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Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....e, instructed by Muhammad Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-For Respondents. Civil Petition for Leave to Appeal No. 731of 2009. (From the judgment and order dated 22nd 1January, 2009 passed by the High Court Division in Civil Revision No.3328 of 2004) ......h Court Division has in detail discussed the evidences on record and found that the plaintiffs have prima facie title and exclusive possession in the suit land. The Appellate Court in arriving at its decision observing that die witnesses have proved the possession of the plaintiffs in the suit land ..Category: Procedural Law | Date: | Hits: 57
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....e learned Assistant Judge was for declaration that the deed of Hiba‑Bil‑Ewaz purported to have been executed by the plaintiff in favour of the defendant No.1 on 9.11.83 and registered on the same date purporting to transfer the land described in the schedule to the plaint was illegal, fraudulent......well as the learned trial Court considered certain oral evidence in contravention of the express provision of law and relied on such inadmissible evidence in order to come to the impugned finding and decision. In elaborating his submission, Mr. Khan argued that oral evidence was admitted by the tria..Category: Property Law | Date: | Hits: 87
Abdur Razzaque Vs. Bangladesh Agricultural Development Corporation and others, 1991, 20 CLC (HCD)
....itioner. Writ Petition No.439 of 1986. Judgment Mainur Reza Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause why the Memo No.PSB (Pra) 1st‑11/81‑82/3357 dated 18.5.86 (Annexure ‘F’) issued by the respondent No.2 and communicated by respondent No.3 s...... that the petitioner be reinstated in his service at once. 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) 613. ..Category: Employment/Service Law | Date: | Hits: 67
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....Procedure. We omit the facts of the case as they are not necessary. The pertinent facts are that the learned Sessions Judge received the Sessions case for trial on 26.2.90 and by an order of the same date fixed 4.3.90 for framing charge against the accused, 10 of whom were absconding and to be tried......ligation, liability, penalty, forfeiture or punishment as aforesaid: and any such investigation, legal proceeding or remedy may be instituted, continued or enforced". Beside this he also cited the decision in the case of Mohammad Alam and 3 others Vs. State, reported in 19 DLR (SC) 242 where thei..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....Rule at the instance of the accused petitioner was issued upon the complainant opposite party to show cause as to why the impugned proceeding should not be quashed or in the alternative why the order dated 9.10.85 complained of in the petition should not be set aside or such other or further order o......of a judicial inquiry report, is wholly misconceived and illegal and the same is therefore liable to be set aside. In support of his contention the learned Advocate for the petitioner has relied on a decision in the case of Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury reported in 38 DLR..Category: Criminal Law | Date: | Hits: 98
....(Supplementary Provisions) Ordinance, 1985 being Ordinance No.LIV of 1985 the disputed house was enlisted in the 'Ka' list of abandoned property by publication in the Bangladesh Gazette Extraordinary dated September, 23, 1986 as serial No.2 at page 9762(61) of the said Gazette. The petitioners then ......ourt of Settlement dismissed the case and upheld the inclusion of the disputed house in the 'Ka' list of abandoned property by its judgment dated 4th October, 1990. Having been aggrieved by the above decision of the Court of Settlement the petitioner approached this court and challenged the aforesai..
Category: Property Law | Date: | Hits: 89
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
.... Md. Mahfuzur Rahman calling upon the respondent, Bangladesh Forest Industries Development Corporation 73, Motijheel Commercial Area, Dhaka to show cause why the order under Memo No. HO/P‑13/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, B......ervice under Rule 15 of the Corporation Rule and the Government Rules of 1984. Sub‑rule 11 of Rule 7 of the Government Servants (Discipline and Appeal) Rules, 1984 provides for a time limit to take decision from the date of communicating the charge against a delinquent. Sub‑rule 11 of Rule 7 re..Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....y General with Amirul Kabir Chowdhury, Deputy Attorney General ‑ For the State. Criminal Revision No.922 of 1993. Judgment Mohammad Fazlul Karim J.- This Rule is directed against the order dated 30.6.93 passed by the Chief Metropolitan Magistrate, Dhaka in Ramna PS case No.126(8)92 under ......accused and the same was also passed without perusal of the record, case diary and without ascertaining the actual condition under which the remand was asked for. The learned Advocate referred to the decision in the case of Khondakar Moshtaque Ahmed Vs. Bangladesh reported in 34 DLR (AD) 222. Mr. Si..Category: Criminal Law | Date: | Hits: 87
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......ent cannot be made under Or. 38 r. 5 CPC it is liable to be set aside and consequently the bank guarantee furnished pursuant to such order is also liable to be returned for cancellation. He cited the decisions in the case of Messers United Venture Navigation Co. Ltd. Vs. Samudrajalra Shipping Line L..Category: Civil Law | Date: | Hits: 75
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....ry J.- This appeal is directed against the order of conviction and sentence passed by the learned Sessions Judge, Nilphamari in Sessions Case No.34 of 1986. The learned Sessions Judge by his judgment dated 26.4.1987 found this appellant guilty of the charge under sections 302/201 of the Penal Code a...... in view of the evidence of P.W.10 and other attending circumstances. The trial Court also has not accepted the explanation. The learned Advocate appearing on behalf of the State placed reliance on a decision reported in 42 DLR 440, where it has been held that if it is proved beyond doubt that the d..Category: Criminal Law | Date: | Hits: 66
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
.... Zainul Abedin, Advocate ‑ For Opposite Party No.1. Civil Revision No.1004 of 1989. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the Order No.33 dated 20.4.89 passed by learned District Judge, Jhenaidah in Misc. Case No.26 of 1988 arising out of......ore no inherent power remaining with the High Court to allow the appeals which are time barred and to set aside on order dismissing an appeal under Order 41 rule 19. In support of this contention the decision in the case of Syed Md. Shah Vs. Abdul Jabbar Md. Yakub and others reported in 1943 AIR (Si..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....For the Appellant. Abdul Wadud Bhuiyan, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondent. Civil Appeal No.139 of 2003. (From the judgment and order dated 16.6.1999 passed by the High Court Division in Civil Revision No.1984 of 1996.) Judgment ...... and Proof of Common Law Marriages’ explaining the concept of the common law marriage. F.B. Tyabji in his Mohammedan Law at page 101 said, the principles stated in the article may be helpful in the decision of similar questions arising under Mohammedan Law. The article reads thus: “From earl..Category: Family Law | Date: | Hits: 318
.....
