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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. ...... Lawyers Involved: Israfil Hossain, Advocate instructed by Md. Ferozur Rahman, Advocate-on-Record—For the Petitioners. Khaled Ahmed, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No.214 of 2010. (From the judgment and order dated 21.10.2009 passed by the H......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. ......rs Vs. Ms. Nurunnahar Begum.........................................Respondent Judgment January 16, 2012. Result: The judgment and order of the High Court Division is set aside. Lawyers Involved: Israfil Hossain, Advocate instructed by Md. Ferozur Rahman, Advocate-on-Record�..

Category: Civil Law | Date: | Hits: 154

Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)

.... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ...... 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 present Petitioner Meher Negar on ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ...... 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. Lawyers Involved: Alimuzzaman Chowdhury with Md. Khurshid Alam Khan, Advocates ‑ For the Petiti..

Category: Family Law | Date: | Hits: 215

Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)

.... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......Fazlul Karim J. -This rule was issued calling upon the opposite parties to show cause as to 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...... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... 1994. Result: The Rule is made absolute. Cases Referred to- Mrs. Saleha Chowdhury Vs. Government of Bangladesh and others, 40 DLR 207; Abdul Latif Mirza Vs. Bangladesh, 31 DLR (AD) 1. Lawyers Involved: Syed Shahidur Rahman, Advocate ‑ For the Petitioner. M Shamsul Alam, Deput..

Category: Criminal Law | Date: | Hits: 86

Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)

....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......ion No. 2834 of 1993. Judgment Abu Sayeed Ahammed J. -The defendants are revisionist. Fray is among the collateral relations of the same family. We are called upon to consider whether in a suit for ejectment of licencees, a prayer for declaration of plaintiffs title in the suit holding can be ......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......ar Vs. Md. Fazlur Rahman, 1979 BSCR 135; Managing Committee NMC Model High School and others Vs. Obaidur Rahman Chowdhury and others, 31 DLR (AD) 133; Kanda and others Vs. Waghu, AIR 1950 (PC) 68. Lawyers Involved: Kazi Shahadat Hossain, Advocate ‑ For the Petitioner. Mahmudul Islam, Advo..

Category: Property Law | Date: | Hits: 151

Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Mohammadi Trading Company, 1994, 23 CLC (HCD)

....ioner of Taxes. Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong. There will be no order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 6. ......Application No.1 of 1985. (Chittagong) Judgment Anwarul Hoque Choudhury J. - In the instant reference application being No. 1 of 1985 under section 66(1) of the Income Tax Act has been taken up for hearing today in presence of the learned Deputy Attorney General, Mr. AY Salehuzzaman appearing ......ioner of Taxes. Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong. There will be no order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 6. ...... 1994. Result: The Reference Application is rejected. Case Referred to- Commissioner of Income Tax, Chittagong Zone, Chittagong Vs. M/s Baishakhi Punji Tea Co. Ltd., 1977 BTD page 154. Lawyers Involved: AY Salehuzzaman, Deputy Attorney General - For the Applicant. Application No..

Category: Fiscal/Taxation Law | Date: | Hits: 188

American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)

....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......f Taxes, Chittagong in Income Tax Appeal No. 151/Coy‑II/86‑87 allowing the appeal. 2. The Deputy Commissioner of Taxes disallowed expenses incurred by the applicant outside taxable territories for conducting their business in Bangladesh by artificially linking the expenses with the income ear......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......ench Textile Co. Ltd., (1954) 25 ITR 27 (SC); International Harvester Co. Ltd. Vs. Provincial Tax Commissioner; Motor Union Insurance Co. Ltd. Vs. Commissioner of Income Tax, Bombay, 1945 ITR 272. Lawyers Involved: AKM Mozammel Hoque Bhuiyan, Mrs. Rabeya Bhuiyan with Alamgir‑Al‑Mostafiz, A..

Category: Fiscal/Taxation Law | Date: | Hits: 159

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ...... holding that the labourer under a Government contractor is a public servant within the meaning of S.21 of the Penal Code. 2. It appears that a criminal proceeding being G.R, Case No.242 of 1976 before the Summary Military Court, Sadar, Noakhali is pending, where the two appellants along with Mur......wo appellants along with Muraduzzaman, the Government contractor and Md. Habibur Rahman, the officer in charge of L.S.D Chowmuhani along with others are facing a trial chargeable under clause II of Martial Law Regulation 1 of 1975. The allegation made in the charge sheet by the police may by set o......mad Amir Vs. Md. Kaushar, 21, DLR (S.C.) 330, 1956 Cr. L J. 1320; Mohd. Pasha Vs. State of Hyderabad Reg Vs. Ramijirav Jivbajirav (1875) 12 Bom H.C.R I; Abdul Quader Vs. The State, 28 DLR (AD) 38. Lawyers Involved: Mujibur Rahman, Advocate with Abul Quasem Bhuiyan, Advocate, instructed by S.M..

