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Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)

.... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ...... Judgment AM Mahmudur Rahman J.- In this Rule simple question calls for determination as to why the impugned order dated 7-1-92 passed by the learned Senior Assistant Judge, Narsingdi is valid in law or otherwise calls for interference by this Court. 2. The opposite party instituted TS No.159..

Category: Civil Law | Date: | Hits: 86

Rieta Rahman Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201.......erred to as detenu), son of Al-haj Akhtaruzzaman, now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner. 2. Petitioner before us Mrs. Rieta Rahman is the wife ..

Category: Criminal Law | Date: | Hits: 76

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. ...... application seeking review of its earlier order dated 23-3-1991 dismissing the appeal which was filed against the order of the Authorised Officer passed under section 4(1) of the Ordinance is bad in law and without jurisdiction. 8. Provisions of section 3 of the Ordinance as to serving of notic..

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. ......irmed the impugned judgment and order passed by the trial Court. 5. Mr. Adbdus Sobhan, the learned Advocate appearing for the pre-emptor-petitioners, submits that the learned Courts below erred in law in dismissing the pre-emption case on mis-reading and non-reading of the material evidence and t..

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....... case, the admission of appeal by the Sessions Judge-in-Charge was without jurisdiction and, as such, the appeal liable to be sent back to the Sessions Judge, Satkhira for disposal in accordance with law. In the result, the Rule is made absolute. The appeal is sent back to the Sessions Judge 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.......ded, inter alia, that the recorded tenant Lakshman Mondal left Bangladesh long ago and permanently settled in India as a result of which the suit property has become a vested property by operation of law. It was further contended that since the plaintiff himself took lease of the suit property from ..

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. ......circumstances no amount of oral evidence will cure the deficiency and no amount of oral evidence will be sufficient to prove the marriage when the plaintiff failed to prove the Kabinnama according to law. In such circumstances the marriage was not proved which is denied in the pleadings of the defen..

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.......fore, not necessary for the child to file a suit for maintenance himself or to become a co-plaintiff with his mother in the present suit. The appellate Court below therefore has committed an error of law affecting the merit of the decision by refusing to award maintenance for the child in the presen..

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. ......been resolved by the Returning Officer or by the Thana Nirbahi Officer. To participate in any election is a fundamental right of a citizen but to deny such right there must be some clear and specific law and a legal notice to the participant that his right of franchise was being curtailed for violat..

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.......re, proceed to consider the question set out earlier. The decision on the point involved requires brief survey of the provisions of the Waqf Ordinance. It was promulgated to consolidate and amend the law relating to the administration and manage­ment of the Waqf properties now in Bangla­desh, and ..

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.......m for commission but "this action is not for business consideration''. 4. The Income Tax Appellate Tribunal considered the assessee's grievance that the inclusion of the disputed amount was bad in law. The Appellate Tribunal noticed that the resolution was passed as early as on 15.7.59 before the..

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.......is compelled to file the petitions for transfer, but the learned Judges of the High Division upon taking extraneous view discharged the Rules and vacated the order of stay and thus committed error of law. The learned Advocate further submitted that the High Court Division failed to consider that the..

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. ....... বিমক/বেঃবিঃ/জি-১৫/৪৩১(২)/০৩/৬৬৮৯ dated 25.10.2009 issued under the signature of the Director, Private University Division to have been issued without lawful authority and also praying for direction upon the respondents to give approval to its outer c..

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. ......n could not be proved by independent witnesses and in spite of such materials, the learned Metropolitan Sessions Judge most illegally cancelled the bail of the petitioner without having regard to the law and the decision of the apex Court. 14. He next submitted that the High Court Division also c..

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. ......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. ......ent and Order dated 9-11-2006 of the High Court Division passed in Civil Revision No.3747 of 2002 making the Rule absolute. Since the facts of the above cases are more or less similar the question of law involved are also same and both the petitioners are heard together and disposed of by this judgm..

Category: Property Law | Date: | Hits: 76

New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)

....nance No.25 of 1976, it will be manifest, that the corporate character of the company under the Com­panies Act was never obliterated nor contemplated to be so. On the other hand, the sch­eme of the amending Ordinance clearly says that in order to facilitate transfer or sale of the nationalised ent......he jurisdiction. On the other hand, the Appellant contended that as Respondent No.1 even after nationalisation continued to be an employee of a private limited company he was governed by the ordinary law of Master and Servant and, therefore, his application under Article 102 of the Constitution is n..

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. ......e considered that the evidence had amply established the case against the accused and accordingly convicted the petitioners. 6. It was contended before the High Court that the trial Court erred in law in relying on the evidence that was given before the committing Court without complying with 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. ......High Court Division in Second Appeal No. 220 of 1966. Judgment Shahabuddin Ahmed J. - The question rai­sed in this appeal by special leave is whether the High Court Division is well founded in law in reversing, in a second appeal, the con­current decision of lower Appellate Court and the Tri..

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. ......espondent without previous permission in writing of the Arbitration Council contracted a second marriage with Marium Khatun on 17.8.75 and, without her consent, thereby committed an offence under the law. This case was registered as G.R. Case No. 11233 of 1975. Cognizance was taken by a Magistrate a..

Category: Family Law | Date: | Hits: 166