Judgment search - Chancery Law Chronicles

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

....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...... 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 Officer cancelled the nomination paper on 5-11-97 on the pound......da, District Rajbari. The Returning Officer cancelled the nomination paper on 5-11-97 on the pound that he is a defaulter. On an appeal the Thana Nirbahi Officer dismissed the appeal and affirmed the order of the Returning Officer canceling the nomination paper. 2. It appears from the order dated..

Category: Election Law | Date: | Hits: 153

Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)

....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 ......R (AD) (1979) 249.......rieved. The expression "any person aggrieved" has been interpreted as "any person interested in the Waqf" and so held that the plaintiff not being a person interested in the waqf was not bound by the order of the Administrator and hence his suit as a whole was competent. Mr. Ahmedur Rahman Khan, lea..

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

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

....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......mp; Co. Ltd. Vs. Commissioner of Income Tax, (1960) 39 I.T.R. 706; Puna Electric Supply Company Vs. Commissioner of Income Tax, (1965) 57 I.T.R. 521; Commissioner of Income Tax Vs. Shuroji Ballav Das and Company, (1962) 46. I.T.R. 144; Commissioner of Income Tax Vs. Chamanlal Mangaldas Co., (1956)......). Syed Mozaffar Hossain, Advocate, instructed by H. R. Khan Advocate-on-Record- For the Respondent (In all the appeals). Civil Appeal Nos. 67, 68 & 69 of 1978. (From the judgment and order dated 16-8-76 passed by the High Court in Applications No.17, 18 & 19 of 1971) Judgment..

Category: Fiscal/Taxation Law | Date: | Hits: 124

Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)

....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......ses) Momtaz Uddin Fakir, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In all cases) Criminal Petition For Leave To Appeal Nos. 257, 258 and 259 of 2011. (From the judgment and order dated 07.04.2011 passed by the High Court Division ......orney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In all cases) Criminal Petition For Leave To Appeal Nos. 257, 258 and 259 of 2011. (From the judgment and order dated 07.04.2011 passed by the High Court Division in Criminal Miscellaneous Case Nos.5687, 56..

Category: Criminal Law | Date: | Hits: 80

University Grants Commission and another Vs. University of Information Technology and Science and another, 2012, 41 CLC (AD)

..... 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......ammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun 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 Technolo...... instructed by Md. Zainul Abedin, Advocate-on-Record- For Respondent No.1. None represented-For Respondent No.2-3. Civil Petition for Leave to Appeal No.1923 of 2011. (From the judgment and order dated the 10th day of May, 2011 passed by the High Court Division in Writ Petition No.7378 of ..

Category: Others | Date: | Hits: 197

Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)

....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...... necessary for disposal of this leave petition are that one Kohinoor Begum, as informant lodged first Information Report with Kadamtoli P.S. alleging inter alia, that the informant lives with her husband, son and daughter. Her husband was involved in social and political activities. On 23.02.2011 th......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 Division in Criminal Revision No.953 of 2011) Jud..

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. ...... 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................................Respondents Judgment......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 High Court Division in Writ Petition No.1591 of 2001.) Judgm..

Category: Civil Law | Date: | Hits: 87

Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)

....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...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohamaya Rani Saha....................................Petitioner Vs. Dr. Ashequr Rahman Khan and others..............Respondents Judgment November 9, 2008. Result: All the petitions......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. ..

Category: Property Law | Date: | Hits: 76

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

....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...... Khan, Advocate, (absent) - For the Respondent No.1. K.A. Bakr, Attorney-General, instructed by S.S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.44 of 1978. (From the Judgment and Order dated 25.3.77 passed by the High Court in Writ petition No.205 of 1974). Judgment Ke......y incorporated under the Companies Act, which has been nationalised under the President's Order No.27 of 1972, if dismissed after the Order of nationalisation was passed can challenge the dismissal order in the Writ jurisdiction of the High Court Division. 2. Facts for disposal of the question..

Category: Employment/Service Law | Date: | Hits: 104

Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)

....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......9 SC M.R. 837. Lawyers Involved: Aleem-al-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Record - For the Appellants. B. B. Roy Chowdhury, Asstt. Attorney-General, instructed by B.C. Panday, Advocate-on-Record - For the Respondent. Criminal Appeal No.3 of 1978. (From the judgme......d - For the Appellants. B. B. Roy Chowdhury, Asstt. Attorney-General, instructed by B.C. Panday, Advocate-on-Record - For the Respondent. Criminal Appeal No.3 of 1978. (From the judgment and order dated 18.4.77 passed by the High Court in Criminal Appeal No.107 of 1976). Judgment Badr..

Category: Criminal Law | Date: | Hits: 107

Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)

....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......4. ...... 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 Trial Court and ordering remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas pos..

Category: Property Law | Date: | Hits: 58

Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)

....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......th her) instructed by Md. Aftab Hossain, Advocate-on-Record - For the appellant. Md. Wahidullah, Advocate-on-Record - For the respondent. Criminal Appeal No. 1 of 1982. From the judgment and order dated 10.3.81 passed by the High Court Division in Criminal Revision Case No. 369 of 1979.......er) instructed by Md. Aftab Hossain, Advocate-on-Record - For the appellant. Md. Wahidullah, Advocate-on-Record - For the respondent. Criminal Appeal No. 1 of 1982. From the judgment and order dated 10.3.81 passed by the High Court Division in Criminal Revision Case No. 369 of 1979. ..

