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Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)

....e and went to the house of her father in the District of Rangpur taking with her two minor sons and has been living there. The plaintiff appellant is a registered Doctor and has been serving in the Government Mohammad Ali Hospital at bogra. After the divorce he has been sending money and clothes ......ustified such departure. The High Court Division further held that the welfare of the minors would be better protected in the custody of the mother as she did not take a second husband and she took service in a School where first son was admitted for proper education. Accordingly, the High Court ..

Category: Family Law | Date: | Hits: 161

Md. Akkas Ali Biswas and oth­ers Vs. Ashit Kumar Mojumder and oth­ers, 2005, 34 CLC (AD)

....tion No. 2472 of 1997 and the rule thus obtained was disposed of with the observation "as there is no existence of Rin Shalishi Board on and from 07.06.1992 the same has been abolished by the Government and all activities of the said Board has (sic) been stayed from the date" and there......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ..

Category: Procedural Law | Date: | Hits: 75

Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)

....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......y failed to prove his prima facie title to the suit land by any settlement, that three of the defendants having died and others having left the country before the filing of the suit, the purported service of notice upon them was a clear fraud, that the plaintiffs of the present suit who got shar..

Category: Property Law | Date: | Hits: 40

Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)

....est of Ahmadullah Dewanji from whom Golam Rahman and others inheri­ted it was annulled under section 37 of the Revenue Sales Act; (d) That the subsequent settlement (Jama-bandi) from the Government in favour of the defendants and others was per­fectly lawful and valid; (e) T......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..

Category: Property Law | Date: | Hits: 55

Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)

....for her removal from the office of the Mutwalli on the ground of her utter negligence in managing and looking after the affairs of the Waqf Estate since she was residing all along with her husband, a Government Officer, in different places of the then Pakistan including Karachi. In due course she re......e set aside and that of the Dis­trict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184...

Category: Procedural Law | Date: | Hits: 112

Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)

....ages rela­ting solely to land in other parts of the Presidency could be validly registered by the sub-registrar at Calcutta if the parties merely took the precaution to add, as a last parcel, Government House, Calcutta, or any similar item."  The Privy Council, therefore......rder of the High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ..

Category: Property Law | Date: | Hits: 36

State Vs. Md. Haroon, 1984, 13 CLC (AD)

....ortation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64; State Vs. Ashit Mallick; Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Government of East Pakistan, (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422. Lawyers Involved: M. M......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..

Category: Criminal Law | Date: | Hits: 64

Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)

....petition is dismissed. The Emergency (Land and Building) Requisition Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public purpose. Once a...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161...

Category: Property Law | Date: | Hits: 55

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)

....ee appeals arose but of the dispute of the firm named and styled ''M/R. Sikder" formed under a deed of partner­ship registered on September 1,1968 for the purpose of carrying on contract business of Government and Semi Government organiza­tions. The partnership is a family concern and the dispute ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..

Category: Constitutional Law | Date: | Hits: 149

Kalipada Saha Vs. State, 1985, 14 CLC (AD)

....nishable under this Ordinance, is a non-cognizable offence and no Court other than a Drug court shall try the offence punishable under this Ordinance.'' It was pointed out that the Government has constituted a Drug Court for Bangladesh with the Headquarter at Dhaka presided by a ......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 135. ..

Category: Criminal Law | Date: | Hits: 59

Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)

.... Appellant's Coun­sel before him. Reasonings in his judgment appeared to show that the appellant's Counsel contended before him that the respondent No.1’s rates were abnormally below the Government's estimated rates, and this also showed the possibility of corruption and dishonesty. Th......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 117. ..

Category: Others | Date: | Hits: 84

Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)

.... Ed. This Case is also Reported in: I ADC (2004) 371....... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...

Category: Property Law | Date: | Hits: 40

Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)

....e citizen, that the respondent Nos. 3-5 along with their members in the Parliament are boy­cotting the Sessions of the Parliament for fulfillment of the demand for bringing a bill for Caretaker Government by the Government and thus said act of the respondents and their members in the Parliame......e Constitution and they are performing their functions in con­nection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..

Category: Constitutional Law | Date: | Hits: 147

M/s. House Build­ing Finance Cor­poration Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)

....ellant claimed that under section 6 of the Income-tax Act, assess­ment would be made under three specific heads under three different sections, namely, (i) Income from "interest on Government securities" under section 8, (ii) Income from "business" under section 10......rofits and gains can­not properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may deter­mine."  ..

Category: Fiscal/Taxation Law | Date: | Hits: 102

Bangladesh Vs. Abul Kaiser Chow­dhury and others, 1984, 13 CLC (AD)

....46 of 1965 for declaration that the Go­vernment notification dated 21.1.63 showing final publications of the compensation Assessment Roll and vesting of the suit property namely, a hat, in the Government under the State Acquisition and Tenancy Act is invalid and ultra vires. 3. The sai...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 85. ..

Category: Trust/Waqf Law | Date: | Hits: 193

Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)

....shall also taken into ac­count." (ii) in sub-section (2), after the words "null and void" the words ''and the land so transferred shall be forfeited to the Provincial Government" shall inserted and (iii) after sub-section 2 so amended, the followi...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 71. ..

Category: Others | Date: | Hits: 86

Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)

.... finding to the effect that the petitioner has pur­chased the property by saf-kabala deed from the decree-holder who obtained saf-kabala deed through Court in an execution proceeding; that the Government did not file any appeal against the said judgment and decree. Therefore, the instant pro...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..

Category: Criminal Law | Date: | Hits: 64

Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)

....he developments of its local area, running Hospitals, Educational Institutions, Markets, Roads etc. to facili­tate the needs of people of its area. 3. The Public Works Department of the Government considering the necessity and expediency for the establishment of the Shishu Park over 8......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ..

Category: Civil Law | Date: | Hits: 113

Masud Miah & others Vs. Kishoregonj Zila Auto Tempo and Baby Taxi Malik Samity & others, 2007, 36 CLC (AD)

....ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 330. ......b­lic Highway from Kishoreganj District Head Quarter to different destinations of the District from 10.10.1994 having law­ful route permit; that the defendants start­ed running two other transport services namely "Maxi Car Service" and "Chini Service" on the same route; that District Regional Tra..

Category: Civil Law | Date: | Hits: 118

Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)

.... to the petitioner and other ex-employees as per the pension rule of respondent No. 2,Water Development Board. On 26.04.2004 the pension’s scheme rule of respondent No. 2 was approved by the Government of Bangladesh and it was duly published in the official gazette on 21.12.1995. The petit......ing pension benefit. In 1990 the independent River Research Institute (RRI) was established. The petitioner along with 176 officers and employees serving under respondent No.2 were absorbed in the service of newly established River Research Institute: The Respondent No.2, Water Development Board..

Category: Employment/Service Law | Date: | Hits: 92