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Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
.... Mahmudul Amin Choudhury J Asmat Ali………………………. Appellant Vs. Abdur Rafique Mridha and others………………….Respondents Judgment Febr...... Sections 95 & 95A The Code of Civil Procedure, 1908 (V of 1908), Order XXI, rule 34 The President’s Order No. 88 of 1972 created special forum for restoration of mortgaged property. But it did not take away right of redemption available to a mortgagor by filing a mortgag..Category: Property Law | Date: | Hits: 64
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
.... Bikash Roy Choudhury J A M Mahmudur Rahman J Bisheswar Bhattacharjee…………………Petitioner Vs. Shantimoy Bhattacharjee and others………………… Respondents Judgment ......ure, 1908 (V of 1908), Order 11 rule 8 The provision of Order 11, rule 8 of the Code of Civil Procedure is directory in character and the court is yet possessed of powers to extend time in a proper case…………(6) Lawyers Involved: Fazlul Karim,..Category: Procedural Law | Date: | Hits: 97
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....afa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Result: T......s-F & F(1) to be discriminatory without lawful authority. Secondly, no discrimination in fact having been made, the High Court Division was finding discrimination of judicial officers without properly examining the provisions of Annexures-F & F(1). Thirdly, having regard to the stat..Category: Constitutional Law | Date: | Hits: 829
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jharna Rani Saha………………...Appellant Vs. Khondaker Zayedul Hoque alias Jahangir and another……….. Respondent Judgment ......e inhuman to keep the minor victim girl in the jail custody indefinitely and her welfare demands that she should be allowed to come out of unwholesome environment of a prison house. It is right and proper that the victim girl should stay with her parents rather than to give her to the family of t..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
.... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Khaleque Master and others…………Accused Petitioners Vs. State……&hellip......evidence cannot be disbelieved when the witness appeared to be truthful and were telling the truth……………(8) When the High Court Division did not write out a proper judgment the Appellate Division could go through the judgments of the courts below to find o..Category: Criminal Law | Date: | Hits: 61
....ve absolute control. Attendance sheet of those labourers is maintained by the contractors to whom they are responsible. The contractors are liable to compensate the KPM for any default of the workers and such labourers can not be termed as the workers of KPM. The terms of employment must establish a......actor himself or his authorised representative.
16. The contractor will have to remain personally present or keep his authorised supervisor in the working places during the whole working time for proper supervision and smooth running of the works.
17. The contractor shall have to maintain an..
Category: Labour and Industrial Law | Date: | Hits: 163
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....D) (1997) 177. ......fore cancelling his licence on 26-2-94 but since there was no specific allegation of fact or, at any rate, the brief allegation was so vague that there was no opportunity for the respondent to make a proper representation of his case. Mr Ahmed submits that serving of a mere notice without tangible a..Category: Constitutional Law | Date: | Hits: 192
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....p;…………………… Petitioner Vs. Abdur Rahim and 4 others………………….. Respondents ......act of value of Taka 13,60,000.00 for piping and ducting work at the same site. At that time respondent No. 1 was a clerk in the petitioner’s company and was entrusted with dominion over the property of the company at BTV Auditorium construction work site. Respondent Nos. 3, 4 and 5 are th..Category: Criminal Law | Date: | Hits: 93
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....r of Taxes, Dhaka (North) Zone, Dhaka ………..Respondent Judgment January 6th, 1997. Lawyers Involved: Rafiqul Huq, Senior Advocate (Shorful Islam Khan and Ajmalul Hossain, Advocates with him) instructed by Shamsul Haque Siddique, Advocate-on-Record-......posal of these appeals tie that, the appellant company, incorporated under the Companies Act, 1913, owns a factory for manufacturing soyabean oil and vegetable ghee. It was declared as an abandoned property and by order dated 17-5-72 it was placed under Bangladesh Food and Allied Products Cooper..Category: Fiscal/Taxation Law | Date: | Hits: 120
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....Supreme Court Appellate Division (Criminal) ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Abdul Khaleque and Others………………..Petitioners &n......r withdrawal and, as such, the accused persons have no right to file an application for withdrawal under section 494 of the Code of Criminal Procedure. Apart from this the Tribunal after recording proper reasons have refused to accord consent for withdrawal of the case and, as such, no lawful gr..Category: Criminal Law | Date: | Hits: 63
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....ttorney-General, instructed by Mvi Md. Wahidullah, Advocate-on-Record- For the Appellant. Abdus Sobhan, Advocate, instructed by M Nawab Ali, Advocate-on-Record—For Respondent. Khandker Mahbub Hossain, Senior Advocate instructed by Shamsul Haque Siddique, Advocate- on-Record&m......irable and has a corroding effect on the administration of justice itself. For the present purpose, we would only say that some unacceptable principles have been laid down and there has not been a proper disposal of the appeal at all. We therefore propose to make an order of remand and not indul..Category: Criminal Law | Date: | Hits: 77
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....97) 132 ......ithout deduction of 10% of the sanctioned amount which was in violation of one of the conditions Furthermore, the value of the land mortgaged for securing the Loan was over-stated to show the same as proper security. 3. After investigation the police submitted charge-sheet against the petitioners..Category: Anti-Corruption Laws | Date: | Hits: 75
....ppellate Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Md. Abdur Rouf J
Md. Ismailuddin Sarker J
Chairman, Zilla Chora Chalan Daman Samanaya Committee, Mymensingh and another……………...Petitioners
Vs.
