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....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.......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.......order of extension of detention was passed by the Government, the grounds of detention dated 26-8-96 could never he placed before the Government by the District Magistrate. It is a total absurdity of facts. As such we find no substance in the submissions of the learned Attorney-General.
12. In or..
Category: Criminal Law | Date: | Hits: 76
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.......of occurrence. PW 3 stated that when he found the accused giving fist blows to the informant, he caught hold of the accused and he pushed him aside and thereafter the accused left the office. So, the question of the accused leaving the office tactfully is not at all true. PW 4 stated that at the tim......l Appeal No.16(II)85 affirming the judgment and order of conviction and sentence passed by the learned Magistrate, 1st Class of the then Biswanath Upazila in CR Case No.69 of 1989. 2. The relevant facts are as follows: Md. Selim, an Assistant of Upazila Agriculture office lodged the First Info..Category: Criminal Law | Date: | Hits: 58
....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.
......t by the Gazette notification No.13543 dated 11th November, 1954 and that possession was made over to the requiring body Port Railway authority, that after bifurcation of Port and Railway the land in question was made over to the Port Trust on 1-7-1960 and since then the Port Authority was in posses......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
....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.
....... Abdus Sobhan, Advocate - For the Petitioners.
Md. Khurshid Alam Khan, Advocate - For the Opposite Parties.
Civil Revision No.686 of 1992.
Judgment
Gour Gopal Saha J.- This Rule calls in question the judgment and order dated 6-2-1992 passed by the learned Subordinate Judge, 2nd Court, P......Khan, the learned Advocate appearing for pre-emptee-opposite party No.1, on the other hand, submits that the learned Court below on proper and detailed consideration of the evidence on record and the facts and circumstances of the case have been perfectly justified in dismissing the pre-emption case..
Category: Property Law | Date: | Hits: 78
....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.......trine of estoppel or waiver has no manner of application in the present case. Now here in the whole spectrum of deliberations the learned Courts below appear to have addressed themselves to the vital question as to whether the mere unsubstantiated claim of the vested property authority at the instan...... receipts Ext. 2 series in favour of the plaintiff.
7. The learned Advocate appearing for the opposite parties finds it difficult to support the impugned judgments and frankly concedes that in the facts and circumstances of the case and the evidence on record the impugned judgments do not appear ..
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. ......ial and so it can be accepted. He submits that P.Ws. 1-4 by oral evidence proved marriage and their living together as the husband and wife. He also submits that there was marriage and so there was a question of divorce by the notice sent by the wife on 25-3-1981. He submits that the subsequent even.......2 never took any loan from the plaintiff and the 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..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....... Revision No.2337 of 1995. Judgment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff wife arising out of an application under section 115 of the Code of Civil Procedure calls in question the judgment and decree dated 18-4-95 passed by the Subordinate Judge, Sadar Noakhali, in F......eferred dower from the defendant-husband within two months failing which the plaintiff-petitioner for herself and for her child shall 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 Report..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. ......e petitioner that the petitioner is a loanee of the bank on the ground that his father took the loan and in the absence of such notice, the petitioner cannot be said to be defaulter. At any rate this question of fact ought to have been resolved by the Returning Officer or by the Thana Nirbahi Office...... himself has not taken the loan. Only by inheritance he may have to face the consequences. And that liability has to be settled before the operation of such law. Therefore, we are of the view, in the facts and circumstances of the case, the operation of section 7(2)(g) of the Ordinance does not appl..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....... Civil Appeal No. 45 of 1978. (From the Judgment and Order dated 4-2-77 passed by the High Court in Civil Revision Case No.718 of 1967.) Judgment Kemaluddin Hossain CJ.- In this appeal the question of competency of suit filed in the Civil Court, namely, Title Suit No. 174 of 1966 in the C......02 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 questions involved we do not feel that a detailed d..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.......ered its affairs to reduce the overall tax liability this would not entitle the Income Tax Officer to assess on the “anticipated commission”. It came to the conclusion that there could not be any question of accruing income and therefore, allowed the appeal and directed for exclusion of the comm......e to be taxed for the commission allowable to him. In this view of the matter the Income Tax Officer assessed the income from commission. 3. The Appellate Assistant Commissioner took notice of the facts that the commission had been waived for a period of five year as a gesture of good will. He to..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.......e petitioner is not also getting the legal aid from the learned Advocates of Mymensingh Bar as the influential informant party/parties are also creating pressure upon them. 7. In view of the above facts and circumstances and for the convenience and safety of the life of the petitioner, the petiti..Category: Criminal Law | Date: | Hits: 80
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. ...... 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. ......k in Criminal Misc. Case No.3260 of 2011 arising out of Kadamtoli P.S. Case No.33 (2)11 under section 302/34 of the Penal Code, pending in the Court of Metropolitan Magistrate, Dhaka. 2. Relevant facts necessary for disposal of this leave petition are that one Kohinoor Begum, as informant lodged..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. ......or leave to appeal is directed against the judgment and order dated 02.05.2004 passed by a Division Bench of the High Court Division in Writ Petition No.1591 of 2001 discharging the Rule. 2. Short facts are that the petitioner was appointed as temporary Nikah Registrar for No. 1 Charati Union und..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. ......st the judgment 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 b......bove Civil Petition No. 1499 of 2007 is directed against the judgment 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 bot..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....... 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 the Companies Act,...... Division could be brought. The remedy in a proper case is one for damages for wrongful dismissal. The decision of Bangladesh Small Industries Corporation Vs. Mahbub Hossain has no application to the facts of this case. The High Court erred in holding that the writ was maintainable. For reasons s..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. ......who did not make any contradictory statement in his cross-examination. 5. The learned Additional Sessions Judge did not place any reliance upon the obliging answers given by the witnesses to the question of the defence and relied on the statement made in the examination in chief in the Sessio......nesses made before the committing Court subject to the provisions of section 145 of the Evidence Act. It is contended that the provision of section 145 of the Evidence Act cannot be excluded in the facts of the case. Reliance was placed on the decision in the case of Alim Vs. State (1977) 29 DLR..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....suit was different from the subject-matter of the instant suit. But a Pleader Commissioner, who held a local investigation, submitted a report finding that the lands under both the suits are same and identical. 3. Both the trial Court and the lower Appellate Court concurrently found that the suit......6(A). Civil Appeal No. 20 of 1982. From the judgment and decree dated July 23, 1980 passed by the 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......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. ......r he himself is a litigant unable to discharge his duties of Chairman, the Union Parishad shall elect one of its Muslim Members as Chairman for the purpose of this Ordinance. 10. The pertinent question that has been raised in the judgment of the High Court Division whether there was any compe...... 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. ......fficer under section 34 of the Income Tax Act was barred by limitation; (2) whether the word 'person' includes 'firm' of the assessee. 5. A Division Bench of the High Court Division answered the questions in the affirmative and held that (1) the issuance of notice upon the assessee for re-asses......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)
....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.......the High Court Division erroneously held that though notice of the suit was not served the defendants otherwise got knowledge of the suit which was sufficient for maintaining the ex parte decree. The questions raised merit considerations." 8. Mr. M. G. Rabbani, learned Counsel, appearing for the ......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
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