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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. ...... or even before the lower appellate court, the plaintiff got no opportunity to adduce evidence whether the transfer was made with the required permission. The High Court Division therefore sent the case on remand for determination of this question only. But the plaintiff feeling aggrieved moved ..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. ......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 and the lea..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. ......r. Hussain, submits that the impugned notice was issued on 16-2-62 and the original assessment was made on 22-7-50. The period of 8 years mentioned in the unamended provision of section 34(1), in the case of the assessee, expired on 31-3-59 and as such the Income Tax Officer was not competent to iss..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.......ivision in Civil Revision No. 1131 of 1974, setting aside the judgment and order dated 7-9-74 passed by the Munsif, Additional Court, Kishoreganj, in Miscellaneous Case No. 48 of 1974, allowing the case under Order IX Rule 13 of the Code of Civil Procedure. 2. Abdul Gani, the predecessor-in-int..Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......azle Munim CJ.- This appeal arises 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. ..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......n in some portion of the land in suit, described in Schedule 'A' to the plaint and for recovery of possession of the remaining land as described in Schedule 'B' to the plaint. 2. The appellants’ case in the suit was that the disputed lands were thrown up in the bed of the river Jhurjhuria as ch..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......of action and Title Suit No.3 of 1972 was thereafter filed on 24.1.72 in the Court of the Subordinate Judge of Patuakhali in pursuance of the aforesaid permission. 3. According to the plaintiffs case, as made out in the plaint, the disputed lands appertained to the Estate of Bishweshwar Roy Cho..Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....e is remanded back to the Tribunal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191.......965) 444 wherein it was held: "but in a system of secret ballot it is impossible to find who voted for whom. The situation is therefore incapable of being resolved in a rough and ready manner. The case would have been different if the successful candidate has won by a bigger margin for he would..Category: Election Law | Date: | Hits: 163
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ...... Rahman Chowdhury and others, (1979) 31 DLR (AD) 133; 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..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......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 issuance of the Rule, all further proceedings of the case were stayed for a limited period, which subsequently has been extended from time to time. 3...Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......shed, so far it relates to the accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all further of proceedings of the aforesaid case were stayed. 3. The facts relevant for the purpose of disposal of the Rule are that Mr. Moza..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......7 dated 25-11-2001 registered with Feni Sadar Sub-registry Office executed by the defendant No.2 in favour of the defendant No.1 is illegal, collusive, void, inoperative and not binding upon him. The case was subsequently transferred to the Court of Assistant Judge. Parshuram, Feni and re-numbered a..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......008 under section 138 of the Negotiable Instruments Act, 1881, arising out of CR Case No.1 309 of 2007, now pending before the Court of Joint Metropolitan Sessions Judge, Court No.5, Dhaka. 2. The case of the complainant-opposite party No.1, in short, is that the complainant has filed a petition ..Category: Criminal Law | Date: | Hits: 86
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......Case No.51 of 1998 arising out of Porsha Police Station Case No.1 dated 11-12-1994 and, as such, these appeals are being heard and are being disposed of by this single Judgment. 3. The prosecution case, in short, is that, on 10-12-1994 the informant Md. Moslem Uddin (Officer-in-Charge Saraigachhi..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ny of the evidence of prosecution witnesses, it appears to us that the prosecution evidence are full of discrepancies and inconsistencies and these evidence are unworthy of credit which strike at the root of the prosecution case and have made the prosecution case doubtful. 47. The learned trial C......first information report on 11-5-1992 with Pabna Police Station being No.9(5)92 under sections 364/342/325/302/34 of the Penal Code against the accused appellants and 16 others. 3. The prosecution case, in brief, is that on 10-5-1992 night following Sunday informant's son Nazrul Islam, Helal, son..Category: Criminal Law | Date: | Hits: 66
.... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
......stitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondent to show cause as to why the inaction of the respondents to arrange sufficient rescue equipments in case of disaster caused by earthquake should not be declared to be illegal and without lawful author..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66....... execute and register the sale deed, to which, defendant Nos.2 to 4 and Kazi Golam Hussain executed a security bond on 18-3-1992 admitting the agreement for sale dated 19-3-1990. It is further plaint case that Kazi Golam Hossain, Chairman of defendant No.1 and predecessor of defendant Nos.2 to 4 h..Category: Property Law | Date: | Hits: 78
....udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......process and its validity and that whether the Artha Rin Adalat had any jurisdiction to issue any process against the property now possessed by the petitioners. Mr. Nazrul Islam has referred to us the case of Bangladesh represented by the Secretary, Ministry of Public Works and Urban Development Vs. ..
Category: Property Law | Date: | Hits: 173
Hanif Shaikh (Md) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ......lisher has been found to be a lunatic or of unsound mind by a Court of law and (d) if a publisher ceased to have financial resource required for regularly publishing the newspaper, but in the instant case neither in the show cause notices any of such allegation has been made nor there was any occasi..Category: Information Technology Law | Date: | Hits: 282
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......ed by the Additional District Judge, Court No. 2, Jessore in Miscellaneous Judicial Case No. 23 of 1990 should not be declared to have been passed without any lawful authority. 2. The petitioner's case, in short, is that one Mosammat Nurjahan Begum mother and predecessor of the petitioner, filed ..Category: Trust/Waqf Law | Date: | Hits: 153
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