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Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....the evidence of PWs 1-3 also appears to be probable.” Then it was observed that apart from the statements of PWs 1-3 the evidence of PW 6 Md Rowshan Ali “appears to have cast necessary corroboration with regard to causing the vital blow by Altaf to deceased Hyder Ali”. Now in t......d the High Court Division could discriminate between the accused who were acquitted and the present appellant. It will be seen that even the legal position after the acquittal of the other accused from a common charge under section 302/149 of the Penal Code has not been perceived, rather the con......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..Category: Criminal Law | Date: | Hits: 104
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......on 78 The provision of notice under section 78 is a pre-condition for instituting a suit against a Union Parishad or against any member thereof. The petitioner under the rule is not exempted from issuance of such a notice himself being an employee of the Union Parishad……&hell......In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ..Category: Employment/Service Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......Party by way of subletting without consent of the plaintiff and also changed nature and character of the shop thus violated clause 4 of the tenancy agreement and thereby made him liable to be evicted from the suit premises…………(16 & 17) Cases Referred to- Abdus Satter vs. S...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......nds that it was violative of the principles of natural justice as no show cause notice was issued to them prior to the cancellation; that the Controller of Imports and Exports had not exercised his independent decision but had acted upon the direction of the Government and that the Controller of......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......of 1887) Section 25 Once it is established that the person is a tenant he cannot be permitted during the continuance of the tenancy to resist a suit for eviction on ground of purchase from a co-sharer without surrendering his possession to the landlord. The petitioner was a tenant u......ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ..Category: Property Law | Date: | Hits: 69
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......order dated 11th and 12th January 1995 upheld the conviction of appellants Bernhard Rudigar and David Anthony Chalmer Chalker under Section 25B(1) of the Special Powers Act but reduced the sentence from life imprisonment and a fine of Taka 20,000.00 to rigorous imprisonment for 14 years for each......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ...... 7 in OS Suit No. 77 of 1984 and on an application being filed on 13-12-84 by the remaining plaintiffs the said Jaripuddin was transposed as proforma-defendant No.7. The learned Single Judge found from the record that on 24-12-84 the said Jaripuddin entered appearance by filing a vokalatnama and......in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ..Category: Property Law | Date: | Hits: 74
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......7. Judgment Latifur Rahman J.- This appeal by the plaintiff-appellant by leave is from the judgment and decree of a Division Bench of the High Court Division passed in First Appeal ......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......tored. Therefore, the cyclone was not the proximate or immediate cause of this fault. Rule 29.4 of Rules and Rates for the supply of electricity as approved by the Ministry of Energy and Mineral Resources, Government of Bangladesh reads as follows: 29.4 underground service lateral ..Category: Business or Commercial Law | Date: | Hits: 147
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......udgment Bimalendu Bikash Roy Choudhury J.- By this petition, leave is sought to appeal from the order of a Division Bench of the High Court Division upholding an order of the Subordinate......he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ..Category: Property Law | Date: | Hits: 52
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ...... a learned Single Judge of the High Court Division by a common judgment affirmed the decision of the Subordinate Judge and discharged the Rules. Pre-emptor petitioner is now seeking leave to appeal from the impugned judgment of the High Court Division by filing two separate leave petitions. ......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ..Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......d by the High Court Division in Criminal Revision No. 395 of 1994) Judgment Md. Abdur Rouf J.- This appeal, following leave, by the convict appellant, Abul Hossain Mollah alias Abu Mollah is from the Judgment and Order dated 21st May, 1996 passed by a Single Bench of the High Court Division......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ..Category: Anti-Corruption Laws | Date: | Hits: 71
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ......978.) Judgment Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal is from the judgment dated 23 January 1992 of the High Court Division in Second Appeal No. 534 of 197......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ......p;Mustafa Kamal J.- This petition for leave to appeal by the writ petitioner-Government, which is barred by 32 days and the delay in filing which is condoned because of the explanation offered, is from the judgment and order dated 17-7-95 passed by a Division Bench of the High Court Division in ...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..Category: Property Law | Date: | Hits: 58
