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Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)

.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......ejecting the appellants' Writ Petition No.1997 of 1993. 2. The appellants' case, in brief, is that they are brother and sister. Their parents were married on 30.6.61 at Bogra. At the time of marriage their mother Syeda Begum was serving as an Inspector of Customs and Excise and their fathe..

Category: Property Law | Date: | Hits: 62

State Vs. MA Malik, 1995, 24 CLC (AD)

....dges noticed in the impugned judgment that on the date of filing the petition to the Deputy Commissioner she also instituted a suit in the Family Court, Sadar, Sylhet, Family Suit No.14 of 1993 for dissolution of the marriage. 4. The Deputy Commissioner sent the petition to the police stat......het town on 11.10.1991. The aforesaid lady filed a petition to the Deputy Commissioner, Sylhet on 28.2.1993 against the respondent and his relations alleging that it transpired shortly after their marriage that the respondent was a greedy man of loose moral character. At the instigation by other..

Category: Criminal Law | Date: | Hits: 64

Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)

....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......ge her modesty. In the morning of 7-8-87 the appellant put pressure on the respondent to marry her. The appellant took her to an office and went away on the plea of procuring necessary papers for the marriage, leaving her alone in that office. The respondent waited for him throughout the whole day i..

Category: Criminal Law | Date: | Hits: 85

Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)

....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ...... child to the house of the plaintiff to enable him and other members of his family to see the minor child. Thereafter defendant No.1 sent a notice to the plaintiff informing that she dissolved the marriage exercising her delegated power of divorce and to the same effect she also sent notice to t..

Category: Family Law | Date: | Hits: 162

Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)

....g for balance dower money of Taka 250.00 and maintenance at the rate of Taka 500.00 per month for 11 years 1 & 1/2 months which comes to Taka 66,750.00 in total Taka 67,000.00 and for a decree of dissolution of marriage. By judgment and decree dated 3 1.5.86, the trial Court decreed the suit for......ower money of Taka 250.00 and maintenance at the rate of Taka 500.00 per month for 11 years 1 & 1/2 months which comes to Taka 66,750.00 in total Taka 67,000.00 and for a decree of dissolution of marriage. By judgment and decree dated 3 1.5.86, the trial Court decreed the suit for Taka 30,287,50..

Category: Family Law | Date: | Hits: 198

Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)

....tions—Bangladesh Jatiyatabadi Chhatra Dal and Bangladesh Islami Chhatra Shibir filed written memorandums to the Council which was in session demanding expulsion of the main accused of the crime and dissolution of tin Chittagong Medical College Students’ Union. It was, among others, decided in th......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..

Category: Constitutional Law | Date: | Hits: 169

Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)

....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......rst schedule to the plaint originally belonged to one Dagu Miah whose grave still exists in the graveyard. Dagu Miah had 2 sons Ashraf Ali and Syed Aulad Ali and a daughter Manira Banu was given in marriage to Syed Wahed Ali, father of Syed Idris Ali. Manira Banu predeceased her father Dagu Miah..

Category: Property Law | Date: | Hits: 59

Golam Kader Vs. State, 1972, 1 CLC (HCD)

....on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ...... civil nature. The learned Sessions Judge further observed: "As Sharifunnessa was admittedly married to the complainant Abul Hossain, she continues to be his wife until the said marriage is terminated. The criminal Court has no jurisdiction to make a positive finding that the..

Category: Criminal Law | Date: | Hits: 59

Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)

....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......before the occurrence and she carried on her illicit connection with accused Soley alias Soleman. Her mother accused Tami/a Khatun also, in spite of compromise, did not like the subsistence of the marriage between accused Amina and her husband. 3. The prosecution also alleges that in the ..

Category: Criminal Law | Date: | Hits: 76

State Vs. Abdur Rashid, 1972, 1 CLC (AD)

....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ...... by the defence stands   disproved by an   important (admission made by DW 1, the father of the accused, to the effect: "The accused Abdur Rashid was given in marriage with the daughter of Abdul Ali of Daribhankandi which is 4 or 5 'pathis1 away from my hou..

Category: Criminal Law | Date: | Hits: 154

Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)

....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......n her alleged statement before the Magistrate she (giving her present name as Umme Salma) stated that she had an affair with accused Salam from 3/4 years before, that her father wanted to give her in marriage elsewhere, that on March 4 last she sneaked out from her school and went to Chittagong with..

Category: Criminal Law | Date: | Hits: 71

Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)

.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......iving together as husband and wife by swearing an affidavit dated 18-2-90 at a time when the minor sons of his brother were under the custody of the complainant. Appellant No. 1 suppressing the re-marriage filed OC Suit No. 5 of 1991 before the Upazila Court, Sonargaon impleading an unknown per..

Category: Criminal Law | Date: | Hits: 69

Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)

....has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......section 4 of Act, 1974 the second proviso was added on 1-12-1982 by way of amendment and the section now runs as follows “4. Nikah Registrars.—For the purpose of Registration of marriages under this Act, the Government shall grant licences to such number, of persons, to be cal..

Category: Employment/Service Law | Date: | Hits: 69

State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)

....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ......nd a dispute over the purchase of a house and the Bichra.” It was also the understanding of the High Court Division that the second motive (not object) of the prosecution was over the second marriage of Ahad, brother of PW 1, who married the sister of accused-respondent No. 3 Tenu. Then th..

Category: Criminal Law | Date: | Hits: 80

Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)

....the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......that the present wife, namely, the plaintiff was sick and incapable of performing conjugal relationship. The learned Judges observed that section 6 of the Ordinance prohibits contracting of a second marriage during the subsistence of an existing marriage without the previous permission of the Arb..

Category: Family Law | Date: | Hits: 158

Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)

...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......ew Dilip Kumar Dey, the son of his widowed full sister. He claimed possession in the entire suit land through bargaders as its real owner. His further case is that, at the time of solemnisation of marriage ceremony of his daughter he sold some land out of the schedule property and his younger br..

Category: Property Law | Date: | Hits: 75

Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....be entitled to draw the Government allowances as an English Teacher. 3. Present respondent No. 8, the Assistant Headmaster of the said High School, in his aforesaid writ petition stated that after dissolution of the regular Managing Committee of the aforesaid school as Ad-hoc Committee was formed...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..

Category: Constitutional Law | Date: | Hits: 163

Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)

.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......lands by the plaintiff in the benami of defendant No. 1 had not been substantiated. It was against the normal human conduct that the father would buy land in the name of his daughter even after her marriage: The plaintiff failed to lead any reliable evidence to prove that he paid the consideratio..

Category: Procedural Law | Date: | Hits: 140

Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)

..... in connection with the said Trade Organization. Upon a report submitted thereto the Deputy Commissioner on 18-4-94 recommended to the Ministry of Commerce for appointment of an Administrator and dissolution of the Executive Committee of the said Trade Organisation. On 20-12-94 the present comm...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ..

Category: Procedural Law | Date: | Hits: 122

Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)

....d above, we do not find any illegality in the impugned judgment.  The petition is dismissed.  Ed.  This Case is also Reported in: 50 DLR (AD) (1998) 171. ......amely, to clear her old debts, to go to Nabadwip in India, to give a grand feast according to Hindu Law for the salvation of the departed soul of her husband and sons and to meet expenditure of the marriage ceremony of her daughter plaintiff No.4.  4. Both the trial Court and the lo..

Category: Property Law | Date: | Hits: 61