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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. ......section 96 The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-emptee had been cultivating the land within the sight of the pre-emptor for over a decade. [Anil Kumar and others Vs. Syed Hafeez Moinuddin and others, reported in 35 DLR 3......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. ......idence as to circumvent the bar of limitation..............................................................(10) Case Referred to- Anil Kumar and others Vs. Syed Hafeez Moinuddin, 35 DLR 39. Lawyers Involved: Md. Abdus Sobhan, Advocate - For the Petitioners. Md. Khurshid Alam Khan, Ad..

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.......˜Court of Sessions’ has been used. A Court of Sessions is established under section 9 of the Code of Criminal Procedure and under sub-section (1) of that section, the Government may appoint a Judge for such a Court and that Judge is called the Sessions Judge. Under sub-section (3) of that section,......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....... State…………………Opposite Party Judgment March 10, 1998. Result: The Rule is made absolute. Case Referred To- Kamelshwar Singh Vs. Dharmandeo Singh, AIR 1957 Patna 375. Lawyers Involved: None appears - The Petitioner. Md. Mustafa, Assistant Attorney-General - For..

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.......al, predecessor-in-interest of the petitioners as plaintiff, instituted a suit in the 3rd Court of Munsif 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 ......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.......(Rev) Dhaka, 1983 BCR 225; Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 46 DLR 136; Additional Deputy Commissioner (Rev) Narayanganj Vs. AKM Latiful Karim and others, 17 BLD (HCD) 249. Lawyers Involved: SR Karmaker, Advocate - For the Petitioner. Md. Shahidul Alam Chowdhury, Adv..

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. ......ated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 reversing those of dated 29-8-1984 passed by the Munsif, Matlab Upazila in dismissing Title Suit No.390 of 1984 for restitution of conjugal right. 2. The opposite party as plaintiff instituted Title Suit No.22......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. ......¦â€¦â€¦â€¦â€¦..Opposite Party Judgment July 4, 1994. Result: The Rule is made absolute. Cases Referred To- 21 DLR 218; 34 DLR 221; Muller Vs. Oregon, US Supreme Court Report Book 52 Law Edition pages 411, 412. Lawyers Involved: Md. Abdur Rahim, Advocate - For the Petitioners...

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.......the judgment and decree dated 8-8-93 passed by the Family Court Judge, Sadar Noakhali, in Family Court Suit No.47 of 1991 decreeing the suit in part. 2. The petitioner wife as plaintiff filed the aforesaid suit for her prompt dower and maintenance for herself and for her baby son alleging, inter ......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.......Joynul Abedin J Saleha Begum………………..Petitioner Vs. Kamal Hossain…………………Opposite Party Judgment November 3, 1997. Result: The Rule is made absolute. Lawyers Involved: Khair Ahmed, Advocate — For the Petitioner. AKM Abdul Malek, Advocate — ..

Category: Family Law | Date: | Hits: 152

Abdul Jalil Munshi (Md.) Vs. Returning Officer & others, 1997, 26 CLC (HCD)

....ion is disposed of. Let a copy of this judgment/order be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ......nvolved: Golam Kibria, Advocate - For the Petitioner. Writ Petition No.7399 of 1997. Judgment Qazi Shafiuddin J.- The petitioner Md. Abdul Jalil Munshi filed nomination paper on 4-11-1997 for the post of Chairman of Eogram Union Parishad, PS Goalanda, District Rajbari. The Returning Offi......ion is disposed of. Let a copy of this judgment/order be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ......il Munshi (Md.)……………….Petitioner Vs. Returning Officer & others…………………Respondent Judgment November 23, 1997. Result: The application is disposed of. Lawyers Involved: Golam Kibria, Advocate - For the Petitioner. Writ Petition No.7399 of 1997. ..

