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Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......sion held that the both the Courts concurrently found that the transaction by Ext.2 is usufructuary mortgage and the contesting defendants did not file any cross objection or cross appeal against the decision of the Courts below and the concurrent finding of fact based on consideration of the docume..Category: Property Law | Date: | Hits: 60
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133........ Martial Law was withdrawn even then he is entitled to have the review petition decided by a forum to be created for disposing of the application for review. This view of mine finds support from the decision in the case of Mahtabuddin Ahmed Vs. Secretary to the President, People’s Republic of Ban..Category: Employment/Service Law | Date: | Hits: 78
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......me through the impugned judgments. In the peculiar circumstances of the case Mr. Elias was allowed to place before me the evidence of the witnesses examined by the prosecution. To assure of a correct decision in the case it is necessary to scrutinise the relevant evidence on record. 7. PW 1 Mst A..Category: Criminal Law | Date: | Hits: 67
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ......tion only to the Appellate Division and the Appellate Division may review the judgment and order and the same is exercisable in two ways. The power of review is exercised in two ways-(1) Changing the decision of a case by reviewing the judgment originally delivered in that case and (2) overruling a ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......-reply are reiteration of those made in the Writ Petition only with an added statement that the application of the petitioner resting with the authority for long has not been rejected and withholding decision upon petition is bereft of any justification. The petitioner also by filing its supplementa..Category: Others | Date: | Hits: 104
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374....... fresh trial in view of the fact that the petitioner was convicted by a Court and has suffered imprisonment for about 9 years for no fault of his own and in support of the contention be relies on the decision reported in 19 DLR 255 and in the course of reply Mr. Khondker Mahbubuddin Ahmed relies on ..Category: Criminal Law | Date: | Hits: 56
....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......ion. A penalty under section 55 of the Industrial Relations Ordinance, 1969 can be imposed by the Labour Court against any person who wilfully fails to implement any terms of the settlement, award or decision which it is his duty under the Industrial Relations Ordinance to implement shall be punishe..
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......ct and the oral gift is therefore valid to confer title on Marani Paul. 6. Mr. Mokbul Ahmed Chowdhury, the learned Advocate appearing for the plaintiff- respondent, on the other hand, supports the decision of the trial Court and submits that Marani did not acquire any title on the basis of oral g..Category: Property Law | Date: | Hits: 51
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ...... about US$ 50.00 and those were brought on the permission given by the respondents on 13-3-97 within the port area. Similarly, others private parties have also their own private in the port area. The decision to allow handling of such equipment for such purpose by the private parties was taken to gi..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......he title holders of the land and since the purpose of requisition is not in existence the respondents are under legal obligation to release the land in favour of the petitioners. He has referred to a decision in the case of Abdur Rouf and another Vs. Government of East Pakistan reported in 22 DLR 19..Category: Criminal Law | Date: | Hits: 37
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......sions Judge and Special Tribunal disregarding the statements of the witnesses under section 161 of the Cr.P.C. framed charge against the accused appellants which is a mis-conceived one in view of the decision in the case of HM Ershad Vs. State reported in 45 DLR 533 wherein it has been held that con..Category: Criminal Law | Date: | Hits: 47
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......ee and fixed a valuation of its own at the rate of US $ 5500.00 per Metric Ton. The petitioner claims that the Tribunal had passed the order without considering the relevant material and arrived at a decision without any basis. The decision and order of the Tribunal which has been annexed as Annexur..Category: Fiscal/Taxation Law | Date: | Hits: 93
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......s, 1985 it may seem that it is with regard to the terms and conditions of the service of the petitioner and a petition could lie before the Administrative Tribunal. But it is evident that no order or decision in respect of the terms of the service of the petitioner has been finally made by the compe..Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ...... নাই”। 9. Although it was told by one Md. Abdul Aziz, the Controller of Accounts, BCIC that since the loan is under ADP Scheme this falls within the category of short term loan, but no decision for altering the terms of the contract for making the loan as short term instead of long te..Category: Others | Date: | Hits: 95
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......been excluded from the ambit of State Acquisition and Tenancy Act, the land which was settled without number or plot number it can not be exempted from pre-emption. 5. Mr. Azad cites an unreported decision pronounced in CR case No. 943 of 1989 on the same point by a Single Bench finding that the ..Category: Property Law | Date: | Hits: 67
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......t any legal infirmity in the impugned order that may justify any interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. For coming to a correct decision on the point at issue we may profitably refer to the provision of Order 23 rule 1(2) of the..Category: Property Law | Date: | Hits: 88
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......aman. The first information report further mentions that the incident was verbally reported by the Inspector General of Prisons, Bangladesh, to the Secretary, Ministry of Home Affairs, citing lack of decision on the part of the Ministry of Home Affairs, till 16-8-1996 as the cause of delay in the pr..Category: Criminal Law | Date: | Hits: 46
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ......he Constitution and also hits the doctrine of legitimate expectation. 12. In support of his contention on the point of principle of natural justice, the learned Advocate has cited a good number of decisions, such as, in the case of (1) Chairman, Board of Intermediate and Secondary Education, Jess..Category: Others | Date: | Hits: 182
State Vs. Babul Miah, 2010, 39 CLC (AD)
....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......ime of making the confession should be taken together." 13. This arguments were accepted in Balmakund Vs. Emperor, AIR 1931 Allahabad 1 (FB). In that case the Full Bench considered all the earlier decisions on the point and answered the point as under: "Where there is no other evidence and the..Category: Criminal Law | Date: | Hits: 58
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......the Defense of Pakistan Rule published by the Dhaka Gazette dated 4.12.1965, We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision in both the Rules and there is no illegality or infirmity in the above decision so as to ca..Category: Property Law | Date: | Hits: 62
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