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Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
.... learned Judges of the High Court Division, thereby directing a judicial inquiry. 5. From the impugned judgment it appears that the learned Judges of the High Court Division considered the statements recorded under section 161 of the Code of Criminal Procedure of a number of witnesses an......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ..Category: Criminal Law | Date: | Hits: 66
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ...... accordingly. During the revisional rent roll operation the suit jote was also recorded in the names of the defendants and the paddy rent has been commuted into money rent of Rs 3/55 and they paid rents of the jote to the Government. Defendant No.1 transferred more than 10 bighas of land in viol..Category: Property Law | Date: | Hits: 52
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ed by an officer on duty where the detenu was detained. The order of detention was passed on 11-12-90 and so it was impossible on the part of the detaining authority to pass the order based on the statements made on 16-12-90 and it cannot be a ground for the satisfaction of the detaining authori......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
.... follows: “Not a fact that there was no agreement reconveyance” These sentences escaped the notice of the trial Court as well as of the appellate Court. These statements of the plaintiff on oath clearly indicate that there was a separate deed of reconveyance......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....r at the office of the Bank nomination by any shareholder nor his name was recommended by the directors for such election. 11. Appellants filed an affidavit-in-opposition controverting the statements made in the said written objection and supporting the report of the Chairman. The Chairm......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ..Category: Business or Commercial Law | Date: | Hits: 107
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....The police investigated the case and the accused- petitioners including others were arrested by the Mirpur Police on 2-5-89 and were produced before the Magistrate who recorded their confessional statements and remanded them to police custody for Test Identification Parade (TI Parade) which was......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ..Category: Criminal Law | Date: | Hits: 64
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
.....75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ......ocuments of title and possession to show that since 1939 and again from 1963 different owners of this vast property have been possessing their respective portions by mutating their names and paying rents to the Government. Since 1939 the respondent—petitioner and the other respondents did n..Category: Constitutional Law | Date: | Hits: 164
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
.... No. 1 (3)-M (T&A)/NBR/80 dated 2-8-80 instructing, the assessing officers to finalise the pending assessment of all nationalised concerns by 31-10-90” on the basis of audited reports and statements, without being too meticulous about the examination of their accounts, for such meticulo......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....ies between the parties could not be a valid ground for withdrawal of the case before trial. The learned Tribunal Judge also found that the argument of the State that there are discrepancies in the statements of witnesses made under section 161 of the Code of Criminal Procedure is a matter for th...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ..Category: Criminal Law | Date: | Hits: 63
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....anglar Kheya and/or beaching any other ship in the plaintiffs yard. 3. After denying all the allegations of the plaintiff in the plaint, the defendant-appellants in their respective written statements stated that the vessel Banglar Kheya was agrounded by cyclone in June, 1985 in the offsh......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
.... to the source of his informant Whether the author is living or dead, the book of reference must be an appropriate reference book in that the author must be shown to be properly, qualified to make statements upon the subject and so only standard books acknowledged as authorities nay be referred ......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..Category: Criminal Law | Date: | Hits: 77
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....hich the respondent gave a reply. 7. The High Court Division after considering the materials on record against the respondent, namely, the FIR, charge-sheet, the alleged confessional statement and statements of three witnesses under section 161 of the Code of Criminal Procedure of Maj. Gen. (Retd......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..Category: Criminal Law | Date: | Hits: 115
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....records to the Senior Special Tribunal for trial. He did not know about the trial and could not face the trial only because he was unaware of the subsequent developments. No Court shall take such statements on their face value as these are commonplace statements often designedly made to attract...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ..Category: Criminal Law | Date: | Hits: 98
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... review petition that there was no nexus between the order of detention and the grounds served upon the detenu. 6. Again no affidavit-in-opposition was filed by the respondents refuting the statements of fact alleged in the review petition, but the High Court Division by judgment order da......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..Category: Criminal Law | Date: | Hits: 99
Category: Employment/Service Law | Date: | Hits: 95
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....uishment from his daughter which having been refused he was obliged to bring the suit. 5. The suit was contested by defendant Nos. 1 and 2 as well as defendant Nos. 4-9 upon similar written statements. Their case, in short, was that the suit lands were acquired by defendant No. 1 with her......oney. He took delivery of all the original kabalas from the Sub registry and kept them in his custody. Since the said purchases the plaintiff had been in possession of the suit lands on payment of rents. But his daughter, defendant No. 1, who was issueless had executed a collusive deed of Heba-..Category: Procedural Law | Date: | Hits: 140
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ...... 3-1 1-75 Ibrahim made a registered deed of gift of 0.08 acres of land of with structures thereon in favour of defendant No. 3 and delivered possession to her. She lives in this house and realises rents from the tenants. She also mutated her name and paid municipal taxes. Ibrahim died leaving on..Category: Property Law | Date: | Hits: 77
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....tnesses but subsequently filed a petition under section 288 of the Code of Criminal Procedure. It appears from the order-sheet that the prayer of the prosecution praying for time for recording 342 statements was allowed and 20-7-86 was fixed for the said purpose. The teamed Public Prosecutor sub......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....balance free from pollution of air and water, sanitation without which life can hardly be enjoyed. Any act or omission contrary thereto will be violative of the said right to life. In the face of the statements in the writ petition BELA is concerned with the protection of the people of this country ......Factoran and another in which the twin concepts of “inter-generational responsibility” and “inter-generational justice” were agitated by the plaintiff minors represented by their respective parents to prevent the misappropriation or impairment of Philippine rain forest. The minors asserted t..Category: Constitutional Law | Date: | Hits: 450
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....xed for peremptory hearing on 26-12-87 behind the back of the defendants upon filing an application on an off date although the defendants had been seriously contesting the suit by filing written statements. It is also seen that in the absence of the regular presiding judge of the court suit wa......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76