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Dayal Chandra Mondal and others Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others, 1997, 26 CLC (HCD)

....native village Kakabo PS Savar District Dhaka leaving the plain as his only heir to succeed him and since then he has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. The plaintiffs further case is that while he has been in rightful posses......l Deputy Commissioner (Revenue), Dhaka and others....................Opposite Parties Judgment November 3, 1997. Result: The Rule is made absolute. Cases Referred To- Abul Khair Vs. Bangladesh and others, 32 DLR (AD) 29; Nitya Gopal Roy Barman Vs. Pran Gopal Nandi and others, 32 DL......Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 186....... also Reported in: 50 DLR (HCD) (1998) 186...

Category: Property Law | Date: | Hits: 111

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

....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. ...... basis of those exhibits which were not legally proved. The learned Advocate further submits that the decree is in executable as it is a relationship between a man and a woman and the Constitution of Bangladesh also guarantees equality and liberty of each irrespective of man and woman, caste or cree...... the Petitioners. Faruque Ahmed, Advocate - For the Opposite Party. Civil Revision No.5195 of 1991. Judgment Muhammad Abdul Mannan J.- This Civil Revision is directed against the Judgment and Decree dated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 ......R (HCD) (1998) 181. ..

Category: Family Law | Date: | Hits: 185

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

....ty, to send a copy of the application to the Deputy Commissioner of the District where the property is situated to ascertain whether the property sought to be enrolled as waqf is khas property of the Government. Sub-section (6) says that if the application has not been rejected under tub-section (5)......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.......R (AD) (1979) 249.......n (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J KM Subban J Badrul Haider Chowdhury J Syed Masud Ali and others.............................Appellants Vs. Md. Asmatullah and others...........................Respondents Judgment November 21, ..

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

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

....mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......ue or arise or are deemed to accrue or arise to him in Pakistan during such year or …" 13. The question is whether such commi­ssion "accrued or arose or is "deemed to accrue or arise" to him in Bangladesh during previous years. The expression ''accrue or arise" or are "deemed to accrue or aris......mp; Co. Ltd. Vs. Commissioner of Income Tax, (1960) 39 I.T.R. 706; Puna Electric Supply Company Vs. Commissioner of Income Tax, (1965) 57 I.T.R. 521; Commissioner of Income Tax Vs. Shuroji Ballav Das and Company, (1962) 46. I.T.R. 144; Commis­sioner of Income Tax Vs. Chamanlal Mangaldas Co., (1956)...... (Civil) Present: Kemaluddin Hossain CJ Ruhul Munim J KM Subhan J Badrul Haider Chowdhury J Commissioner of Income-Tax………………………Appellant (In all the appeals) Vs. M/S. Jamiluddin Corporation Ltd., Bogra………………………..Respond­ents (In all the..

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

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

....f 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 acres land by the Government for establishing Fishery Firm and in due process after registration of the deed, the peti......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.......ses) Momtaz Uddin Fakir, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In all cases) Criminal Petition For Leave To Appeal Nos. 257, 258 and 259 of 2011. (From the judgment and order dated 07.04.2011 passed by the High Court Division ...... Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Mokarrom Hossain Daradi......................................Petitioner (In all cases) Vs. The State, represented by the Deputy Commissioner, Mymensingh...................Respondent (..

Category: Criminal Law | Date: | Hits: 80

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

....ter alia, was that it was established on 07.08.2003, vide Education Ministry's Memo No. সিম/শাঃ ১৪/৮ বেঃ বি-৭/২০০৩/৩৮০, through provisional approval of the Government. After proper enquiry and investigation, the writ-respondents granted provisional approva......ly there are 217 faculty members. The first convocation of the petitioner-University was held on 20.07.2009 wherein the Chancellor of the University, the Hon'ble President of the People's Republic of Bangladesh was present. Dr. APJ Abdul Kalam, former Hon'ble President of India was the convocation s......ammel Hossain CJ 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 University Grants Commission and another.................................Petitioners Vs. University of Information Technolo......hhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J University Grants Commission and another.................................Petitioners Vs. University of Information Technology and Science and another…….Respondents Judgment ..

Category: Others | Date: | Hits: 197

Kazi Mohammad Amin Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....ppellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Kazi Mohammad Amin......................................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary A......ion (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Kazi Mohammad Amin......................................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Dhaka ...... Md. Hassan Ameen J Kazi Mohammad Amin......................................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Dhaka & others................................Respondents Judgment......rt Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Kazi Mohammad Amin......................................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliame..