Category: Election Law | Date: | Hits: 153

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.......nt of wakf is involved in view of sections 50 and 102 of the Waqf Ordinance, 1962. 2. Since the question has been raised by defendant appellants immediately on the presentation of the plaint and before the filling of the written statement the only facts are the plaint allegations. In view of the ......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..................................Respondents Judgment November 21, 1978. Result: The appeal is allowed in part. Case Referred To- Secretary of State Vs. Mask & Co., 44 C.W.N. 709. Lawyers Involved: Ahmedur Rahman Khan, Advocate instructed by S.S. Huda, Advocate on Record - For..

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

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

....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....... accrued or arose. The Income Tax Officer took the view that the assessee was entitled to receive the commission from the managed 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, th......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.......av Das and Company, (1962) 46. I.T.R. 144; Commis­sioner of Income Tax Vs. Chamanlal Mangaldas Co., (1956) 29 I.T.R. 987; (1960 (39) I.T.R, 8 (SC); C.I.T. Vs. Ajax Products, 55 I.T.R. 741 (S.C.). Lawyers Involved: A.K.M. Mozammel Hoque Bhuiya, Advocate, with Mrs. Rabia Bhuiya, Advocate, instr..

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.......der dated 07.04.2011 passed by the High Court Division in Criminal Miscellaneous Case Nos.5687, 5688 and 5689 of 2011.) Judgment Md. Mamtazuddin Ahmed J.- The above mentioned Criminal Petitions for leave to appeal have been directed against the judgment and order dated 07.04.2011 passed by the......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....... cases) Vs. The State, represented by the Deputy Commissioner, Mymensingh...................Respondent (In all cases) Judgment June 2, 2011. Result: The petitions are dismissed. Lawyers Involved: Muhammad Jamiruddin Sircar, Senior Advocate, instructed by Mvi. Md. Wahidullah,..

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. ......Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J University Grants Commission and another.................................Petitioners Vs. University of Information Technology and Science and another…….Respondents Judgment January 12, 2012. ......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. ...................Petitioners Vs. University of Information Technology and Science and another…….Respondents Judgment January 12, 2012. Result: The leave petition is disposed of. Lawyers Involved: A. B. M. Bayzid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Recor..

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. ......cted by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner. Mahbubey Alam, Attorney General, Instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 387 of 2011. (From the order dated 31.07.2011 passed by the High Court Di...... 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. ..................................Petitioner Vs. The State......................................................Respondent Judgment August 18, 2011. Result: The Petition is dismissed. Lawyers Involved: Anisul Haque, Senior Advocate, Instructed by Syed Mahbubar Rahman, Advocate-on-..

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. ......The leave petition is dis­missed. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Ferozur Rahman, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1182 of 2004. (From the judgment and order dated 02.05.2004 passed by the ......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. ......Ruhul Amin J Md. Hassan Ameen J Kazi Mohammad Amin......................................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Dhaka & others................................Respondent..

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. ......on-Record—For Respondent Nos.1-2 (In Civil Petition No. 1499 of 2007.) Not represented—Respondent Nos.3-6 Not represented—Respondent (In Civil Petition No.1333 of 2007.) Civil Petition for Leave to Appeal Nos.1333, 1498-99 of 2007. Judgment Md. Tafazzul Islam J. - The above Civi......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. ..........................................Petitioner Vs. Dr. Ashequr Rahman Khan and others..............Respondents Judgment November 9, 2008. Result: All the petitions are dismissed. Lawyers Involved: AK Badrul Huq, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—Fo..

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....... is allowed. Cases Referred to- Bangladesh Small Industries Corporation Vs. Mahbub Hossain, (1977) 29 DLR (SC) 41; Punjab Ali Vs. Mohd. Mokarram Hossain, (1977) 29 DLR (AD) 185; Tamlin Vs. Hannaford, 1950 (1) K.B 18; State Trading Corporation of India Vs. The Commercial Tax Officer, A.I.R. 196......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.......5; Tamlin Vs. Hannaford, 1950 (1) K.B 18; State Trading Corporation of India Vs. The Commercial Tax Officer, A.I.R. 1963 SC 1811; British Broadcasting Corporation Vs. Johns, (1965) Ch Division 32. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, with T. Islam, Advocate, instructed by B. Hoss..