Category: Criminal Law | Date: | Hits: 115

Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)

....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......inst a judgment of a Bench of the Dacca High Court, setting aside in a Second Appeal a concurrent judgment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......1; Krishna Nath Sarkar Vs. Rani Kusum Kumari Das AIR 1923. Cal. 351; Upendra Kishore Sarkar Vs. Sk. Khalil AIR 1937 Cal. 568; 55 CLJ 170; Shariatullah Vs. Jainuddin AIR 1935 Cal. 463: 39 CWN 454. Lawyers Involved: Asrarul Hossain, Senior Advocate, with Mozammel Huq Bhuiyan, Advocate instructe..

Category: Property Law | Date: | Hits: 97

Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)

.... 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. ......ate, intruded by H.C. Panday, Advocate-on-Record—For the Petitioner. Nizamuddin Haider, Advocate, instructed by M. R. Khan, Advocate-on-Reeord—For the Respondents No.1 and 2. Civil Petition for Special Leave to Appeal No. 173 of 1977. (From the Order dated 3-6-77 passed by the High Cou...... 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. ...... Vs. Kumar Birendra Chandra Singh (1922) L.R. 50 L.A 247; ILR.50 Cal.243; 27 C.W.N. 749: A.J.R. 1922 P.C.405; Jagannath Rac-Dani Vs. Ram Bharosa L.R. 60 I A. 49; 37 C.W.N 321: A LR. 1933: P.C. 33. Lawyers Involved: T.H. Khan, Senior Advocate, with Aftabuddin Ahmed, Advocate, intruded by H.C. P..

Category: Civil Law | Date: | Hits: 111

Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)

....chase 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. ......vocate-on-record—For the Petitioner. Khandker Mahbubuddin Ahmed, Advocate, with Md. Shafiqur Rahman, Advocate-For Respondents No.1-6. Not Respresented—Respondents No.7-15. Civil Petition for Special Leave to Appeal No.28 of 1977. (From the Judgment and Decree dated 23-6-76 passed by......chase 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. ......da Razia Khanam and others.........Petitioners Vs. Mahtabuddin Choudhury and others…………………….Respondents Judgment June 6, 1977. Result: The petition is dismissed. Lawyers Involved: M.H. Khandker, senior Advocate, instructed by B.C. Panday, Advocate-on-record�..

Category: Property Law | Date: | Hits: 102

M H Khandker, Advocate Vs. Bangladesh (formerly Province of East Pakistan) & another, 1977, 6 CLC (AD)

....lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ......vil) Present: Syed ABM Husain CJ Debesh Chandra Bhattacharya J Fazle Munim J M H Khandker, Advocate……………………………………………Appellant Vs. Bangladesh (formerly Province of East Pakistan) & another..........Respondents Judgment July 27, 19......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ......ghlal Pandey, LR 44 IA 246; ILR 45 Cal 87; 22 CWN 201 ; Raghu Nath Roy Marwari Vs. Raja Durga Prasad Singh, LR 46 1A 158; 23 CWN 914; M/s. Amin Jute Mills Ltd. Vs. Bangladesh, 29 DLR (SC) 85 (96). Lawyers Involved: M. H. Khandker, Senior Advocate with Q.G. Ghauce, Advocate, instructed by Abu B..

Category: Property Law | Date: | Hits: 114

Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)

.... 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. ........... Appellants Vs. The State................................... Respondent Judgment April 20, 2011. Result: The appeal is allowed. Lawyers Involved: Afsana Begum, Advocate - for the appellants. Promila Biswas, Deputy Attorney General - for the respondent. Criminal App...... 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. ......uddus J Teli alias Mantu and others ............ Appellants Vs. The State................................... Respondent Judgment April 20, 2011. Result: The appeal is allowed. Lawyers Involved: Afsana Begum, Advocate - for the appellants. Promila Biswas, Deputy Attorney..

Category: Criminal Law | Date: | Hits: 103

Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)

....e acquitted of charges 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: .........................Respondent Judgment April 19, 2011. Result: The appeal is allowed. Case Referred to- State Vs. Manu Miah, 54 DLR (AD) 60. Lawyers Involved: No one appears - for the appellant. Salma Rahman, Assistant Attorney General - for the respondent. Criminal App......e acquitted of charges 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: ......llants Vs. The State...............................Respondent Judgment April 19, 2011. Result: The appeal is allowed. Case Referred to- State Vs. Manu Miah, 54 DLR (AD) 60. Lawyers Involved: No one appears - for the appellant. Salma Rahman, Assistant Attorney General..

