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Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)

.... DLR (2005) 39. ......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ...... Ali J.- On an application by the petitioner under section 115(1) of the Code of Civil Procedure a Rule was issued calling upon opposite party No. 1 to show cause as to why the Mentioned judgment and order dated 11‑3‑1989 passed by the learned Subordinate Judge, Nawabganj in Miscellaneous Appeal......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..

Category: Property Law | Date: | Hits: 79

Azam Reza Vs. State, 2004, 33 CLC (HCD)

....0 PM. She then went to sleep without having any food and awoke up at 1‑30 AM and started hot talks with him, at one stage she hit him and his 2½ years old child, at that time she was shouting. He had to leave their 2½ years old child to the care of the maid and slept in a different room locking ......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......sections 302 and 201 of the Penal Code. The petitioner made prayer for bail and lastly, his prayer for bail was rejected by the learned Additional Metropolitan Sessions Judge, 3rd Court, Dhaka by his order dated 30‑3‑2004 passed in Metropolitan Criminal Miscellaneous Case No.440 of 2004. Thereaf......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ..

Category: Criminal Law | Date: | Hits: 96

Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others Vs. Managing Committee, Khashmahal Balurchar High School and others, 2003, 32 CLC (HCD)

...., Dhaka and others..............Petitioner Vs. Managing Committee, Khashmahal Balurchar High School and others……....Opposite Parties Judgment April 8, 2003. Result: The Rule is made absolute. Cases Referred to- Chairman Dhaka and Board of Intermediate and Secondary Educat......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed. The plaint of title Suit No.12 of 2002 is hereby rejected. Ed. This Case is also Reported in: 57 DLR (2005) 34. ...... Advocates-For the Opposite Parties. Civil Revision No. 4430 of 2002. Judgment MA Wahhab Miah J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 8‑6‑2002 passed by the Senior Assistant Judge, Sirajdikhan, Munshigonj in Title Suit......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed. The plaint of title Suit No.12 of 2002 is hereby rejected. Ed. This Case is also Reported in: 57 DLR (2005) 34. ..

Category: Procedural Law | Date: | Hits: 72

One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)

.... Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. 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 One Bank Limited…………................Petitioner (In......a­tion under Order XXXVIII Rule 5 of the Code of Civil Procedure for attachment before judgment. On that application show cause notices were issued upon the defendants, and pending hearing, by an ad-interim order within order No.1dated 23.01.2008, the said land was attached. The writ petitioner cha...... Petition No. 620 of 2011). Not represented-For the respondents (In Civil Petition No. 1428 of 2011). Civil Petition for Leave to Appeal Nos. 620 & 1428 of 2011. (From the judgment and order dated 19th January, 2011 passed by the High Court Division in Writ Petition No.1376 of 2009) ......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...

Category: Civil Law | Date: | Hits: 59

Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)

....Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ...... Md. Nurul Amin, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent No. 2. Civil Appeal No. 260 of 2003. (From the judgment and order dated 10.7.2000 passed by the High Court Division in Civil Revision No. 414 of 1999.) Judgm......fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..

Category: Civil Law | Date: | Hits: 55

Roy Mohan Dey Vs. Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others, 2011, 40 CLC (AD)

....: VIII ADC (2011) 921. ...... and decisions of the High Court Division and in the circum­stances this appeal be dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ......hbub Ali, Advocate instructed by Chowdhury Md. Zahangir Advocate-on-Record-For Respondent Nos.1 (a)-1(g) Not represented-Respondent No.2. Civil Appeal No. 105 of 2004. (From the judgment and order dated 18.12.2002 passed by the High Court Division in Civil Revision No.3847 of 1996.) Judg...... and decisions of the High Court Division and in the circum­stances this appeal be dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ..

Category: Property Law | Date: | Hits: 49

Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)

....Case is also Reported in: ......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ...... Lawyers Involved: Md. Helaluddin Mollah, Advocate - For the Petitioners. Md. Shohrowardi, Deputy Attorney General - For Respondent. Jail Petition No. 17 of 2008 (From the judgment and order dated 20th April, 2008 passed by the High Court Division in Death Reference No.85 of 2004 with......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68

Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)

....Case is also Reported in: ......statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......anted. Lawyers Involved: A. B. M. Bayzid, Advocate - For the Petitioners. Md. Shohrowardi, Deputy Attorney General - For Respondent. Jail Petition No. 12 of 2008 (From the judgment and order dated 24th March, 2008 passed by the High Court Division in Death Reference No.111 of 2004 wit......statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 77

Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)

....Supreme Court Appellate Division (Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Almgir Hossain.............. Petitioner (In Criminal Petition No. 348 of 2009) ......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ......ocate on Record - For the Petitioner (In both the cases). No one - For Respondents (In both the cases). Criminal Petition for Leave to Appeal Nos. 348 and 349 of 2009. (From the judgment and order dated 20th January, 2009 passed by the High Court Division in Death Reference No.39 of 2005; C......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 70

Pulin Mahajan Vs. State, 2011, 40 CLC (AD)

....2. The appeal arose out of the following facts: Khiroda Bala Mahajan, mother of the appellant was said to have been assassinated on 17th August, 1987 at about 4.30 p.m. and over the said incident, Haradhan Mahajan (P.W.1), brother of the appellant, lodged an FIR with the Rawjan Police Station on the......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......the Appellant. Momtazuddin Fakir, Additional Attorney General, instructed by Giasuddin Ahmed, Advocate on Record - For the Respondent. Criminal Appeal No. 21 of 2010. (From the judgment and order dated 2.2.2009 passed by the High Court Division in Criminal Appeal No.588 of 1989.) Judgme......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..