Category: Civil Law | Date: | Hits: 87

Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)

....aying rent their names were recorded in SA Khatian No.1090 in respect of the lands of Dag Nos.3123, 360 and 4011 and the balance 26 decimal land of Dag No.3123 was recorded in the Khas Khatian of the Government; SA recorded owner Shahjadi Begum sold her land to Dr. Ashequr Rahman in the year 1980; ......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohamaya Rani Saha....................................Petitioner Vs. Dr. Ashequr Rahman Khan and others..............Respondents Judgment November 9, 2008. Result: All the petitions......Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohamaya Rani Saha....................................Petitioner Vs. Dr. Ashequr Rahman Khan and others..............Respondents Judgment November 9, 2008. ..

Category: Property Law | Date: | Hits: 76

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

....tween the parties related to the maintain­ability of the application under Article 102. Respondent No.1 claimed that since he was no longer an employee of the company as its shares had vested in the Government, he became a government servant and was, therefore enti­tled to challenge the order of d......¦â€¦â€¦â€¦..Appellant Vs. Quamrul Huda & others……………………………..Respondents Judgment January 16, 1979. Result: The appeal is allowed. Cases Referred to- Bangladesh Small Industries Corporation Vs. Mahbub Hossain, (1977) 29 DLR (SC) 41; Punjab Ali Vs. Mo...... Khan, Advocate, (absent) - For the Respondent No.1. K.A. Bakr, Attorney-General, instructed by S.S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.44 of 1978. (From the Judgment and Order dated 25.3.77 passed by the High Court in Writ petition No.205 of 1974). Judgment Ke......sion (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J New Dacca Industries Ltd.……………………..Appellant Vs. Quamrul Huda & others……………………………..Respondents Judgment Janua..

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

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

....tate to the plaintiff under the kabala dated 1.8.59 was hit by section 9(1) of the State Acquisition and Tenancy Act. 1950. Section 9(1) put an embargo on transfer, without previous permission of the Government, by private sale or gift, of any interest in an estate, or tenure or transfer of any land......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. ......4. ...... (Civil Appellate Jurisdiction) Present FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Hafizuddin Ahmed and another……………Appellants Vs. Mahbubul Huq and others…………………Respondents Judgment March 20, 1983. Res..

Category: Property Law | Date: | Hits: 58

Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)

....ribed time the body formed without such representative shall be the Arbitra­tion Council;" "Chairman" is also defined. It means 'Chairman of the Union Council or a person appointed by the Central Government in the Cantonment or by Provincial Government in other areas or by an officer authorised ...... such Government to dis­charge the functions of the Chairman under the Ordinance". That was the position upto 1971. In 1972 with the emergence of Bangla­desh, President's Order, No. 7 of 1972, "The Bangladesh Local Councils and Municipal Committees (Dissolution and Administration) Order, 1972 was ......th her) instruc­ted by Md. Aftab Hossain, Advocate-on-Reco­rd - For the appellant. Md. Wahidullah, Advocate-on-Record - For the respondent. Criminal Appeal No. 1 of 1982. From the judgment and order dated 10.3.81 passed by the High Court Division in Criminal Revision Case No. 369 of 1979.......Division (Criminal Appellate Jurisdiction) Present FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Tahera Begum……………………… Appellant Vs. Farukh Meah……………………… Respondent Judgment November 8, 1982. Result:..

Category: Family Law | Date: | Hits: 166

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

....t harshness of treatment which has resulted in some injury to public interest or undue hardship to individuals." This is a part of the observations made by the Law Reform Commission set up by the Government of Pakistan in 1967. 23. The question of enlarging the revisional jurisdiction of the ...... the same powers and jurisdictions as they exercised immediately before the Procla­mation. The High Court of East Pakistan continued to exercise those powers and juris­dictions. After liberation of Bangladesh the powers, authority and jurisdictions of the High Court were continued by Article 4 of ...... Appellate Division (Civil Appellate Jurisdiction) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Shafiqur Rahman and others…………………………Appellants Vs. Nurul Islam Chow­dhury and others…â€......on) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Shafiqur Rahman and others…………………………Appellants Vs. Nurul Islam Chow­dhury and others…………… Respondents Judgment December 14, 198..

