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Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......was a salish of village Matbars who sealed the dispute on condition that the plaintiff would give 90 decimals of land and Taka 5,000,00 in cash to defendant No.1 for causing bodily injuries to her person. In pursuance of the agreement, the plaintiff executed the two kabalas in favour of defendan..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......at the learned Single Judge of the High Court Division has misconstrued the meaning of “worker” as defined in section 2(v) of the Act inasmuch as the term ‘worker” does not contemplate only a person who is employed in any commercial or industrial establishment in connection with the work for..Category: Labour and Industrial Law | Date: | Hits: 152
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......….. (8) ‘Wages’ means all remuneration capable of being expressed in terms of money, which would, if the terms of contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, but does not includ..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ...... drastic action was taken following a tragic incident at the doctor’s cafeteria of the Chittagong Medical College Hospital on the 18th October 1993 between 11-30 AM and 12-00 noon. Admittedly, some persons entered into the cafeteria with fire-arms and opened fire indiscriminately, as a result of w..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......nt, namely, 26.7.89. After installation of all machineries BTTB found that BTL was not acting as per contract and this was conveyed to BTL on 12.9.92. The system was operational by January 1991. A person having a cellular telephone could communicate with another person holding a cellular telepho..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......sive privilege of establishing, maintaining and working telegraphs: Provided that the Government may grant a licence, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain and work a telegraph within any part of Bangladesh. 15. Section 8 o..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......pucca structures standing the constitute a single piece of immoveable property it must be held that the defendant No.1 purchased a single piece of property by the two kabalas and, as such, if a person claims pre-emption of either the structure or the land, section 245 of Mulla’s Princi..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......e passed to deprive a defacto possessor of the property. Sub-rule (2) of rule I of Order XL of the Code of Civil Procedure does not authorise the Court to remove from the possession of property any person to whom any property to the suit has not a present right so to remove. 7. In the ins..Category: Property Law | Date: | Hits: 61
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ...... published under sub-section (1) shall be conclusive evidence of the fact that the buildings included therein are abandoned property and have vested in the Government as such. Section 7 says that a person claiming any right or interest in any such building may make an application to the Court of ..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......concluded within 240 days, with an additional grace of 30 days, where after, as per sub-section (4) of section 339C, “further proceedings in respect of the trial shall stand stopped and the accused person released”. That was the right which the appellant was seeking to pursue, but that right was..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ...... 2(1) of President’s Order No. 16 of 1972 and submits that if the owner is not present in Bangladesh or if his whereabouts are not known or if he has ceased to occupy, supervise or manage in person his property then the property becomes ipso facto an abandoned property whether it is enlist..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......d 'Uma'. So far as the 'Jha' schedule property is concerned it was agreed in the course of the suit that this should be kept outside the suit, as all the persons interested therein were not impleaded in&nb..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......id Mujibar Rahman obtained an order of sanction from the Superintendent "of Police, Dacca, for prosecuting the accused Taru Mian. Thereafter he submitted charge-sheet against both the accused persons on 24.6.64. 3. The Court read the accusation and explained the same to the accused u..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......of other witnesses has implicated the accused falsely in this case. 4. It has not been challenged in this case that Dulal Fakir died due to the effect of the injuries that were found on his person by PW 12 Dr Md. Mohsin on 21.7.69. PW 5 Constable Osman Gani recovered the dead body of Dula..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......dispossess the plaintiffs and their co-sharer from a portion of the land of the patta in 1947 resulting in a criminal case under sections 143 and 447 of the Pakistan Penal Code and that two accused persons in the said criminal case including defendant No. 1 were summoned but a solenama disclaimi..Category: Property Law | Date: | Hits: 59
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......ra to initiate proceeding against him under Article 25(3) of the Basic Democracies Order for removing him as Chairman of the said union council on the allegation that he falsely identified certain person as sole heirs of some deceased persons although they had other co-sharers at the time of dis..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......an order passed by Mr. AH Chowdhury, Sessions Judge, Dinajpur, directing that the petitioner Abul Hussain alias Abul Md. be committed to the Court of Session to stand trial along with other accused persons already committed. 2. The facts of the case are, that upon an information lodged by ..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......t C. After the death of Sachindra Nath Biswas his interest devolved on his father Lalit Kumar Biswas. Thereafter Lalit Kumar died leaving behind him a widow Harimati and a son Anil Kumar. These two persons sold away a share in the disputed property to the petitioner by a registered kabala dated 2..Category: Property Law | Date: | Hits: 47
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......i stated in his examination-in-chief that there was a quarrel on the previous night between the deceased and the accused. But in his cross examination he admitted that he did not hear such quarrel personally. He also said that the quarrel in the previous night might have been between the co-wive..Category: Criminal Law | Date: | Hits: 124
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