Category: Criminal Law | Date: | Hits: 81

Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)

....pal Saha J Nurul Hossain Khan (Md.)……………Defendant Petitioner Vs. Salenoor Begum………………Plaintiff Opposite Party Judgment June 26, 1997. Result: The Rule is made absolute. Case Referred to- Abdul Malek Miah Vs. Maya Debi and others, 1984 BCR (AD) 42. ......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ...... the learned Assistant Judge failed to discuss and consider the evidence of any of the witnesses examined by the contending parties. The learned Assistant Judge based his impugned decision on Ext 3—order passed in Misc. Case Nos.7 of 1992 and 4 of 1992 by the Rent Controller, Rajshahi and on no ot......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ..

Category: Property Law | Date: | Hits: 64

Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)

....(1998) 29. ......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......nter alia, that the plaint does not disclose any cause of action and that the plaintiff has no locus standi to file the suit. 4. The learned Senior Assistant Judge, Sadar Dinajpur, by the impugned order dated 1-7-87 allowed the application of the defendant-petitioner under Order 7 rule 11 CPC and......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..

Category: Property Law | Date: | Hits: 62

Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)

....d 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......or default; (d) deductions for house-accommodation supplied by the employer; (e) deductions for such amenities and services supplied by the employer as the Government may, by general or special order, authorise; Explanation.— The word “services” in this sub-clause does not include the....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ..

Category: Labour and Industrial Law | Date: | Hits: 255

Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)

....her and others………Petitioners Vs. Hasina Begum and another…………….Opposite Parties Judgment August 19, 1997. Result: The Rule is discharged. Cases Referred to- Amjad Hossain and others Vs. State and another, 16 BLD 111; Kashem Ali Vs. State & ors, 9 BLD (AD) ......and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ...... Criminal Miscellaneous Case No. 4838 of 1996. Judgment Mahmudul Amin Choudhury J.- This Rule was issued calling upon the Deputy Commissioner, Feni and opposite party No.1 to show cause why the order dated 2-3-1996 passed by the learned Additional Sessions Judge, Feni in Criminal Revision No.1......and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ..

Category: Criminal Law | Date: | Hits: 83

State Vs. Abul Hashem, 1997, 26 CLC (HCD)

....ismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......at a place between Gouripur and Mymensingh on 6-7-1991 at about 4-15 AM. Accused No. 5 was tried in absentia. Other accused faced trial and pleaded not guilty to the charge. 2. By the judgment and order dated 23-10-92 learned Sessions Judge convicted all the five accused under section 396 of the ...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ..

Category: Criminal Law | Date: | Hits: 66

Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)

.... lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15....... the petition and other materials on record submitted that Arbitrator appointed under the provisions of the Co-operative Societies Ordinance, 1984 is not a Court and, as such, has no power to pass ad-interim order of stay or injunction and, as such, the impugned order is wholly illegal and without j......adul Hoque J.- This Rule was issued at the instance of the petitioner Md. Giasuddin, Chairman, the Eastern Co-operative Jute Society Ltd. calling upon the respondents to show cause as to why impugned order dated 22-3-92 passed by the respondent No. 3 Joint Registrar (Credit) of Co-operative Societie......order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15...

Category: Alternative Dispute Resolution | Date: | Hits: 156

Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)

....etitioner Vs. Abdul Motalib and others…………………………Respondents Judgment July 6, 1993. Result: The Rule is discharged. Cases Referred to- Md. Shajahan Vs. Md. Sadeq & another, 38 DLR (AD) 275; PLD 1963 (SC) 704; R. Vs. Nat Bell Liquors Ltd, (1922) 2AC 128;......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......4097 of 1992. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against an order being Order No.24 dated 26.10.92 passed by Senior Assistant Judge and Election Tribunal, Sadar......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..

Category: Election Law | Date: | Hits: 188

Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)

.... at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......l Revision No. 269 of 1990. Judgment Muhammad Ansar Ali J.- This Rule arises out of an application under sec­tion 115(1) of the Code of Civil Procedure and is directed against the judgment and order dated 14.9.89 passed by the Subordinate Judge, Chandpur, in Miscellaneous Appeal No.3 of 1989 ......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..

Category: Property Law | Date: | Hits: 47

Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)

....etitioner Vs. Dr. Islamuddin…………………..Opposite Party Judgment August 27, 1992. Result: The Rule is discharged. Cases Referred to- Mohori Bibi and another and Dhurmadas Ghose, Indian Appeals Vol. 30 page 115; Jasimuddin Khan Vs. Md. Ali Ashraf, 42 DLR (AD) 289. ......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......uire Badarganj property from meagre income derived from salary. Plaintiff was then minor and in support he filed certificate of Matriculation Exbt.1 which shows his date of birth to be 22.1.35 and in order to contradict this evidence defendant produced a certified copy of Abadpur High School in Indi......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ..

Category: Property Law | Date: | Hits: 74

AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....m and her six children in equal share by his wife and the Deputy Commissioner of Taxes without considering the deed of gift included the entire income from the house property in his total income and made assessment thereon illegally. The Appellate Joint Commissioner of Taxes found that the transfer ......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......lication under section 160(1) of the Income Tax Ordinance, 1984 is at the instance of assessee. In this application the assessee has formulated the following questions said two have arisen out of the order of the Appellate Tribunal for our decision; “1. Whether on the facts and in the circumsta......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..

Category: Fiscal/Taxation Law | Date: | Hits: 110