Md. Kabirul Islam Beg and 5 others …………......itled to get a notice before sealing of their Mills. If the action was taken for preventing smuggling then no licence should have been given at all, or, if already given, they could be cancelled with proper notice. In any view of the matter, the petitioners have been found to have taken the actions ..
Category: Others | Date: | Hits: 128
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....he Petitioner. Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-—For the Respondent. Criminal Petition for Leave to Appeal No. 36 of 1997. (From the judgment and order dated 23rd March, 1997 passed by the High Court Division, Dhaka in Criminal Misc. Case No.......ure materials and the facts and circumstances of the on her and also on her two unmarried daughters case., the High Court Division failed to exercise which would be intensified and prolonged. In such proper discretion in allowing the respondent to be circumstance she was taken to the Magistrate on e..Category: Criminal Law | Date: | Hits: 115
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J AKM Azizul Islam and another………………Accused-Petitioners Vs. Sta......een submitted implicating them in the case. Moreover, they are being harassed unnecessarily for the last few years under the lame excuse that the prosecution has been waiting for sanction from the proper authority. 3. The proviso to sub-section (5) of section 167 Cr. P. C. provides..Category: Criminal Law | Date: | Hits: 87
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....d in: 49 DLR (AD) (1997) 109. ......claimed promotion as a matter of right in respect of officers of category and was aggrieved by his placement as Grade-V Senior Officer carrying the new scale of pay of Taka 425-1275.00 instead of his proper scale of pay of Taka 1400-2225. He claimed that he sustained a loss of Taka 3.67.039, 86 due ..Category: Administrative Law | Date: | Hits: 131
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....l J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Ezaher Meah & others.............................................. Petitioners Vs Shaher Banu and others……………………………&......st money. It was stipulated that the kabala would be executed within one year from the date of the agreement. Hemendra Narayan died some time after the execution of the bainapatra. As a result the property devolved on his three sons. One of the sons, namely, defendant No. 1-Rupendra Bikash Chowd..Category: Property Law | Date: | Hits: 73
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....ellip;………………………………………………..Appellant Vs. Niropama Ritchil and ors ……………………………&hel......, 1953 stipulating that he would execute and register the deed of sale after obtaining the requisite permission under section 97 of the East Bengal State Acquisition and Tenancy Act, 1950 from the proper authority. He then put him in possession of the suit land on the same day. Since then the pl..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....zair Farooq, Advocate-on-Record— For the Appellant Miah Abdul Gafur, Advocate-on-Record — For the Respondent Civil Appeal No. 97 of 1993 (From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No.&......rees.—(1) A Family Court shall pass a decree in such form and manner, and shall enter its particulars in such register of decrees as may be prescribed. (2) If any money is paid, or any property delivered, in the presence of the Court in satisfaction of the decree, it shall enter t..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
....ry J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …….Respondents Judgment August 11th, 1996 ......e. Further, it is primarily for the Government to decide which case will be investigated by the CID. This is purely an executive action and the Government is free to take any decision for securing proper investigation and for the ends of justice in a case. We find no substance in the submission ..Category: Criminal Law | Date: | Hits: 78
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