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......tle Suit No.22 of 1995 under section 73 of the Trade Marks Act, 1940 before the District Judge, Dhaka for permanent injunction restraining the defendant-petitioners, Universal Pharmaceutical Ltd., from marketing and selling their product using the trade mark “ORALSALINE” and to withd......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ..Category: Intellectual Property Law | Date: | Hits: 242
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......nd SCC Judge, Dhaka in SCC Suit No. 1 of 1988, decreeing the suit for ejectment of a monthly tenant. 2. Plaintiff Sufia Akhter Alam (since deceased) filed the suit for ejectment of defendant No.1 from the suit shop claiming that defendant No. 1, was a defaulter. Her case is that, her mother Riji......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..Category: Tenancy Law | Date: | Hits: 78
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......r for the custody of those children. 3. Facts as disclosed by the mother in her writ petitions, briefly, are that, she is a British citizen having been born in England on 24-4-1968. Her father is from Bangladesh having been a member of the Dagon Bhuiyan Union Parishad and her mother being a resi......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......maintenance of the family while he left for London to his place of business. He, however, visited Bangladesh from time to time. Respondent No.1 noticed in course of time and came to know from various sources that his wife was living an immoral life, taking advantage of his absence from Dhaka and was..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......ndant No.4 was added as a defendant vide Order No. 17 dated 16-6-76. Defendant No. 4 denied the plaint case of agreement of sale dated 15-11-70 and 31-3-73 and claimed to have purchased the suit land from the owners-defendants at a consideration money of Taka 5,000.00 by two deeds dated 12.3.73 on t......red documents and in a suit for specific performance of contract the primary question is whether the plaintiff has been able to prove the genuineness of the agreement by producing cogent reliable and independent evidence. The lower appellate Court on wrong assumptions held that tendering of money an......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......ismissed. The Limitation Act, 1908 (IX of 1908), Section 18 The Evidence Act, 1872 (1 of 1872), Onus of Proof Fraud having been perpetuated on the mother, the question of limitation will run from the date of knowledge of the impugned deed of sale and consequently the suit cannot be barred b...... is not barred by limitation as the plaintiff herself proved her date of knowledge as on 19-2-77 and as the Suit was filed on 7-3-77; that the plaintiff being a pardahanshin village woman did not get independent and free advice before executing the kabala and found that the impugned kabala is collus...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ..Category: Procedural Law | Date: | Hits: 154
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......es 27 & 29 (iii) Allocation of 40% marks for interview in the context of the situation obtaining in our country and in the context of the finding that the guidelines were arbitrarily departed from, was lopsided and was capable of being used arbitrarily and that 15% marks for interview under ...... interpretation of clause (2) of Article 140 is that a law shall be enacted first and the regulations not inconsistent with the law shall follow next. Regulation shall follow the law. It cannot stand independently. No law has been enacted by Parliament under clause (2) of Article 140. The making of ...... of the Constitution provides: ‘The President shall make rule for the allocation and transaction of the business of the Government.” These rules of business, by themselves, are not the origin and source of power of the President to issue the impugned Notifications.The constitutional provisions i..Category: Constitutional Law | Date: | Hits: 185
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....and, without specifically adverting to the findings and reasonings of the trial Court had independently arrived at its conclusion to find the alleged agreement true depending merely on the mechanical corroboration of the evidence of the witnesses without critical examination of the same. The High Co......ned by defendant No. 1. Jonab Ali who has his homestead thereon. The plaintiffs claim that defendant No. 1 who needed money for purchase of land at mouza Bangola in order to shift his homestead there from proposed to sell the same to them in the first part of the month of Falgoon, 1384 BS. There was......plaintiffs’ witnesses and the broad circumstances bearing upon the case. The appellate Court, on the other hand, without specifically adverting to the findings and reasonings of the trial Court had independently arrived at its conclusion to find the alleged agreement true depending merely on the m......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ..Category: Property Law | Date: | Hits: 88
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