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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)

....ion) Present: Md. Mozammel Hoque J Md. Abdul Matin J Rieta Rahman…………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others……………Respondents Judgment November 18, 1996. Re......s, Government of Bangladesh. The detenu joined the Military Academy at Kakul for 46th PMA Long Course in April, 1970 and he was commissioned as a Second Lieutenant on 19-9-71. He was repatriated from Pakistan in December, 1973. On his return from Pakistan, the detenu was posted to 1st Bengal Lancers..

Category: Criminal Law | Date: | Hits: 76

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)

....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 186.......Dhaka who is defendant No.2 in the suit and himself conducted an enquiry in the VP Case himself found on local enquiry that Lakshman Mondal had died in this country as a citizen of the erstwhile East Pakistan and he never migrated to India and since Lakshman’s death plaintiff Moran Mondal has been..

Category: Property Law | Date: | Hits: 111

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

....ngladesh the Constitution of the country was framed and in Article 7 sub-Article 2 it is expressed that this Constitution is as the solemn expression of the will of the people, the supreme law of the Republic and if any other law is inconsistent with this Constitution that other law shall, to the ex......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

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.......rom whatever source derived which- (a)……………………. (b) if such person is resident in Pakis­tan, during such year. (i) Accrue 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..

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

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

.... and currently 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 c......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169. ..

Category: Others | Date: | Hits: 197

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

....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. ......ted property as 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 ri..

Category: Property Law | Date: | Hits: 76

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. ......om relying on the state­ments made by the witnesses in the Court of the Committing Magistrate.” 24. In the case of Ahmi (Ahmad) Vs. The Crown, reported in 1969 SC M.R. 837, the Supreme Court of Pakistan observed that a transfer of the deposition u/s 288 Cr. P.C. and the reliance upon them by t..

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. ......for the plaintiff appellant, has pro­duced before us a number of subsequent Amendments of section 9(1) of the State Acquisition and Tenancy Act two of which are relevant in this case. These are East Pakistan Ordinance No. 14 of 1957, dated 15 August 1957 and East Pakistan Ordinance No. 27 of 1961 d..

Category: Property Law | Date: | Hits: 58

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

....the law in force immediately before the appointed day was exercisable in respect of the said territory by the High Court in Calcutta, Sub-article (2) of Article 165 of the Constitution of the Islamic Republic of Pakistan, 1965, inter alia, provided that the High Court for the Province of East Bengal......behalf of the appellants, informed us that some amendments of the revisional powers of the High Court Division under section 439 of the Code of Criminal Procedure have also been effected in India and Pakistan. He mentioned that in India the Sessions Judge has been given the same powers of revision a..

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.......e contiguous north of the two mouzas known as Kanchi Harania and Shankar Kati within P S. Shamnagar District Khulna, that in 1953 when the said char became fit for cultivation, the Government of East Pakistan started Settlement Case No 9/53-54 for settle­ment of the said char lands, that Appellant ..

Category: Property Law | Date: | Hits: 75

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

....e recess of a river or of the sea. It shall not be considered as an increment to, the holding or tenancy to which it may be thus annexed, but shall vest absolu­tely in the Government of the People's Republic of Bangladesh and shall be at their disposal." 22. The aim and object of this amending l......nt of rent in respect of the land lost by diluvion did not bring about any great charge in the law then in force, as this provision is similar to sub-section (1) of the old section as amended by East Pakistan Ordinance No.XXI of 1969, which dispensed with the filing of an application by the tenant t..

Category: Property Law | Date: | Hits: 133

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

....wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......ejudice to the applicant.” 23. In the case referred to above this Division relied upon the case of Charan Das Vs. Amir Khan, AIR 1921 PC 50, which has been followed by the Supreme Court of Pakistan in the case of Keramat Ali Vs. Muhammad Younus Haji PLD 1963 (SC)191=15 DLR (SC)120. This D..

Category: Procedural Law | Date: | Hits: 100

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

....il, Deputy Attorney-General-For the Respondents. Writ Petition No. 9329 of 2008. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondent to show cause as to why t...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ..

Category: Constitutional Law | Date: | Hits: 211

Bangladesh Freedom Fighters' Welfare Trust and others Vs. Joint District Judge and Artha Rin Adalat & another, 2004, 33 CLC (HCD)

.... and is of no legal effect. 2. The facts as stated in the writ petition are that, the petitioner No. 1 Bangladesh Freedom Fighters' Welfare Trust, was established by the Government of the People's Republic of Bangladesh and the petitioner Nos. 2‑5 are the officers of the petitioner No.1 Trust. ......udgment and decree dated 14‑5‑02 is without jurisdiction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ..

Category: Property Law | Date: | Hits: 173

Hanif Shaikh (Md) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....dent No. 2 in cancelling the declaration of the newspaper is without any lawful authority and violated the right of the petitioner guaranteed by Articles 31 and 39 of the Constitution of the People's Republic of Bangladesh. 4. Mr. Abdul Kader Talukder, Assistant Attorney General with Ms. Naheed M......nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ..

Category: Information Technology Law | Date: | Hits: 282

AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)

....oner. Md. Nurul Amin, Advocate ‑ For Respondent No. 6. Writ Petition No. 1098 of 2001. Judgment Kazi AT Manowaruddin J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondent Nos. 1‑7 to show cause as to why the......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ..

Category: Trust/Waqf Law | Date: | Hits: 153

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

....ion, 2 AC 147; Sm. Krishnamoni Vs. Baser Mondal and others, 1963 AIR Calcutta 225; The Province of East Pakistan and others Vs. Sirajul Huq Patwari and another; PLD 1966 Supreme Court 854; People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works Vs. Chairman, Court o......ask and Company, Indians Appeals Vol. LXVII 222; Anisminic Ltd. Vs. Foreign Compensation Commission, 2 AC 147; Sm. Krishnamoni Vs. Baser Mondal and others, 1963 AIR Calcutta 225; The Province of East Pakistan and others Vs. Sirajul Huq Patwari and another; PLD 1966 Supreme Court 854; People’s Repu..

Category: Property Law | Date: | Hits: 78

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ...... Mohim Mondal Vs. The State, 15 DLR 615; Sajjan Singh Vs. State of Madhya Pradesh; Dule Singh and another Vs. State of Madhya Pradesh, AIR 1998 (S.C.) 2756; Muhammad Shafi Vs. The Crown, 6 DLR (West Pakistan) 104; Ibrahim and another Vs. The State, 11 PLD (Lahore) 715; State Vs. Lieutenant Colonel ..

Category: Criminal Law | Date: | Hits: 94

Samerendra Samajpati and others Vs. Government of the People’s Republic of Bangladesh, 2012, 41 CLC (AD)

....J Muhammad Imman Ali J Md. Shamsul Huda J Samerendra Samajpati and others…………………………………………………………Petitioners Vs. Government of the People’s Republic of Bangladesh and others………….Respondents Judgment March 5, 2012. Result: ......r of the High Court Division. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 69

Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)

....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ...... or inducement." 16. These views have been approved in a latter case of this court in Major Md. Bazlul Huda (Artillery) Vs. The State Criminal Appeal Nos. 55-59 of 2007. Since the Supreme Court of Pakistan and this court have taken unanimous views on the point that a court can act upon a confessi..

Category: Criminal Law | Date: | Hits: 100