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Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......k lease of the same. The plaintiffs prayed for releasing the said property but that was rejected initially but ultimately on appeal the property was released from the list of vested property. But a review application is pending against that order. 4. After the closing of the pleadings issues were..Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......ne occasion on 28-2-83. But as the connected Appeal filed by the condemned prisoner was not fixed for hearing on that day, the Court had no option but to adjourn the hearing of the Death Reference in view of the provision of section 376 Cr.P.C. His attendance in Court that day was not necessary. His..Category: Criminal Law | Date: | Hits: 116
....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......eases to be in employment unless, as the said definition clause clearly makes an exception, such cessation has been in connection with or as a consequence of or has led to, an industrial dispute. The view which has been expressed by the learned Judges of the High Court Division in the instant case..
Category: Labour and Industrial Law | Date: | Hits: 167
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......t clear indication from a reading of S.103 of the Code which has clothed the High Court with the power to determine also issues of fact in order to avoid remand of cases as far as possible. In this view of the matter, we cannot entertain the contention of Mr. Khandker Mahbubuddin Ahmed, that, in a..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......ents Written by Badrul Haider Chowdhury and Shahabuddin Ahmed, JJ; I concur with the decision of Badrul Haider Chowdhury, J. Badrul Haider Chowdhury, J.- I regret that I could not subscribe to the views expressed in the judgment of my brother Shahabuddin Ahmed, J. 2. Leave was granted to consi..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....ght which cannot be prejudiced. 30. As the Rule matured to hearing, Mr. Mused R. Sobhan posited with stentorian emphasis that the maintainability issue as raised by the respondent is an outcome of erroneous interpretation of Article 102 of our Constitution. According to him the very fact that a p...... staff, employees and on 15.08.2006 some coaching staff had sent a letter to the General Secretary of the said respondent to increase their payments. 21. To increase the Federations revenue with a view to diversity the facilities of the players and the staff and also for the face-lifting of the F..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......tary (1969 2 Ch. 149), has flared like wild fire in the old commonwealth, including it’s natal home, Britain, during the decades of 80 s and onward, so much so that more than half of the judicial review cases fall dependant on this dogma.
23. In gist, this doctrine would apply where, a represen..
Category: Civil Law | Date: | Hits: 218
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......nt to execute and register a sale deed in favour of the petitioner within 60 days as it transpired, at the time of appeal-hearing, that the said property had in the meantime vested in the Republic in view of Article 143 of the Constitution because of the death of the said Lady intestate and her atto..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....s erred in law in acting upon the report of an Income Tax Inspector to make the estimate inflated cost of the house and the Taxes Appellate Tribunal equally fell in serious error in confirming such erroneous cost of the house. 5. He submitted that the Deputy Commissioner of Taxes fell in seri......the assessee nor the contents of the report was revealed to the assessee applicant to meet the same and, as such, the impugned order is also violative of the principles of natural justice." 21. In view of the above authorities, reading and showing the contents of the report of the Income Tax Insp..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
.... Court taking the view that these are provisional receipts and that they carry little weight in that "any person interested in a land may pay rent to the Government Acquired Estate." This view is erroneous, for rent-receipts, though no documents of title, are important items of evidence of pos......li Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur reported in 35 DLR (AD) 216. "8. The rent-receipts were excluded from consideration by the lower Appellate Court taking the view that these are provisional receipts and that they carry little weight in that "any person int..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......g a case that is lodging FIR or filing petition of complaint or not. The Form-3 should be modified in light of the amended provision of section 32 of the Anti-Corruption Commission Act, 2004 and in view of the observation made by the Apex Courts of this Sub-continent. 17. Section 32 of the Anti..Category: Criminal Law | Date: | Hits: 156
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......c and fundamental structure of the Constitution i.e. the democracy and the democratic system of government as enshrined in the Constitution. It is contended in its affidavit‑in‑opposition that in view of the bitter experience of the people in the past few elections held in the country, particula..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......Reading the above it can be said that the property is under the control of the mortgagee bank, besides, the power to sell the property has been expressly conferred upon the mortgagee bank and in such view of the matter the bank is going to sell the property by exercising the power of the mortgagor c..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ...... confessed, as has been alleged by the prosecution, to the Magistrate who simply copied the statement of Nizamuddin. The condemned‑prisoner was taken on remand in police custody and tortured with a view to extracting confessional statement and on 11‑5‑1990 he retracted the alleged confessional..Category: Criminal Law | Date: | Hits: 164
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......mbs. First is, whether Section 494 of the Code of Criminal Procedure is applicable to cases triable under Special Powers Act of 1974. Mr. Latifur Rahman for the appellant has very little to say, in view of the manifest provision in the Special Powers Act, making the provisions of the Code applicab..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......uxiliary or additional security for the cash credit facility raised to the extent of Taka 90,00,000/- in favour of the respondent; and stamp duty is chargeable under clause (c) of Article 40. In my view the Special Bench of the High Court Division has correctly answered the question, and the appea..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....he land was re-sold to the original vendor one month before the application for pre-emption was filed and it is in his possession. In the circumstances, the view taken by the High Court Division is erroneous. In the result, the appeal is allowed the impugned orders allowing pre-emption are set ......is held, for the sake of argument, that the application is maintainable. The learned Advocate has placed reliance on a great number of decisions in support of his contention as against the contrary views taken in different cases which have also been referred to by him. The learned Judges of the Hi..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... Case Referred To- State of Kerala Vs. TP Roshana, AIR 1979 (SC) 765; Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporations and others, 55 DLR (AD) 23; R Vs. Lowle, 1759 Judicial Review of Administrative Action, 4th Edition 584; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 454; R Vs. He..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......tion, question of inquiry under section 20 of the Financial Institutions Act, 1993 does not arise. The executing Court did not commit any illegality in rejecting the petitioner’s application. In view of the above, we do not find any substance in the Rule. Accordingly the Rule is discharged, how..Category: Civil Law | Date: | Hits: 129
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