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Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)
....rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......;……...Respondent Judgment: August 17, 1998. The Arms Act, 1878 (XI of 1878) Section 19(a) & 19(f) Arms and ammunitions recovered from one of the few accuseds and when all of them were together revolver shots fired and cocktails ......rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ..Category: Criminal Law | Date: | Hits: 54
Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ...... the language of section 247 of the Code of Criminal Procedure it is clear that summons must be issued for securing the attendance of the accused on the day appointed for hearing of the case. Apart from this, it appears that the accused-petitioners obtained bail on 23-4-94 and thereafter 31-5-94 ......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ..Category: Criminal Law | Date: | Hits: 61
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
.... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ......sh Roy Choudhury J.- These 4 petitions are for review of the common judgment of this Court, dated 10 June 1997, by which Civil Appeal Nos. 39-42 of 1994 of the respondent- Government of Bangladesh from the consolidated judgment of the High Court Division in Writ Petition Nos. 41, 59, 84 and 85 o...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ..Category: Property Law | Date: | Hits: 69
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......ondent Judgment October 27, 1998. The Constitution of Bangladesh, 1972, Article 117 Violations of all kinds of law are not violations of fundamental right. The protection from transfer from one place to another is protection in connection with terms and conditions of se......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....uo; Moreover, the High Court Division held, all the PWs are partisan and interested and, as they say, they have enmity with the accused party, so their testimony as a rule of caution should require corroboration before basing conviction. 14. The High Court Division then found that the pr......9 and Criminal Appeal No. 67 of 1989 together and by a common judgment and order dated 16-8-91 rejected Death Reference Case No. 1 of 1989 and altered the conviction of accused-respondent Nos. 1-6 from under sections 302/149 to section 304 Part I of the Penal Code and sentenced them to suffer RI......n under those sections has been set aside purely on whims and caprices. 29. Furthermore the High Court Division has discarded the evidence of PWs as being partisan and interested requiring independent corroboration in so far as the conviction of accused-respondent Nos. 1-6 under sections......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......ssed by the High Court Division in Writ Petition No. 6717 of 1997). Judgment Mustafa Kamal J.- This petition for leave to appeal by the writ petitioner is from the judgment and order dated 8-12-97 passed by a Division Bench of the High Court Division in ......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ..Category: Employment/Service Law | Date: | Hits: 77
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144......., First Court, Moulvibazar granting temporary injunction under Order 39 rules 1 and 2 read with section 151 of the Civil Procedure Code in favour of the plaintiff-respondent restraining the appellant from taking over the management and administration of the plaintiff- respondent company and selling ......e suit within 3 months. 6. Leave was granted to consider the submission of the learned Advocate for the appellant that the proceeding under Article 34 of the BSRS Order, 1972 being a substantive, independent and alternative mode of recovery of BSRS dues/overdue under a special law and Article 34......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144...Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......of hours in a day or in a week that a worker shall be liable to work. If the establishment reaches a settlement with the workers in reducing the hours of work the worker’s overtime will begin from the hour when the settled hour is reached. The worker need not wait till he works 48 hours a ......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......ns, inter alia, that the informant Mahbub Shukur and his elder brother Belal Hossain, a practicing Advocate of Dhaka District Judges’ Court and both residents of Dhaka were returning to Dhaka from their village home Barisal on a motorcycle on 4-9- 95 and that on the way they were attacked ......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......cessfully challenged the judgment and order dated 4-5-94 passed by the First Court of Settlement in case No. 358 of 1989 (Ka-55) allowing the same and directing the release of the disputed building from the list of abandoned buildings published in the gazette notification under Ordinance No. LIV ......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Property Law | Date: | Hits: 64
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ...... Md. Abdur Rouf J.- Bina Rani, the wife and Bhulu Chandra Dey (defendant No. 2), son of deceased sole plaintiff Hiron Chandra Dey, have preferred this appeal on leave from the judgment and decree of the High Court Division dated 25-7-94 passed in First Appeal No. 44......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......nt August 3, 1998. Benami Transaction (i) The well-settled principle of law is that in deciding a question of benami transaction the court should take into consideration (i) the source of consideration money (ii) nature and possession of the property after the alleged transac..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ...... The question of promissory estoppel may not arise in this case but in view of the fact that the project was approved earlier and under that approval respondent no. 1 acted after taking loans from the Government financial institutions and other banks, it now appears that the Government coul...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ..Category: Business or Commercial Law | Date: | Hits: 91
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ...... The plaintiffs were in possession till dispossession by the defendant in the middle of 1972. 3. The case of defendant is that, Haran Mondal died before 1923 leaving only son Subarna Mondal from whom the defendant purchased the suit land by a registered kabala dated 25-9-69 and erected h......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......, 1908 (V of 1908), Order XIV rule 1 The finding of the High Court Division that the Ministry of Works having released the suit property in favour of the plaintiff and lease of the defendant from the Deputy Commissioner without approval of the Ministry of Works, the defendant had no locus......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ..Category: Property Law | Date: | Hits: 69
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......rticle 68 of the Constitution and on other grounds, in Writ Petition No. 912 of 1993 which was summarily rejected by a Division Bench of the High Court Division by judgment and order dated 17-6-93, from which the petitioner has preferred this petition for leave to appeal, a certificate under Art......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ..Category: Constitutional Law | Date: | Hits: 152
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......dents. Civil Appeal No. 23 of 1994. Judgment Latifur Rahman J.- This appeal by leave by Bangladesh Inland Water Transport Corporation- defendant No. 1 is from the Judgment and decree dated 10-11-91 passed by the High Court Division in Admiralty Suit No......he defendants lodged a counter-claim for a sum of Taka 1,28,235.37. 4. After discussing the oral and documentary evidence of both sides the learned Admiralty Judge found PWs 6 and 7 to be independent and disinterested eye-witnesses to the occurrence and relying upon their testimony held......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ...... ‘Sangram’ of 30 January, 1999 which were alleged to have been made by Shaikh Hasina Wazed, the Hon Prime Minister, at a Press Conference held in the Gana Bhaban on 29 January, 1999 on her return from India. 2. It has been alleged in the application, inter alia, that the said statements clea......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......োন অভিপ্রায় আমার ছিলনা। স্বাঃ শেখ হাসিনা ১৫/২/৯৯ 9. The Prime Minister has mentioned newspaper reports as her source for the figure of 1200 cases although the name or names of the newspapers have not been menti..Category: Others | Date: | Hits: 99
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ...... the custody at the time of admitting the Government appeal they would not interfere in the matter. Being aggrieved by the said order the appellants moved this Division and obtained leave to appeal from the said order. Upon hearing the appeal, Criminal Appeal No. 13 of 1994, we directed by order ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ..Category: Criminal Law | Date: | Hits: 57
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ......ced the sentence of Mawlana Abdul Hye (petitioner of Criminal Petition No. 103 of 1997) to six months on consideration of his old age. All the three accused-petitioners are seeking leave to appeal from the impugned judgment of the High Court Division. 2. The prosecution case is that, the...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)
....in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ......ted 3-3-98 passed by the High Court Division in Writ Petition No.7741 of 1997). Judgment Mustafa Kamal J.- The writ petitioner-respondents obtained a Rule Nisi from a Division Bench of the High Court Division on 8-12-97 calling upon the respondent-petitioner ......in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ......in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ..Category: Employment/Service Law | Date: | Hits: 67