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Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)

....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......vs. Idris Ali Bepari, 11 DLR 169; Abdur Rahman vs. Haji Ranga Laskar, 15 DLR 274; Altafur Rahman vs. Tamijur Rahman 30 DLR (SC) 236. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, Mahbuby Alam, Advocate with him, instructed by Sajjadul Huq, Advocate-on-Record &mdash......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ..

Category: Property Law | Date: | Hits: 60

Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)

.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......vs. Mohammad Hadi (1898) LR 26 IA 38; Jaydayal Poddar vs. Bibi Hazra (1974) 2 SCR 90; Mohammad Sadeq Ali Khan vs. Fakhr Jahan Begum (1932) 59 IA (PC) 1. Lawyers Involved: SR Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Appellants. ...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..

Category: Procedural Law | Date: | Hits: 140

Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)

.... a Division Bench of the High Court Division came to the conclusion that an “agreement for reconveyance with a deed of sale as contemplated under section 95A of the Act is not required to be compulsorily registered as required under section 95(2) of the Act and as such, the finding of the ......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......p;……………Respondents Judgment October 30, 1996. Lawyers Involved: Abdus Sobhan, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Haroon-or-Rashid, Advocate, instructed by Sharifuddin Cha......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ..

Category: Property Law | Date: | Hits: 72

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 ......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 ...... Vs. Shamsuzzoha and others............ Respondents Judgment      November 5th, 1996 Lawyers Involved: Md. Aftab Hossain Advocate-on-Record--For the Appellants. Miah Abdul Gafur, Advocate-on-Record--For the Respondent No.  ......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 ..

Category: Property Law | Date: | Hits: 77

Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)

....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......t-Appellant Vs. State and another ……………….Respondents  Judgment August 11, 1996. Result: The Appeal is allowed. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant.......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..

Category: Criminal Law | Date: | Hits: 78

Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)

.... was granted. Accordingly, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... was granted. Accordingly, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ………………………&he...... was granted. Accordingly, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..

Category: Administrative Law | Date: | Hits: 106

Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)

....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......on was a person aggrieved within the meaning of clauses (l) (2) of Article 102 of the Constitution since the Association has an interest in ventilating the common grievance of all its members who are retired Government Employees. For fulfilling the constitutional promise of economic justice, the Cou...... 8 Absolute trust and faith in the Almighty Allah necessarily mean the duty to protect His creation and environment. The appellant is aggrieved, because Allah’s creations and environment are in mortal danger of extinction and degradation: Per Mustafa Kamal J delivering The Full Court Judgment. ......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..

Category: Constitutional Law | Date: | Hits: 450

Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)

....e plaintiff.  We find no ground for interference.  The petition is dismissed. Ed.    This Case is also Reported in: 50 DLR (AD) (1998) 210. ......e plaintiff.  We find no ground for interference.  The petition is dismissed. Ed.    This Case is also Reported in: 50 DLR (AD) (1998) 210. ......nt Judgment      July 9, 1997.  The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 15 Requirement of the demised premises for an adult son and a widowed daughter of the plaintiff cannot be said to be a requirement of anyon......e plaintiff.  We find no ground for interference.  The petition is dismissed. Ed.    This Case is also Reported in: 50 DLR (AD) (1998) 210. ..

Category: Property Law | Date: | Hits: 71

Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)

.... having been exercised judiciously there is nothing for our interference. The petition is dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ...... having been exercised judiciously there is nothing for our interference. The petition is dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ......udgment June 26, 1997. The Code of Civil Procedure, 1908 (V of 1908) Order XXII rule 3 The civil revision case having been disposed of two years back there remains nothing for recording an order of abetment in the case which was disposed of on merit by the learned single ...... having been exercised judiciously there is nothing for our interference. The petition is dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ..

Category: Civil Law | Date: | Hits: 150

Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)

....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ...... March 1, 1998. The Public Demands Recovery Act, 1913 (III of 1913), Section 10A The Constitution of Bangladesh, 1972, Article 65(1) Articles 27 & 31 All the defaulting borrowers of Krishi Bank are entitled to equal protection of law provided by the Act by way of appea......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..