Category: Criminal Law | Date: | Hits: 105

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. ......tructed by Syed Mahbubar Rahman, Advocate-on-Record—For the 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 Hi...... 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. ...... Vs. The State..............................................................Respondent Judgment March 14, 2011. Result: Leave is granted to admit the accused petitioner on bail. Lawyers Involved: Mizanur Rahman, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Recor..

Category: Criminal Law | Date: | Hits: 96

Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. .....................Respondents (In all the cases) Judgment July 24, 2011. Result: The petitions are dismissed. Case Referred to- Council of Civil Service Union and others Vs. Minister for the Civil Service, 1985 (AC) 374. Lawyers Involved: Abdul Matin Khashru, Senior Advocate, ......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......ses) Judgment July 24, 2011. Result: The petitions are dismissed. Case Referred to- Council of Civil Service Union and others Vs. Minister for the Civil Service, 1985 (AC) 374. Lawyers Involved: Abdul Matin Khashru, Senior Advocate, instructed by Mr. Haridas Paul, Advocate-..

Category: Employment/Service Law | Date: | Hits: 134

State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)

....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......e the Death Reference being No. 50 of 2005, and Jail Appeal No. 421 of 2005 have arisen out of same judgment and order dated 27-4-2005, hence the Death Reference and Jail Appeal are taken up together for disposal by this judgment. 3. Prosecution case, in short, is that, on 19-4-2000 at 5.00 AM wh......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ...... Referred to- Abdul Hai Sarker Vs. State, 43 DLR (AD) 95; Abdul Quddas Vs. State, 43 DLR (AD) 234; Abdus Sukur Miah Vs. State, 1996 BLD 337 = 48 DLR 228; Nawsher Ali Vs. State, 39 DLR (AD) 194. Lawyers Involved: Umme Kulsum Begum, Deputy Attorney General with SM Shajahan Kabir, Assistant At..

Category: Criminal Law | Date: | Hits: 87

Harendra Chandra Barman Vs. Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (HCD)

....edure. In view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 60....... Third Court, Kishoreganj dismissing Miscellaneous Appeal No. 28 of 2009 and affirming those of dated 18-3-2009 passed by the learned Assistant Judge, Mithamoin, Kishoregonj, rejecting an application for temporary injunction in Other Class Suit No. 9 of 2009. 2. Material facts are that the plaint......edure. In view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 60....................Petitioner Vs. Government of the People's Republic of Bangladesh and others...........Opposite Parties Judgment August 17, 2009. Result: The application is rejected. Lawyers Involved: MA Jalil, Adaocate - For the Petitioner. Civil Order No. 3029 of 2009. Ju..

Category: Property Law | Date: | Hits: 73

Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)

.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......s Judgment August 11, 2009. Result: The appeal is allowed. Case Referred to- Firoja Mazib Vs. JB Corporation, 39 DLR (AD) 78. Lawyers Involved: Abdul Wadud Bhuiyan with SRM Lutfor Rahman Akhand, Advocate - For the Appellants. None appears - For the Respondents. Appeal f...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ...... Rustom Ali and others..................Respondents Judgment August 11, 2009. Result: The appeal is allowed. Case Referred to- Firoja Mazib Vs. JB Corporation, 39 DLR (AD) 78. Lawyers Involved: Abdul Wadud Bhuiyan with SRM Lutfor Rahman Akhand, Advocate - For the Appellant..

Category: Property Law | Date: | Hits: 71

Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)

....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......rned Subordinate Judge (Joint District Judge), Artha Rin Adalat No. 3, Dhaka, in Title Suit No. 209 of 1990 dismissing the suit. 2. The Pubali Bank as the plaintiff, filed the above mentioned suit for realisation of loan money sanctioned under a usufructury mortgage against the defendants contend......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......J Md. Azizul Haque J Pubali Bank Ltd...........Appellant Vs. Farzana Begum and another...........Opposite Parties Judgment December 13, 2009. Result: The appeal is allowed. Lawyers Involved: Zakir Hussain Mazumder, Advocate - For the Plaintiff-Appellant. No one appea..

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....... dismissing Miscellaneous Appeal No. 312 of 2004 and affirming those of dated 21-10-2004 passed by learned Assistant Judge, Additional Second Court, Dhaka dismissing Miscellaneous Case No. 14 of 2003 for default. 2. Material facts are that plaintiff instituted Family Suit No. 333 of 2002 in the F......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.......hamsun 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 appears - For the Oppos..

Category: Civil Law | Date: | Hits: 130

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