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Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ...... the learned Magistrate in consideration of the submission of the parties, directed that there should be further investigation in the case by an officer superior to the Investigating officer in the interest of justice. 3. The accused being aggrieved by the said order unsuccessfully..Category: Criminal Law | Date: | Hits: 74
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. ......not binding upon the plaintiffs. 3. The suit was contested by defendant Nos.1 and 2 by filing separate written statements. According to the defendants Patani Sundari Dassaya had life interest in the suit land and the transfer was made for legal necessities, namely, to clear her old..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......He was in England from July, 1987 to October, 1990. He came to know about the case after the appellate judgment was passed on 12-5-91. As such, he should be allowed to cross-examine the PWs in the interest of justice. 5. By an order dated 15-5-94 the Additional District Magistrat..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......ein a true copy of the order dated 8-11-86 passed by Mr. HM Ershad, Chief Martial Law Administrator was quoted showing that he was dismissed from service under Martial Law Order No.9 of 1982 in the interest of Government with immediate effect. 3. The respondent challenged the said ..Category: Administrative Law | Date: | Hits: 125
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......from Kali Prashad Chakraborty and others, ex-landlords of Nayasarak, Sylhet. On the death of his father the petitioner became an owner thereof along with the co-sharers. They had no rent-receiving interest. During the survey settlement made under the State Acquisition and Tenancy Act, 1950 the s..Category: Property Law | Date: | Hits: 90
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ...... others……………Respondents Judgment August 26, 1997. The Constitution of Bangladesh, 1972, Article 102 The writ petitioner has been able to make out a case that its own private interest is so overwhelming that public interest should be subordinated thereto by issuing an interi..Category: Others | Date: | Hits: 113
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......ong that it will outweigh the consideration of sub-clause (a) or (b) of clause (4). Generally speaking, impeding the assessment and collection of public revenues is otherwise harmful to the public interest. In cases where no jurisdictional issues are involved and when the manufacturer, trader or..Category: Criminal Law | Date: | Hits: 119
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. ......power line within seventeen hours in the manner not helping restoration of the power in the cooling plants is no restoration in the eye of law. The plaintiff appellant is entitled to the statutory interest under section 47B of the Insurance Act 1938 and the High Court Division not granting the s..Category: Business or Commercial Law | Date: | Hits: 147
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. ......he death of Nimai Chand the plaintiff who happens to be his only son got the property by way of inheritance. He has since been in possession of the said land. The defendants have no right, title or interest therein. However, they managed to have the said land recorded in their names on the plea t..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. ......that the plaintiff is a co-sharer in the case property. The suit was dismissed by the trail Court but on appeal, Title Appeal No. 1 of 1985, the suit was decreed. Mohammad Ali (Ratan) purchased the interest of Soleman and possession of the case property. That case was also contested by the Gover..Category: Property Law | Date: | Hits: 58
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ...... their father they have been possessing the suit land by bargaders for more than 12 years and thereby they have acquired title to the suit land by adverse possession also. During SA operation 8 annas interest of the suit land was wrongly recorded in the name of their uncle Haji Abdullah who on sever..Category: Property Law | Date: | Hits: 93
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......d in the suit prior to withdrawal……………………(4) The plaintiffs’ suit was dismissed and the withdrawal of the suit without any permission to sue afresh will not prejudice any vested interest of the defendants who cannot be vexed with any further litigation on the same cause of acti..Category: Property Law | Date: | Hits: 77
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ......ial court, the proper course is to sent back the case on remand to the appellate court for re-hearing the appeal upon proper assessment of the evidence on record. But there may be cases where, in the interest of justice, the High Court Division may also consider the evidence which were not considere..Category: Property Law | Date: | Hits: 74
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. ......er or anybody on his behalf, the aggrieved mother has the right to move the High Court Division under Article 102 of the Constitution for immediate custody of the children which may be ordered in the interest of the welfare of the said children……………….(33) Cases Referred to- Abu ..Category: Family Law | Date: | Hits: 250
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. ......“the President shall consult a commission” is not mandatory. When, however, a law or regulation is framed requiring consultation but no consultation is made, the Court may interfere in the public interest. We would not like either to diminish or to exaggerate the importance of a Commission in..Category: Constitutional Law | Date: | Hits: 185
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......aside on contest; that in TS 126 of 1989 respondent No. 1 sometimes filed hajira/petition on behalf of his son and sometimes for the complainant who are respectively plaintiff and defendant and their interests are conflicting and thereby respondent No. 1 committed gross professional misconduct; that..Category: Others | Date: | Hits: 105
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ...... the said land. They erected structures and planted many trees. They had also mutated their names and obtained separate Khatian in respect of the said land. But the defendants having no right, title, interest and possession have been threatening the plaintiffs with dispossession from the suit land. ..Category: Property Law | Date: | Hits: 83
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ...... spite of promises did not pay the same. After coming to learn that the vessel may leave Bangladesh at any time plaintiff issued a notice on 2-12-1996 demanding immediate payment of the dues with 20% interest but defendants paid no heed to the demand of the plaintiff. So the plaintiff was compelled ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......llip;………………(11) (ii) The High Court Division should not entertain writ petitions against interlocutory orders passed by the Election Tribunal in the interest of speedy disposal of election petitions ……….(13) ..Category: Election Law | Date: | Hits: 109
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