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State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......he murder took place. Mr. Mallick contends that this witness is proved to say things according as he is tutored and, therefore, be is not a dependable witness and he should not be relied upon for upholding the conviction and the sentence of death. We have carefully examined this criticism in its..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....session of the suit property from the time of their lease on 7.3.47 and, as such, the question of limitation did not arise. It was further found by the courts below that the lease in question was for agricultural purpose and, as such, section 107 of the Transfer of Property Act did not operate as a ......ourts below that even if the lease is held to be for non-agricultural purposes still the unilateral patta would .be effective for one year and the plaintiffs would be entitled to retain possession by holding over. The courts below further found that as the plaintiffs had possession in the suit prope..Category: Civil Law | Date: | Hits: 137
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......st. His main submission is that section 25(3) has taken away the right of a corporate entity to be represented by its own directors. A corporate body like a banking company which has a major share holding interest in respondent No. 6 company cannot but be represented by nominees. A corporate bod..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ...... freedom of association has been restricted by section 25(3)……..(20) iii) Section 25(3) does not on terms make any distinction between directors who represent their own share- holding individually and nominee-directors who represent their companies’ share holdings. It ..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......epresented by its Secretary and another…….. Respondents Judgment June 1, 1998. The Specific Relief Act, 1879 (I of 1879), Section 42 The High Court Division was well-founded in law in holding that under the circumstances the plaintiffs have established a case of possession but not of..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......on has failed to construe properly the application for setting aside the abatement which substantially met the requirements of Order 22, rule 9(2)(3) of the Code of Civil Procedure and was wrong in holding that but for a se application for condonation of delay the prayer for setting aside abateme..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......such, her present custody could not be held to be improper or illegal. The High Court Division by the same judgment dismissed the appeal, Criminal Appeal No. 1013 of 1998, of the victim girl for bail holding that the appeal was not maintainable. 11. The appellant being aggrieved by the order pas..Category: Criminal Law | Date: | Hits: 71
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......Class (respondents No. 6 and 7 in the writ petitions) in forcibly entering their premises being part of CS plot Nos. 199,200,201 and 202 of Mouza Sukrabad and comprising Dhaka Municipal Corporation holding Nos. 7/1 and 4/2 Sobhanbag, commonly known as Tallabag, on 11-1-89 and demolishing the sem..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......gst other grounds on the ground of malafide. The civil Court declined jurisdictions in view of the ouster clause. The High Court on appeal set aside the order and remanded the case to the trial Court holding that the Court had jurisdiction to try the suit. The High Court’s order was approved by th..Category: Property Law | Date: | Hits: 77
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....e had no complicity in the matter and he has been wrongly implicated. 10. It has been proved that the accused- petitioner obtained from Nurun Nahar Begum Taka 3,093.00 towards satisfaction of the agricultural loan taken by her husband. The accused-petitioner did not deposit the said money. In th...... 7, 1998. The Penal Code, 1860 (XLV of 1860), Section 471 The Prevention of Corruption Act, 1947 (II of 1947), Section 5(11) (i) Learned Judge of the High Court Division is palpably wrong in holding that when an accused is convicted and sentenced under section 466 he cannot again be convict..Category: Anti-Corruption Laws | Date: | Hits: 73
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ...... the Bengal Ferries Act 1885 which only provides for giving ijara of ferries and the expression ‘Ferry’ being not inclusive of nowka ghat the High Court Division fell in error of law in holding that ferry ghat includes nowka ghat and erred in law in rejecting the writ petition in lim..Category: Constitutional Law | Date: | Hits: 126
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......eady noticed the Rule was discharged by the impugned judgment and order. 8. Mr. Shafique Ahmed, learned Advocate for the petitioner, has submitted that the High Court Division was wrong in holding that there was no violation of any fundamental right of the petitioner. The High Court Divi..Category: Employment/Service Law | Date: | Hits: 63
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ......Rule Nisi was issued calling upon the respondents to show cause under what authority respondent No.1 of the writ petition Md. Shahiduddin Ahmed, then Chief Metropolitan Magistrate, Dhaka, had been holding the said office and had been exercising judicial functions in terms of Notification No. Sha..Category: Employment/Service Law | Date: | Hits: 72
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......raborty moved the High Court Division in revision, Civil Revision No. 7343 of 1991. A learned Single Judge of the High Court Division, by judgment and order dated 28 July 1993, discharged the Rule holding that in the instant case Hem Chandra Chakraborty is shown to be litigating as the Shebait i..Category: Family Law | Date: | Hits: 156
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ...... 6. The learned Counsel for the petitioner argues that a suit for partition of a portion of a joint estate is maintainable. The High Court Division has, therefore, committed an error of law in holding that the instant suit without bringing the entire property of Gunu Mia into hotchpotch is n..Category: Property Law | Date: | Hits: 65
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......itioner cannot make any lawful grievance. 6. Mr. Abdur Razzaq, learned Advocate appearing for the writ petitioner submits that the learned Judges of the High Court Division erred in law in holding that the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) A..Category: Employment/Service Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......aintiff-respondents were not on the record. 7. Mr. Mansur Habib, the learned Advocate for the defendant-appellants, submitted that the learned Single Judge of the High Court Division was wrong in holding that relationship of landlord and tenant between the parties exists merely relying upon the ..Category: Tenancy Law | Date: | Hits: 62
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......ision against the said order of conviction and sentence of the trial. A learned Single Judge of that Division by the impugned judgment and order has acquitted the accused-respondent of the charges holding, inter alia, that in view of the provision of section 8 of the Criminal Law (Amendment) Act..Category: Criminal Law | Date: | Hits: 59
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ...... same having been terminated in the year 1989 and that the application is not maintainable. 6. The Administrative Appellate Tribunal set aside the judgment and order of the Tribunal holding that the application of the respondent was maintainable and that the order of the appellant..Category: Administrative Law | Date: | Hits: 148
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......nfirmed the accused-respondents conviction under section 148 of the Penal Code. Where is the scope to hold that the accused persons acted individually? How can inconsistency be allowed to creep in holding that common object has not been established? 28. Further, if it is a question of in..Category: Criminal Law | Date: | Hits: 80
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