Category: Others | Date: | Hits: 135

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

....Civil) Present: Syed AB Mahmud Hussain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Munim J Abu Saber Aziz Mohammad and others………………Appellants Vs. Government of Bangladesh and others…………………Respondents Judgment March 25, 1976.......ent: Syed AB Mahmud Hussain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Munim J Abu Saber Aziz Mohammad and others………………Appellants Vs. Government of Bangladesh and others…………………Respondents Judgment March 25, 1976. Result: ......appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......on (Civil) Present: Syed AB Mahmud Hussain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Munim J Abu Saber Aziz Mohammad and others………………Appellants Vs. Government of Bangladesh and others…………………Respondents Judgment March 25..

Category: Property Law | Date: | Hits: 75

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

....e plaintiff's on the basis of a Kabuliyat at a rental of Tk. 75. After the rent receiving interests of the previous landlords had been acquired under the State Acquisi­tion and Tenancy Act, 1950 the Government has stepped into the shoes of the previous landlords and the plaintiffs have become ten­...... was given legislative shape for the first time in Alluvion and Diluvion Regulation (Bengal Reg. XI of 1825) which was promulgated in Presidency of Bengal, which included the terri­tory which is now Bangladesh. The main purpose of the legislation was to resolve certain disputes which used to arise ......igh Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......Division (Civil) Present: Syed AB Mahmud Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Mannan and others………………….Appellants Vs. Kulada Ranjan Mowali and others…………………….Respondents Judgment June 3, 1..

Category: Property Law | Date: | Hits: 133

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.......kram, 2007 BLD (AD) 18 = 62 DLR 1AD) 283; CN Rudramurthy Vs. Barkathullah Khan, (1998) 8 SCC 275; Abdul Huque Vs. State, 60 DLR (AD) 1; Ali Akkas Vs. Enayet Hossain, 1997 BLD (AD) 44 = 2 BLC (AD) 16; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; N Mahmud Vs. M Ahmed, 36 DLR (AD) 14: 1984 BLD (AD) 9......3 of 2007 arising out of CR (Petition Case) No.1080 of 2007 under sections 406/408/409/420/34 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, 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. ......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlul Rahman J Md. Delwar Hossain J M Fransis P Rojario alias Babu.................Accused-Petitioners Vs. State...............Opposite Party Judgment December 15, 2009. Result: The Rule i..

Category: Criminal Law | Date: | Hits: 86

Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)

....trusted to deal with the relief materials, rather the local authority for allotment and distribution of those relief materials were responsible for misappropriation, if any. He submits that the local Government officials were in fact entrusted with the responsibility of giving allotment and distribu......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.......w pending in the 4th Court of Additional Chief Metropolitan Magistrate, Dhaka, should not quashed, 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 we......0) 351...

Category: Criminal Law | Date: | Hits: 61

Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)

....d at BCS examination of Health Cadre and qualified himself and also subsequently passed FCPS in eye. As an eye specialist he earned good reputation at home and abroad. He went to Saudi Arabia through Government and served there for a long time with the satisfaction of the authority by high paid sala......ith his wife and children in a rented house at Mizan Road in Feni town and he also set up an eye clinic there. He brought many gold ornaments for his wife defendant No.2 when they were coming back to Bangladesh. While he was running his practice and clinic business he asked his father-in-law to give......rt High Court Division (Civil Revisional Jurisdiction) Present: SAK Md. Dabirus Shan J Jahangir Alam Chowdhury (Md.)……………………Petitioner Vs. Zabun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rul...... (HCD) (2010) 322. ..

Category: Family Law | Date: | Hits: 167

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. ......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. ......Reported in: 62 DLR (HCD) (2010) 309. ......preme Court High Court Division (Criminal Appellate Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abdul Hafiz J Khalil @ Khalilur Rahman and others..................Appellant Vs. State.................Respondent Judgment July 20, 2008. Result: Criminal Appeal ..

Category: Criminal Law | Date: | Hits: 116

Atahar and others Vs. State, 2007, 36 CLC (HCD)

....ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ...... This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......DLR (HCD) (2010) 302. ..

Category: Criminal Law | Date: | Hits: 66

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Human Rights and Peace for Bangladesh (HRPB) and others..................Petitioners Vs. Government of Bangladesh and others.........................................Respondents Judgment......d in: 63 DLR (HD) (2011) 71. ......s also Reported in: 63 DLR (HD) (2011) 71. ......ision (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Human Rights and Peace for Bangladesh (HRPB) and others..................Petitioners Vs. Government of Bangladesh and others.........................................Respondents ..

Category: Constitutional Law | Date: | Hits: 211