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Bulu and others Vs. State, 1992, 21 CLC (HCD)
....entioned. The learned Sessions Judge, however, acquitted the accused Hilly alias Ashraful Islam Monir (absconding) and Masud having found them not guilty to the charge. The death of Md. Sayeed is not disputed. The question is whether the death occurred at the place, time and in the manner as given o......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....tion. The appellant failed to suggest any circumstance in cross‑examination to entitle him to benefit of doubt. 11. In this case the death of victim Rahima Khatoon as a result of injuries is not disputed. P.W.3 Dr. Ashrafuzzaman who held the post‑mortern examination over the dead body of Rahi......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75...Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....t us now consider how far the natural justice clause that has been incorporated by the proviso of section 32 has been complied with, in issuing the impugned order for removing the mutwalli. It is not disputed before us by the respondents that the petitioner is appointed by the Waqif in the Waqf deed......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157
Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....the Petitioners. Not represented‑ the Opposite Parties. Civil Revision No.199 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule the petitioner was lessee under the Government of the disputed land which was treated by the Government as enemy property. 2. The petitioner obtained l......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ..Category: Property Law | Date: | Hits: 75
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....in which the High Court in writ jurisdiction cannot interfere. It was also held that the question of mala fide have to be proved and the High Court in writ jurisdiction will again not enter into such disputed fact of mala fide. In the instant case the petitioner was given the opportunity to show cau......in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ..Category: Others | Date: | Hits: 122
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....d and found pre‑emtpee purchaser petitioner cutting within half ripe paddy there from. On inquiry from pre‑emptee purchaser petitioner, opposite party No.1 came to learn that he had purchased the disputed land from opposite party No.2 long before to construct a house thereon. At this the petitio......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ..Category: Property Law | Date: | Hits: 72
....n and get up as mentioned in 'Kha' schedule of the plaint that he has been using the same since 1988. It does not appear from the written objection of the defendant‑appellant that he has been using disputed trade mark though unregistered since 1988 as claimed in his application for registration of......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
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Category: Intellectual Property Law | Date: | Hits: 224
....ncy Act. From this Annexure-C it appears that the said Yunus Mia while executing and registering this Annexure-C has not styled himself as a constituted Attorney of Mvi. Ibrahim Mia who purchased the disputed land. Nowhere in the Annexure-C he mentioned that he acted on behalf of Mvi Ibrahim Mia or ......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ..
Category: Property Law | Date: | Hits: 91
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....hese are mainly the posts of Assistant Judges, Subordinate Judges, Additional (District Judges) and these posts constitute the Bangladesh Civil Service Judicial). Neither Dr. Hossain nor Mr. Khan has disputed this fact. 17. It is also not disputed that the posts of Joint Secretary in the Ministry...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....icer. There is nothing to show that the Income Tax Officer was not aware of all the relevant facts when he determined the annual value of the house in question and completed the assessment. It is not disputed that the Sonali Estate Agents is a registered partnership firm having its office in the c......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56...Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
....terest has accrued otherwise than by purchase;” 4. The pre-emptees claim to be co-sharers by inheritance because they inherited the share, in the tenancy, of their father Afzal Miah. It is not disputed that Afzal Miah had become co-sharer in the tenancy by purchase from one of the three origi...... Division confirming the order 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: 35 DLR (AD) (1983) 54. ..Category: Property Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....ly to them. 10. So far as the first category is concerned, the applicability of the provisions relating to abatement as contained in clause (g) of the Proclamation to them has not been seriously disputed by the other learned Counsels who appeared and made their submissions. No serious controv......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....shall be made so to enhance an assessment or reduce a refund unless notice accordingly has been given to the assessee and he has been given a reasonable opportunity of being heard." 14. It is not disputed that assessment year in question ended on 31-3-57 which commenced from 1-4-56. Consequently......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
.... order dated 17-2-1999 of the subordinate, 5th Court at Dhaka rejecting its plaint in Title Suit No.30 of 1999 on a finding that the suit as framed was not maintainable. 2. The facts which are not disputed are that, deceased Rafiqul Islam insured his life for Taka 200000.00 with the appellant-com......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... 1961 and Article 66 of the Memorandum and Articles of Association of CCCI the petitioner cannot avail remedy in the court of law. 20. The Writ Petition is also not maintainable because of so many disputed questions of fact relating to notice, membership and signatures, which cannot be resolved w...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..Category: Others | Date: | Hits: 123
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....should be 11th July 1997. Therefore, it appears that the date of arrival of the ship at the discharge part, as alleged to have been agreed upon by the owners of the ship with the Charterer has become disputed. 27. The learned Senior Advocate Dr. M. Zahir argued that admittedly the ship loaded th......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....to do so. In the instant case, the plaintiff prayed only for declaration of his title in the suit land and did not ask for either joint possession or partition as a co-sharer of the defendants in the disputed land. Although the plaintiff’s possession was found in some portion of the suit property.......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 74
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....to presume that the death of Golapi was not a natural death. Now the moot question for determination is whether the accused respondent is responsible for the death of deceased Golapi. 9. It is not disputed that deceased Golapi was a maid servant of the accused-respondent and the victim Golapi die......on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617...Category: Criminal Law | Date: | Hits: 60
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ..Category: Property Law | Date: | Hits: 70
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