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Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......004. Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de facto counterpart of ownership. Possession is a right in the de facto relation ......g. The possessor may be or may not be the owner of the thing. Possession confers more than a personal right to be protected against wrongdoers. It confers a qualified right to possess, a right in the nature of property which is valid against everybody who cannot show a prior or better right. The law..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......s Case is also Reported in: 57 DLR (2005) 626. ......r this agreement, which cannot be satisfactorily disposed of by mutual agreement, the consultant shall, within a reasonable time, submit a written statement to the Kartripakkha briefly describing the nature of the problem, the position of the consultant regarding the issue and narrative of the facts..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ...... suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......operty or not as is barred under section 102 of the Waqf Ordinance 1962 inasmuch as to challenge, the order of eviction passed under section 64(1) of the Waqf Ordinance and that the dispute regarding nature and character of the property as waqf is to be determined under the provision of section 50 o..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Mukul Vs. State, 2004, 33 CLC (AD)
.... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......ort it was noted that death of Swapna Begum was due to asphyxia resulting from strangulation by manual pressure on the neck and upper part of the chest which was ante‑mortem and homicidal in nature. 8. The trial Court on consideration of the evidence held the condemned prisone..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......rt Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ...... agreement for creating further charge on the deed for the loan of Coast Marine Lines, Limited Admittedly, no issue on the basis of the said denial of the parties was framed regarding the disputed nature of mortgage as alleged in the said Artha Rin Adalat Suit. DW, 1 Mr. Azfar Ahmed, an officer o..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......o. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......w as the same is never meant for rehearing of the matter closed by a judgment but could be resorted to under exceptional circumstances Generally, a review will only be exercised consistently with the nature of review jurisdiction and with due regard to the principles that there must be an end of lit..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......rojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......uot; X 0.5". (3). One bruise 2" x 1" on right side of the back. Death according to him was due to asphyxia as a result of strangulation which was ante-mortem and homicidal in nature. 5. Prosecution case programmed in First Information Report and unfolded during trial wa..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ......the said appeal, which has been called in question before this Court. 4. Mr. Fida M Kamal, the learned Additional Attorney‑General, has accordingly, submitted that ad interim relief in the nature of stay could only be granted in aid of and/or ancillary to the main relief upon issuance of ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......peal is allowed. There is no order as to costs. Ed. ......rectly held that there has been no procedural defect in the departmental proceeding. But, in our view, the order of dismissal from service has been made unreasonably severe in consideration of tile nature of the guilt and the said order is liable to be modified, allowed the appeal in the followi..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... appeal is allowed. There is no order as to costs. Ed. ......ged legality of the letter dated 13‑9‑1998 primarily contending that his appointment was terminated upon making allegation of receiving complaint against him but without disclosing the nature or particulars of the allegations said to have been received against him as well as without ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ...... 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ...... that delay in the termination of criminal proceeding should not be the ground for quashing the same is of substance looking from the stand point of public policy but there may be case of exceptional nature where prosecution unnecessarily and without justification or in the absence of reasonable gro..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......part of the body of the deceased which caused death of the victim Khaled. The fact that deceased did not die at the scene of the occurrence but died at the hospital is no ground to mitigate as the nature of the injury was obviously as such that was likely to cause death. On perusal of the impugn..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......ment March 20, 2004. The Code of Civil Procedure, 1908 (V of 1908) Section 107(2) The Evidence Act, 1872 (I of 1872) Section 73 The High Court Division is competent enough to compare signature of the defendant in the bianapatra with available authenticated signature of the defendant. T..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......
(b) Absence of profit motive or gainful objective is irrelevant, be the venture in the public, joint, private or other sector.
(c) The true focus is functional and the decisive test is the nature of the activity with special emphasis on the employer-employee relations.
(d) If the org..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......eiterated by our Appellate Division in the case reported in 3 BLC (AD) 213 where it has been held that a winding up petition is not a legitimate means of seeking to enforce payment of a liability the nature of which is bona fide disputed by the company. It has further been observed that the defence ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......e with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......fficer (PW 12) holding inquest also found injuries on the person of the victim, that the medical evidence proved that victim Shafali Begum died due to injuries which were ante mortem and homicidal in nature, that the condemned prisoner did not inform the parents of Shafali Begum or to the local poli..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......n of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......lenged and the Appellate Division held as follows: "From the facts as stated above, submissions made by the learned Counsels and authority cited above by them, it appears that in view of the nature of tenancy of respondents Nos. 6 and 7 respectively separate considerations are required f..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......ife. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ...... cutting of the body of the 7th cervical vertebra. Death, according to Dr. M Shamsul Hassan (P.W.9), was due to shock and hemorrhage resulting from the injuries which was ante-mortem and homicidal in nature. 4. Anjuara Khatun made extra‑judicial confession to Mahbubur Rahman (P.W.2), Abdul Ma..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ...... Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ...... from behind that she raised cry, when the people came there, that the victim was taken to the hospital where she died, that she made statement before a Magistrate on the following day and put her signature in her statement. In cross she stated that the condemned-prisoner had good relationship with ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......dance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......তুকের জন্য মারপিট করে জামাই শামীমাকে মেরে ফেলেছে।” 7. Therefore, we find that all the witnesses make similar nature of statements which are hearsay evidence. We find that none of them are eyewitnesses of the..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
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