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Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....nd to pay fine of Tk. 1000.00 in default to suffer rigorous imprisonment for one month more should not declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petition that the petitioner is a businessman and was tried in absentia along with 2 o......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220...

Category: Criminal Law | Date: | Hits: 63

Rieta Rahman Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....urt so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner. 2. Petitioner before us Mrs. Rieta Rahman is the wife of the detenu. It is stated in the application that the detenu is a high ranking Government servant holding the post of D......release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201...

Category: Criminal Law | Date: | Hits: 76

Bashir Kha Vs. State, 1998, 27 CLC (HCD)

....iction passed by the learned trial Court was upheld. Being aggrieved, the convict-appellant preferred the present application under section 439 of the Code of Criminal Procedure. In the grounds it is stated that charge framed was totally defective and the accused was highly prejudiced. It is also st......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199...

Category: Criminal Law | Date: | Hits: 58

Habibur Rahman alias Md. Habibur Rahman and another Vs. Mobarak Ali Rari and others, 1997, 26 CLC (HCD)

....pect of the question of their knowledge of the impugned kabala are P.W.2 Golam Mustafa and P.W.3 Abdul Karim. The learned trial Court found that in the pre-emption application the petitioners clearly stated that 4 persons were present when for the first time they came to learn about the impugned kab......on case fails and the Rule is discharged without any order as to costs. Send down the LC records, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193. ..

Category: Property Law | Date: | Hits: 78

Ibrahim Khalil Vs. State, 1998, 27 CLC (HCD)

....he Sessions Judge for disposal in accordance with law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192.......he Sessions Judge for disposal in accordance with law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192...

Category: Procedural Law | Date: | Hits: 69

Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)

....he plaintiff sent notice on the defendant No.1 without any effect and hence suit was filed for restitution of conjugal right. 5. The defendants 1 and 2 contested the suit by filing a joint written statement denying all the material allegations of the plaint; the clear case of the defendant No.1 i......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ..

Category: Family Law | Date: | Hits: 185

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

....f sections 50 and 102 of the Waqf Ordinance, 1962. 2. Since the question has been raised by defendant appellants immediately on the presentation of the plaint and before the filling of the written statement the only facts are the plaint allegations. In view of the questions involved we do not fee......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249...

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

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

....by Fry L.J. in Colquhon Vs. Brooks (1888) 21 Q.B.D. 52 (59) that both words "accrue" or "arise" are used in contradis­tinction to the word "receive" and indicate a right to receive. They represent a state anterior to the point of time when the income becomes receivable and connote a character of th......e was no justification for such assumption that the income had accrued. The Tribunal went fur­ther and considered that even if it is assumed that the assessee company had deliberately maneuvered its affairs to reduce the overall tax liability this would not entitle the Income Tax Officer to assess ..

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

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

....hearing before the Additional Sessions Judge, 2nd Court, Mymensingh. 5. In the applications under section 526 of the Code of Criminal Procedure filed before the High Court Division, the petitioner stated, inter alia, that the petitioner is a bona fide businessman who was granted lease of 155 acre......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197...

Category: Criminal Law | Date: | Hits: 80

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

....was also asked not to admit students in the unapproved programme of B.Sc. in Civil Engineering. Then the petitioner filed the writ petition and obtained the Rule on 03.11.2009 in the terms as already stated hereinbefore. 5. The petitioner filed 3(three) supplementary affidavits in support of the ......f Bangladesh was present. Dr. APJ Abdul Kalam, former Hon'ble President of India was the convocation speaker in that ceremony. Dr. Gowher Rizvi, Adviser to the Prime Minister of Bangladesh on Foreign affairs, was present as special guest. The petitioner started its operation at the provisional site ..

Category: Others | Date: | Hits: 197

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

....d. 4. During the course of investigation of the said case, the police arrested 4(four) persons on suspicion in the instant case and produced them before the Magistrate for recording their Judicial statements under section 164 of the Code of Criminal Procedure. Md. Arif Hossen made judicial statem...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ..

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. ......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. ..

Category: Civil Law | Date: | Hits: 87

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

....The decision of Bangladesh Small Industries Corporation Vs. Mahbub Hossain has no application to the facts of this case. The High Court erred in holding that the writ was maintainable. For reasons stated above we allow this appeal without any order as to costs. The judgment of the High Court is s......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...

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

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

.... and acq­uitted but the conviction and sentence of the appellants were affirmed. 4. In the trial Court P.W.1. Asia Khatun P.W.2 Rizia Begum, daughter of the dece­ased, P.W.5. son of the deceased stated in their examination-in chief that they recogni­sed all the accused in the light of kupi lam......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..

Category: Criminal Law | Date: | Hits: 107

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

.... This arises from Title Suit No 201 of 1963 of the 3rd Court of Munsif, Comilla. The suit land, which appertained to C.S. Plots Nos. 675 and 678 of Mouza Chatura, belonged to defendant No 2. Delaney Estate which possessed it in khas. The plaintiff purchased it by a registered kabala dated 1, August ......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. ..

Category: Property Law | Date: | Hits: 58

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

....n 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 that on a police report the Sub Divisional Magistrate, Cox's Bazer, dre......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. ..

Category: Others | Date: | Hits: 135

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

.... the Board in the said letter as regards the manner in which the settlement was granted and proceedings also were directed to be drawn up against cer­tain officers for allegedly making certain false statements of facts but ultimately positive approval of the said settlement was given in the followi......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...

Category: Property Law | Date: | Hits: 75

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

....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 Choudhury, which were diluviated and after the said lands had reappeared as......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...

Category: Property Law | Date: | Hits: 133

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

....dents obstructed the petitioners from exercising their right of easement in the suit ponds. Hence the suit. 3. The defendants respondents appeared and contested the suit by filing a joint written statement denying the materials statements made in the plaint. On 16.05.2006, the petitioners fi......on affirming the judgment and order passed by the learned District Judge cannot sustain. 25. Admittedly the suit filed in 2000 is yet to be disposed of by the trial Court. Such being the state of affairs we do not find any point dragging the case before this Division in an interlocutory matter. ..

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....... অপরাধ বিচারের জন্য গ্রহণ করিবে না৷” 16. Section 86(1) of the aforesaid Ain 2001, provides that any punishable offence relating to the affairs of the co-operative society is non-cognizable offence notwithstanding anything contained in ..

Category: Criminal Law | Date: | Hits: 86