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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. ...... by any Counter affidavit. 12. The learned Advocate submits that the defendants denied the marriage in their clear and specific pleadings in the written statement. He submits that the plaintiff in order to prove the marriage submitted a forged Kabinnama Exhibit 1 but the register of marriage, the......im, Advocate - For 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 Appe......in: 50 DLR (HCD) (1998) 181. ..Category: Family Law | Date: | Hits: 185
Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)
....ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......two months failing which the plaintiff-petitioner for herself and for her child shall be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......e there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180....... Case is also Reported in: 50 DLR (HCD) (1998) 180...Category: Family Law | Date: | Hits: 152
Abdul Jalil Munshi (Md.) Vs. Returning Officer & others, 1997, 26 CLC (HCD)
....7 and 6-11-97 passed by the respondent Nos.1 and 2 are hereby set aside and the nomination paper of the petitioner is hereby declared to be valid. 5. The respondent No.1 is directed to prepare and publish a supplementary list in respect of the petitioner as valid candidate in order to allow him t......da, District Rajbari. The Returning Officer cancelled the nomination paper on 5-11-97 on the pound that he is a defaulter. On an appeal the Thana Nirbahi Officer dismissed the appeal and affirmed the order of the Returning Officer canceling the nomination paper. 2. It appears from the order dated......er be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ...... (1998) 179. ..Category: Election Law | Date: | Hits: 153
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....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.......rieved. The expression "any person aggrieved" has been interpreted as "any person interested in the Waqf" and so held that the plaintiff not being a person interested in the waqf was not bound by the order of the Administrator and hence his suit as a whole was competent. Mr. Ahmedur Rahman Khan, lea...... 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.......hese sections in view, if we revert to sections 50 and 102, it is to be observed that section 102 contains a provision which bars the jurisdiction of the Civil Court with regard to the matters mentioned therein. And before considering its effects we are to refer to section 50, which finds place in..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.......). Syed Mozaffar Hossain, Advocate, instructed by H. R. Khan Advocate-on-Record- For the Respondent (In all the appeals). Civil Appeal Nos. 67, 68 & 69 of 1978. (From the judgment and order dated 16-8-76 passed by the High Court in Applications No.17, 18 & 19 of 1971) Judgment......he appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......so Reported in: 31 DLR (AD) (1979) 242...Category: Fiscal/Taxation Law | Date: | Hits: 124
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....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.......orney 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 in Criminal Miscellaneous Case Nos.5687, 56...... 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....... Nazmun Ara Sultana J 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..........Category: Criminal Law | Date: | Hits: 80
Category: Others | Date: | Hits: 197
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
.... 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. ......For the Petitioner. Mahbubey Alam, Attorney General, Instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 387 of 2011. (From the order dated 31.07.2011 passed by the High Court Division in Criminal Revision No.953 of 2011) Jud...... 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. ......Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Rayhan Khokon........................................Petitioner Vs. The State......................................................Respondent Judgmen..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. ......Aftab Hossain, Advocate-on-Record—For the Petitioner. Ferozur Rahman, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1182 of 2004. (From the judgment and order dated 02.05.2004 passed by the High Court Division in Writ Petition No.1591 of 2001.) Judgm......decision. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ......reme Court 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 ..Category: Civil Law | Date: | Hits: 87
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
.... the original owners left this country before 1965 and that the Government rightly prepared Census List in Pursuance of Notification No.6199 dated 3-12-1965 issued under the Defence of Pakistan Rules published in the Dhaka Gazette dated 4-12-1965 and then the SA and RS records were rightly prepared ......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. ......sed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......pellate 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..Category: Property Law | Date: | Hits: 76
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....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.......y incorporated under the Companies Act, which has been nationalised under the President's Order No.27 of 1972, if dismissed after the Order of nationalisation was passed can challenge the dismissal order in the Writ jurisdiction of the High Court Division. 2. Facts for disposal of the question...... 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.......1978. (From the Judgment and Order dated 25.3.77 passed by the High Court in Writ petition No.205 of 1974). Judgment Kemaluddin Hossain CJ.- The point involved in this appeal though a short one, is one of considerable importance, because of the different nationalisation legislations pass..Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....