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Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....ddin and that the said murder was committed in pursuance of their abetment. In this view of the matter we are unable to agree with the learned Deputy Legal Remembrancer. 18. For the reasons stated above, the order of conviction, we think, should be an order for retrial of the accused unde......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....uit in question, as the defendants did not give up possession of the lands in suit in spite of repeated demands. 3. The suit was contested by the defendants 1 and 2 who filed joint written statement denying right, title and interest of the plaintiff in the lands in suit. The said defenda...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....k on the same day at about 4.30 PM which was recorded by PW 6 Mr Murtaza Ali, Sub-Inspector of Police attached to Kaligonj Police Station who was in charge of the thana at that time, on the verbal statement of the complainant. The Police Station is ten miles from the place of occurrence PW 6 too......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. ..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....ndant No. 1 the Province of East Pakistan in which the other defendants namely, defendants 2 to 7, have no title. Originally the suit land was held in under raiyati right by one Baker Ali under Wakf Estate whose Mutawalli was one Shayesta Khan. The Wakf Estate brought a title suit being Tide Suit No......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....26-4-97 (Annexure-L) issued by the Bangladesh Bank complaining violation of section 25(3) of the said Act by the petitioner-company. 7. In their affidavit-in-opposition respondent Nos. 1-3 stated that relaxation of section 25(3) was made by notification dated 27-8-95 (Annexure-E) but the......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. ..Category: Business or Commercial Law | Date: | Hits: 96
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....idhan) Ain, 1995, briefly, the Ain. 4. The victim Suma Chatterjee and accused Abdus Salam were arrested by the police on 25-4- 1997 and produced before a Magistrate on 26-4-1997 for recording her statement under section 164 of the Code of Criminal Procedure. The learned Magistrate after recordin......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. ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
.... and the judiciary as a whole. 3. The appellant thereupon entered appearance on the 2nd April, 1995 and tendered unreserved and unqualified apology for having written the Article where, he stated, he had not even remotely intended to give offence or to lower the image and dignity of the ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....graph each was added in the respective suits, paragraph 14A in Title Suit No. 23 of 1993 and paragraph 20A in Title Suit No. 24 of 1993. The impugned decisions turned mainly on the basis of the facts stated in the said amended paragraphs. For the present purpose paragraph 14A may be noticed which ha...... 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...Category: Property Law | Date: | Hits: 77
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ..Category: Anti-Corruption Laws | Date: | Hits: 73
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....66 of 1998. The petitioner filed the writ petition on his own behalf and on behalf of the members of public in general styling himself as a person interested to espouse the cause of the public. He stated that Derai Bazar is situated on the bank of river Kalni in haor area under police station De......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. ..Category: Constitutional Law | Date: | Hits: 126
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. ...... 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. ..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....eity as a juristic person has undoubtedly the right to institute a suit for the protection of its interest. So long as there is a shebait in office, functioning properly, the rights of the deity as stated above practically lie dormant and it is the shebait alone who can file suits in the interest......gal necessity or for the benefit of the deity was not binding on her and the deity was still the owner thereof. It was further alleged that Hem Chandra Chakraborty had alone been looking after the affairs of the deity and performing her seva puja, but most of his co-shebaits had left for India a..Category: Family Law | Date: | Hits: 156
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
.... 1975 applicable for the whole of a Pourashava or for 5 to 10 constituencies of a Municipal Corporation at present city corporation or for 5 to 10 Unions are not in force. Respondent No. 1 further stated that provision of Rule 10 of Rules, 1975 was emended through SRO dated 19-1.93 and the said......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. ..Category: Employment/Service Law | Date: | Hits: 69
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....ry were confidential documents. The Court of Inquiry and the Commission of Inquiry were constituted by the Government in exercise of the investigative power of the State to inform itself as to the state of affairs when cyclonic storm and tidal bore hit the country in the night between 29 and 30 ......onfidential documents. The Court of Inquiry and the Commission of Inquiry were constituted by the Government in exercise of the investigative power of the State to inform itself as to the state of affairs when cyclonic storm and tidal bore hit the country in the night between 29 and 30 April,19..Category: Employment/Service Law | Date: | Hits: 89
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....he last night deposit had been correctly entered in the account and he found from the Bank ledger shortage of previous balance. He informed the matter to the Bank Manager and on receipt of the Bank statement it was detected that a sum of Taka 56,000.00 had collusively been withdrawn from the said......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. ..Category: Criminal Law | Date: | Hits: 59
Emran Hossain Vs. State, 1999, 28 CLC (AD)
....n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)
....rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ..Category: Criminal Law | Date: | Hits: 54
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
.... 5. Leave was granted to consider the appellants submissions that the High Court Division erred in law in not adverting to the appellants’ affidavit-in-opposition wherein it was clearly stated that the Notification in question was not applicable to the 3rd and 4th class employees of R......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....es. 13. Dealing next suddenly with the defence case that the occurrence did not take place in the Bichra but at the homestead of accused Matbar Ali, the High Court Division found from the statements of PWs 2-12 that” the Bichra of the informant PW 1’ (forgetting that PW 1 fa......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
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