Category: Family Law | Date: | Hits: 166

Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)

....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......ul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Commissioner of Taxes, Chittagong Zone ……………… Appellant (In Civil Appeal No. 114 of 1981) Vs. M/S. M. Ismail and Sons……………………………… Respondent and M/S. M. Ismail and Sons………�......n of proceedings u/s 34 of the Act was valid and not barred by limitation. The assessee preferred a second appeal before the Income Tax Appellate Tribunal, which allowed the appeal and annulled the order of re-assessment on the findings that (i) prior to 1963, the definition of 'person' did not in..

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

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

....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......3) 162.......ment and Order dated 6.11.80 passed by the High Court Division in Civil Revision No. 1131 of 1974.) Judgment Chowdhury ATM Masud J. - This appeal by special leave arises out of the judgment and order dated 6-11-80 passed by a Single Judge of the High Court Division in Civil Revision No. 1131 o..

Category: Property Law | Date: | Hits: 67

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

.... 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...... Appellate Division (Civil Appellate Jurisdiction) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Shafiqur Rahman and others…………………………Appellants Vs. Nurul Islam Chowdhury and others…�......from the judgment of a Single Judge of the High Court Division passed in Criminal Revision No. 40 of 1980 on April 2, 1981. 2. In the aforesaid criminal revision case the appellants challenged the order of the Additional Sessions Judge-II in-charge, Chittagong. Facts stated by the appellants are ..

Category: Others | Date: | Hits: 135

Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)

....m of settlement of Schedule A had failed and also because of the provisions of Presidents' Order No.137 of 1972 under which the right of accretion granted to the private individuals under the general law was purported to have been taken away. It having been argued before the High Court Division that......appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......id char lands, that Appellant No.1 having applied for settlement of the land on behalf of all the appellants, the Khas Mahal Officer proposed to settle the disputed lands permanently with them by his order dated 8-7-53, which was duly approved by the Collector of Khulna and subsequently also by the ..

Category: Property Law | Date: | Hits: 75

Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)

....reciate that the right to reformation in situ and the right of accretion are two distinct rights of different nature and it will be appropriate for the said purpose to follow the development of the law relating to the said two rights in the light of their legislative history. 13. There has be......igh Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......This appeal is against a judgment of a Bench of the High Court Division, discharging a Rule issued on an application made by the appellants under Section 115 of the Code of Civil Procedure against an order of the Subordinate Judge, Patuakhali, recording abatement of a suit, instituted by the appella..

Category: Property Law | Date: | Hits: 133

Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)

....en materially affected" and therefore, directed the re-election. This view of the Tribunal was upheld by the High Court Division on the ground that to do otherwise is to violate the sanction of law for maintaining secrecy of the voting in election and cited a decision reported in 17 DLR (196......owed. Cases Referred To- 17 DLR (1965) 444; Niaz Ahmed Vs. Azizuddin, (1967) 19 DLR (SC) 388=PLD 1967 (SC) 466. Lawyers Involved: Ahmed Sobhan, Senior Advocate, with Nurul Islam Chowdhury and M. Fazlul Karim, Advocates, instructed by Aminul Huq, Advocate-on-Record - For the Appellant. ...... Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the respondent No.2. Not represented - Respondent No.1. Civil Appeal No.156 of 1978. (From the judgment and order dated 11.7.78 passed by the High Court Division in Writ Petition No.806 of 1977.) Judgment ..

Category: Election Law | Date: | Hits: 163

Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)

....f plaintiffs’ easement right. The finding of the High Court Division that the nature and character of the suit would be changed by the amendment without elaboration of its finding cannot sustain in law. Amendment is always necessary to determine the real question of controversy between the parties......on (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Akram Ali Pk. and others……………….....Petitioners Vs. Md. Yasin Ali and others...........................3; Charan Das Vs. Amir Khan, A.I.R. 1921 P.C.50; Keramat Ali Vs. Muhammad Younus Haji P.L.D. 1963(S.C.) 191=15 DLR (SC) 120; Md. Zahoor Ali Khan’s case 11 M.L.A. 468. Result: The judgment and order passed by the High Court Division affirming the judgment and order passed by the learned Distr..

Category: Procedural Law | Date: | Hits: 100

M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)

.... general members of The Metropolitan Christian Cooperative Housing society Ltd. (shortly the Society). He submits that the accused petitioners transferred the land according to the constitution and bylaws of the Society and approved by the Registrar of Cooperative Society. He referring to sections 8......3 of 2007 arising out of CR (Petition Case) No.1080 of 2007 under sections 406/408/409/420/34 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other order or further order or orders as to this Court may seem fit and proper. ......f CR (Petition Case) No.1080 of 2007 under sections 406/408/409/420/34 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. At the time of issu..

Category: Criminal Law | Date: | Hits: 86

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