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. ......d - For the Appellants. B. B. Roy Chowdhury, Asstt. Attorney-General, instructed by B.C. Panday, Advocate-on-Record - For the Respondent. Criminal Appeal No.3 of 1978. (From the judgment and order dated 18.4.77 passed by the High Court in Criminal Appeal No.107 of 1976). Judgment Badr......on in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......in chief in the Sessions Court and the statement made in the committing Court. He considered that the evidence had amply established the case against the accused and accordingly convicted the petitioners. 6. It was contended before the High Court that the trial Court erred in law in relying on ..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....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. ...... in this appeal by special leave is whether the High Court Division is well founded in law in reversing, in a second appeal, the concurrent decision of lower Appellate Court and the Trial Court and ordering remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas pos...... This Case is also Reported in: 35 DLR (AD) (1983) 174. ......ugust 1963 defendant No. 1, the respondent before us, forcibly dispossessed him from this land setting up a claim of title on the basis of purchase under a registered kabala dated 11 July 1963 from one Rabi Dasi, daughter of one Biman Dasi. Defendant No 1 claimed that Biman Dasi took lease of 10 d..Category: Property Law | Date: | Hits: 58
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
.... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ......er) 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. ...... the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ......ting wife or wives, which amount if not so paid, shall be recoverable as arrears of land revenue; and (b) on conviction upon complaint be punishable with simple imprisonment which may extent to one year or with fine which may extend to ten thousand takas or with both. Sub-section (1) says: ..Category: Family Law | Date: | Hits: 166
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......n of proceedings u/s 34 of the Act was valid and not barred by limitation. The assessee preferred a second appeal before the Income Tax Appellate Tribunal, which allowed the appeal and annulled the order of re-assessment on the findings that (i) prior to 1963, the definition of 'person' did not in...... This case is also reported in: 35 DLR (AD) (1983) 165. ......(1983) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162.......ment and Order dated 6.11.80 passed by the High Court Division in Civil Revision No. 1131 of 1974.) Judgment Chowdhury ATM Masud J. - This appeal by special leave arises out of the judgment and order dated 6-11-80 passed by a Single Judge of the High Court Division in Civil Revision No. 1131 o......d. This Case is also Reported in: 35 DLR (AD) (1983) 162.......f 1968 in the Additional Court of Munsif, Kishoreganj, against the appellants, who were defendants No. 28 (Kha) and 28(Kha) and others for declaration that the auction sale of the suit lands held in Money Execution Case No. 233 of 1942 and 44 of 1943 were void, illegal and inoperative and for recove..Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....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. ......from the judgment of a Single Judge of the High Court Division passed in 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 ......lso Reported in: 35 DLR (AD) (1983) 127. ......strate of] 6 * * * a Magistrate of] 6 * * * a Magistrate of the first class. (4. Nothing in this section shall be deemed to authorize the High Court Division to convert a finding of acquittal into one of conviction, or to entertain any proceedings in revision with respect a to an order made by th..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....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.......id char lands, that Appellant No.1 having applied for settlement of the land on behalf of all the appellants, the Khas Mahal Officer proposed to settle the disputed lands permanently with them by his order dated 8-7-53, which was duly approved by the Collector of Khulna and subsequently also by the ...... There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218....... disputed lands permanently with them by his order dated 8-7-53, which was duly approved by the Collector of Khulna and subsequently also by the Board of Revenue, that Appellant No.1 paid the Salami money and rent to the Government and executed a Kabuliyat on 15-9-53 in favour of the Collector of Kh..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....he Act, Compensation Assessment rolls in respect of all the acquired interests as well as other acquirable interests, which were not acquired under the special provisions, were prepared and finally published under section 42 of the Act. As has been provided under section 44 of the Act, on the publ......This appeal is against a judgment of a Bench of the High Court Division, discharging a Rule issued on an application made by the appellants under Section 115 of the Code of Civil Procedure against an order of the Subordinate Judge, Patuakhali, recording abatement of a suit, instituted by the appella...... date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......id amended provisions of sections 86 and 87 of the State Acquisition and Tenancy Act. While disposing of the said application by his order dated 24.3.73 the learned Subordinate Judge appears to have gone into the question of the truth or otherwise of the allegations made in the plaint and having h..Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....e is remanded back to the Tribunal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191....... Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the respondent No.2. Not represented - Respondent No.1. Civil Appeal No.156 of 1978. (From the judgment and order dated 11.7.78 passed by the High Court Division in Writ Petition No.806 of 1977.) Judgment ......ght of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191....... The Tribunal had found from the relevant ballot papers that 10 persons had cast votes simultaneously in ward Nos. 1 and 3. The voter numbers and ballot-paper numbers were also ascertained. Having done so the Tribunal considered it cannot be ascertained that for whom those 10 votes were cast and c..Category: Election Law | Date: | Hits: 163