | Hits: 67