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. ......While Shorhab Sikder was being taken to the Barisal Hospital, he expired. 3. The trial Court convicted all the five accused persons under section 302/34 B.P.C. and sentenced them to transportation for life. On appeal to the High Court, two of the accused were given benefit of doubt and acq­uitte......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. ......, (1970) 22 DLR (SC) 1; Fakira Vs. Emperor, AIR 1937 (PC), 119; Adalot Vs. The Crown, (1956) 8 DLR (FC) 69; Md. Afzal Vs. The Crown, 1970 SC M.R. 204; Ahmi (Ahmad) Vs. The Crown, 1969 SC M.R. 837. Lawyers Involved: Aleem-al-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Record - For the..

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. ......h Court Division is well founded 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 o......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. ......Ali J Hafizuddin Ahmed and another……………Appellants Vs. Mahbubul Huq and others…………………Respondents Judgment March 20, 1983. Result: The appeal is allowed. Lawyers Involved: Shaukat Ali Khan, Senior Advocate, Supreme Court, instructed by B. C. Panday, A..

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. ......strate on consideration of the evidence found the respondent guilty under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961 and convicted him and sentenced him to suffer rigorous imprisonment for 5 months and to pay a fine of Tk. 200/- in default to suffer rigorous imprisonment for 1 month m...... 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. ......n Ahmed J Tahera Begum……………………… Appellant Vs. Farukh Meah……………………… Respondent Judgment November 8, 1982. Result: The appeal is dis­missed. Lawyers Involved: Mrs. Rabiya Bhuiya, Advocate (Mozammel Huq Bhuiya, Advocate with her) instruc­..

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. ...... and Forwarding Agent, was originally assessed income tax on 22nd July, 1950, on a total income of Tk. 44,702/-. On February 16, 1962, notice under section 34 of the Income Tax Act was issued upon it for re-assessment, the ground being that it was under-assessed for the year concerned. The assessee ......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. ......(In Civil Appeal No.115 of 1981) Vs. Commissioner of Taxes, Chittagong Zone………………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-r..

Category: Fiscal/Taxation Law | Date: | Hits: 104

Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)

....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.......decessor-in-interest of the respondents filed O.C. Suit No. 220 of 1968 in the Additional Court of Munsif, Kishoreganj, against the appellants, who were defendants 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......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.......arik and another..........Respondent Judgment January 12, 1983. Result: The appeal is allowed. Case Referred to- Kassim Ebrahim Saleji Vs. Johurmull Khemka, A.I.R. 1916 Cat. 181. Lawyers Involved: M. G. Rabbani, Advocate, instructed by B.C. Panday, Advocate-on-Record (absent)..

Category: Property Law | Date: | Hits: 67

Shafiqur Rahman and others Vs. Nurul Islam Chow­dhury and others, 1982, 11 CLC (AD)

....ontinued by the Laws (Continuance in Force) Order, 1958 after abrogation of the Constitution of 1956. Sub-article (2) provided that subject as aforesaid all Courts in existence immediately before the Proclamation shall continue being and, subject further to the provisions of this Order, in their pow......another, AIR 1973 SC 799. Lawyers Involved: Aminul Huq - For the Appellants. Ahmad Sobhan, Sr. Advocate, Fazlul Karim, Advocate with him instructed by Md. Aftab Hossain, Advocate on Record - for the respon­dents. K.A. Bakr, Attorney General. A.W. Bhuiyan, Additional Attorney General &am......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. ...... and others…………… Respondents Judgment December 14, 1982. Result: The appeal is dismissed. Case Referred to- Chand Agarwalla Vs. Shawi Base and another, AIR 1973 SC 799. Lawyers Involved: Aminul Huq - For the Appellants. Ahmad Sobhan, Sr. Advocate, Fazlul Karim, A..

Category: Others | Date: | Hits: 135