Category: Business or Commercial Law | Date: | Hits: 150

Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)

....d above, we do not find any illegality in the impugned judgment.  The petition is dismissed.  Ed.  This Case is also Reported in: 50 DLR (AD) (1998) 171. ......d above, we do not find any illegality in the impugned judgment.  The petition is dismissed.  Ed.  This Case is also Reported in: 50 DLR (AD) (1998) 171. ......……………..Defendant  Judgment April 28, 1997. Principle of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in view of the provision of section 205 of the Hindu Law alienation of the s......d above, we do not find any illegality in the impugned judgment.  The petition is dismissed.  Ed.  This Case is also Reported in: 50 DLR (AD) (1998) 171. ..

Category: Property Law | Date: | Hits: 61

Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)

....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ...... (Civil)  Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Railway and ors. ……………………………&hellip......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..

Category: Administrative Law | Date: | Hits: 130

Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)

....High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ...... Judgment July 13, 1998. The Code of Civil Procedure, 1908 (V of 1908), Section 24(1)(b)(i) The petitioner has not given any hard evidence of the trial Court’s fear or favour of and for the District Judge concerned, who is a party to the case. The High Court Divi......High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ..

Category: Property Law | Date: | Hits: 71

Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)

....The order of conviction is therefore set aside.  The petition is disposed of in the above terms.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......The order of conviction is therefore set aside.  The petition is disposed of in the above terms.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......lip;…………… Respondent  Judgment January 28, 1997.  The Penal Code, 1860 (XLV of 1860) Section 467 To secure a conviction for forgery under section 467 of the Penal Code, it must be specifically proved that the executant b......84. An appeal was taken against the order of conviction and sentence and a Division Bench of the High Court Division by the impugned judgment and order dated 6th April 1993, dismissed the same but reduced the sentence of the accused-petitioner to the period already undergone by him i.e. about 2 ..

Category: Criminal Law | Date: | Hits: 92

Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)

....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......ate defence of the body extends to the voluntary causing of death if the offence which occasions the exercise of the right is an assault which may reasonably cause the apprehension of either death or grievous hurt. The evidence in the case must be such that the informant party was carrying on or......89 a Division Bench of the High Court Division by judgment and order dated 20-8-96 altered the conviction of the accused-petitioner and two others to part 1/34 of section 302 of the Penal Code and reduced the sentence to rigorous imprisonment for 10 years each, upholding the conviction and sente..

Category: Criminal Law | Date: | Hits: 96

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. ......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. ......ate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Major (Retd) Ashrafuddin Sekander ……………….Appellant  ...... for us to exercise our discretion a little more, as we find that this is a fit case, as it stands now, to administer justice tempered with mercy. Hence sentence of two foreigner-appellants may be reduced to rigorous imprisonment for 7 years………………&hellip..

Category: Criminal Law | Date: | Hits: 130

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. ......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. ......of 1938), Section 47B The Code of Civil Procedure, 1908 (V of 1908), Section 34 The failure of power supply in the freezing plant is in fact failure of public power supply as per endorsement number 903 of DOS Policy, consequently causing damage of huge quantity of shrimp kept stor...... of the Insurance Act, 1938.  6. Appeal being filed by respondent Nos. 1-2 before the High Court Division, the learned Judges of the High Court Division allowed the appeal in part and reduced the amount of the decree to Taka 1,29,34.622/40 being 55% of the amount claimed by the appe..

Category: Business or Commercial Law | Date: | Hits: 147

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. ......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. ......n Sarker J Fatema Bibi……………………………………………………..Pre-emptor-Petitioner Vs. Sree Manik. Lal Somaddar & others………&he......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. ......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. ...... Vs. State………………..Respondent Judgment May 4, 1997. The Penal Code, 1860 (XLV of 1860), Section 471 The punishment being awarded under section 471 of the Penal Code for four years along with fine instead of maximum of two years along with fine, the highest punishmen......of maximum of two years along with fine, the highest punishment provided for under section 471 being two years of imprisonment, and also considering the circumstance on record, the period of sentence reduced to the period already undergone and remitting the sentence of fine…………………….(..

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. ......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. ...... The Code of Civil Procedure, 1908 (V of 1908), Section 100 (Repealed)  In a second appeal findings of fact cannot be reversed unless those are vitiated by misreading of evidence or non-consideration of material evidence. In the present case important material evidence had been......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