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....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)
.... a Court and that Judge is called the Sessions Judge. Under sub-section (3) of that section, the Government may also appoint Additional Sessions Judge and Assistant Sessions Judge. So, in view of the provisions of section 408 read with section 9 of the Code, it appears to me that an appeal cannot be...... 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
....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)
....accepted as documents of proof of marriage and the learned lower appellate Court due to misreading and mis-construction of the documents (Exhibits 1, 3 and 4) in proving the marriage according to the provisions of Evidence Act, the findings of marriage are illegal and the pleadings of the defendant ......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)
....Their arguments will be dealt with at their appropriate places. 5. We, therefore, 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 th......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)
....oval in Puna Electric Supply Company Vs. Commissioner of Income Tax (1965) 57 I.T.R. 521. The Supreme Court negatived the contention of the Revenue that such a surrender of the commission under the provisions mentioned in the agreement was not deductible for the purpose of income tax. It formula......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
....out in the writ petition, inter alia, was that it was established on 07.08.2003, vide Education Ministry's Memo No. সিম/শাঃ ১৪/৮ বেঃ বি-৭/২০০৩/৩৮০, through provisional approval of the Government. After proper enquiry and investigation, the writ-respondents....... 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)
.... otherwise legally terminated. 6. We are now to see what effect is made, on a Company when nationalised. It is to be remembered that nationalisation may assume diverse colours, and the legislative provision of each enactment is to be considered according to the actual enactment made therein. Th......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)
....victed 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 provisions of section 145 of the Evidence Act and reliance was placed on certain decisions which w......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)
....ion relates, by private sale, gift, will, mortgage, lease or any contract or agreement, or transfer any land in his khas possession by any such means. (2) Any transfer made in contravention of the provisions of sub-section (1) shall be null and void." By the amendment of 1957 the following pro......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 view of the changed circumstances when there was no Chairman of the Union Council the function could not be performed by the Chairman of Union Parishad unless the law was suitably amended and the provisions of sections 6 and 7 Ordinance have become nugatory. 4. Leave was granted to consider t......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
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....come Tax Act. The Commissioner of Taxes, Chittagong Zone, is the appellant in Civil Appeal No. 114 of 1981, wherein leave was granted to consider whether the High Court Division correctly interpreted provisions of sub-section 2(A) of section 34 of the Income Tax Act. The assessee is the appellant in......et aside the assessment on the ground that the Income Tax Officer had not given any reason for summary assessment and directed the Income Tax Officer to made fresh assessment in accordance with law. On the points of jurisdiction and limitation, the Appellate Assistant Commissioner, however, he..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....iction vested in him by law." This observation has been assailed by the learned Counsel for the appellants on the ground that the learned Judge of the High Court Division has totally misconceived the provision of Order IX, Rule 13 of the Code of Civil Procedure, which clearly lays down that once it ......nsel, appearing for the appellants argues that a Court is not competent to pass a decree ex parte against a defendant when it is found that summons was not properly served upon him in accordance with law. He submits that the trial Court found that summons upon the defendants had not been served prop..Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....nts moved the High Court Division under section 439 Cr.P.C. The learned Judge of the High Court Division who heard the matter held that the appellants' application under section 439 was barred by the provisions of section 439A of the Code of Criminal Procedure and therefore, discharged the rule. ...... be the Court of Record, and shall have, in respect of the territories for the time being included in the Province of East Bengal, all such original, appellate and other jurisdiction, as, under the law in force immediately before the appointed day was exercisable in respect of the said territory b..Category: Others | Date: | Hits: 135
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