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- The petitioner Md. SM Abdur Rob prays for issuance of Rule Nisi calling upon the respondents to show cause why the impugned Memo No.606/1(9) dated 25.11.91 (Annexure C) issued by respondent No.4 Returning Officer and Upazila Co‑operative O......s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
..
Category: Election Law | Date: | Hits: 129
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....pondent. Criminal Appeal No.169 of 1986. Judgment Kazi Ebadul Hoque J.- This appeal by the complainant under section 417(2) of the Code of Criminal Procedure is against judgment of acquittal dated 15.6.86 passed by the Additional Session Judge, 3rd Court, Dhaka in Criminal Appeal No.91 of 1...... Metropolitan Magistrate, Dhaka was only to put undue pressure on the accused to part with the goods at a lesser price. 12. The learned Advocate for the appellant failed to bring to our notice any decision in support of his contention that there was no necessity to prove initial intention of the ..Category: Criminal Law | Date: | Hits: 69
Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)
....lure of justice. 5. Accordingly, the impugned order is set aside and I direct the plaintiff to produce those documents as referred to in Annexure ‘B’ to this petition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs.......tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ..Category: Property Law | Date: | Hits: 55
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
....dent‑State. Criminal Appeal No. 1790 of 1996. Judgment Tariqul Hakim J.- This Criminal Appeal, at the instance of accused‑appellant Giasuddin, is directed against the judgment and order, dated 19‑10‑1996, passed by the learned Additional Sessions Judge, First Court, Mymensingh in Se......n is cast the defence to account for the circumstances leading to the death of the deceased failing which the husband will be responsible for the death of the deceased. This view finds support in the decision of State Vs. Kalu Bepari reported in 43 DLR 249, where it was held: "The murder having t..Category: Criminal Law | Date: | Hits: 51
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....of the court. 5. In the result, the Rule is made absolute. The impugned judgment and order passed by the Learned Sessions Judge, in Criminal Appeal No. 47 of 1997 up holding the judgment and order dated 8‑6‑1997 passed by the Learned Magistrate, First Class Satkhira in GR No. 582 of 1995 corr......w of the matter." In Bhagabaticharan Vs. Emperor, AIR 1933 Cal 644, it has been laid down, that even a superior officer of an accused is a person in authority. To the same effect there is a later decision of the same court reported in AIR 1945 Cal 360 Prosad Vs. Emperor. To the same effect there..Category: Criminal Law | Date: | Hits: 62
....isi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents, to show cause as to why order contained in File No.3325/AP/group‑10/97‑98 dated 2‑6‑98 issued by respondent No.2 (Annexure-A) and Public Notice No. 18 dated 20‑10‑9...... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
..
Category: Business or Commercial Law | Date: | Hits: 209
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....rn Ireland concluded a convention for the avoidance of double taxation and prevention of fiscal evasion with respect to taxes of Income and Capital gains. It has been given effect by the notification dated 8‑7‑80 under section 49AA of the Income Tax Act, 1922. 4. In Reference Application No. ......agong (South) Zone, Chittagong. The assessments were made in respect of each of the assessment years by the same Deputy Commissioner of Taxes. Mr. Ali Ahmed Sarkar, but the appeals arising out of his decisions were determined by two different Senior Appellate Joint Commissioners of Taxes. ITA Nos. 1..Category: Fiscal/Taxation Law | Date: | Hits: 120
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....eneral-For the State. Criminal Appeal No. 889 of 1991. Judgment Md. Abdur Rashid J.- This Appeal was presented under section 410 of the Code of Criminal Procedure against judgment and order dated 10‑6-1991 passed by the learned Sessions Judge at Faridpur in Sessions Case No. 08 of 1991, ......th section 149 as there was no evidence to make these three appellants liable for offence under section 307 as they never assaulted anyone. 32. In support of his submission, he cited the following decision; Abdus Satter Vs. State, 46 DLR (AD) 239; State Vs. Roisuddin, 48 DLR 517 and Rafiqul Islam..Category: Criminal Law | Date: | Hits: 60
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