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Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
....igh Court Division. The High Court Division also found from the record that the original allottee Md. Shamsuddin entered into an agreement on 11-12-1970 in favour of Sayeda Reba Habib and received part of the consideration money. After his death, his heirs received the balance money and executed....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ..Category: Property Law | Date: | Hits: 57
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ..Category: Election Law | Date: | Hits: 124
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....s of the agreement dated 26-8-1997. The affairs of the company were being conducted and the powers of the directors were being exercised in a manner prejudicial to the legitimate expectation on the part of the petitioner in joining the company. The petitioner therefore prayed for the following re...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
....ecord—For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Ex-parte-Respondent No. 2. Civil Appeal No. 23 of 2000. ...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ..Category: Property Law | Date: | Hits: 56
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... December 10, 1996. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for determination of ...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ..Category: Property Law | Date: | Hits: 58
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....n 145 of the Code of Criminal Procedure and directing the receiver, Officer-in-Charge, Motijheel PS to hand over possession of Holding No. 59 and 59/1 Purana Paltan, Dhaka to Humayun Kabir, second party in that proceeding. 2. The short facts of the case are that, the respond......case are that, the respondent No. 2 the informant first party Mr. Azizur Rahman, Sub-Inspector of Police, Motijheel Police Station on 12-11-1997 recorded a General Diary of Entry No. 1100 and after investigation of the matter submitted Motijheel PS- Non first information report No. 793 of 1997 d..Category: Criminal Law | Date: | Hits: 62
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....without arriving at a finding that notice under section 106 of the Transfer of Property Act was served upon the tenant nor without arriving at a finding that there was a compelling necessity on the part of the landlord for bonafide use of the premises. The learned Judge also found that the appell...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ..Category: Property Law | Date: | Hits: 69
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....ss- examination by the defence to see whether the accused-appellants knew what the case against them is. 13. PW 1 Md. Nazrul Islam, a police officer of Criminal Investigation Department Police, Barisal deposed in cross-examination that accused-Shamim admitted to him that they...... accused appellant insulted her and they having refused to give money the accused-appellants took photographs of Ripon and PW 2 Shiriti Kona Biswas by making them, naked. PW 9 Satinath Mollick, the investigation officer, denied the defence suggestion that he not seize photographs from “Shaw..Category: Criminal Law | Date: | Hits: 72
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... a decree for specific performance of contract in favour of the plaintiff and High Court Division acted illegally in not interfering with the same. He further submits that the petitioners not being party to the contract or privy of the contracting parties and having not purchased suit property f...... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ..Category: Property Law | Date: | Hits: 64
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ......s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ..Category: Administrative Law | Date: | Hits: 117
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....e respondent Md. Nasim Uddin instituted the aforesaid Administrative Case stating that he was a warder in Pabna jail and on 23-10-1992 the Superintendent of Pabna jail ordered for drawing up of a departmental proceeding against him and he himself held inquiry in the absence of the responden......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ..Category: Administrative Law | Date: | Hits: 137
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
.... February 27, 2000. The Waqfs Ordinance, 1962 (I of 1962), Section 43 The petitioner should continue to take part in the affairs of the estate as joint Mutwalli in collaboration with the chief Mutwalli after ......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ..Category: Property Law | Date: | Hits: 47
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....ess of the alleged will stating that it was a product of forgery and not executed by Dayal Chose. 3. The learned District Delegate observed in his judgment that it was admitted by both the parties that the‑ mother of the testator Shusila Bala Ghose was still alive and according to ...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..Category: Property Law | Date: | Hits: 67
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....86 of 1979, decreeing the suit. 2. Respondent No.l. Kazi Asaduzzaman, instituted the suit on the allegations, inter alia, that he was a permanent employee of the Public Health Engineering Department and joined his post on 12.3.58 as a mechanic. On gradual promotion he was working as an Lo......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..Category: Property Law | Date: | Hits: 124
Special Reference No. 1 of 1995, 24 CLC (AD)
.... of law to the Court, the Registrar shall give notice to the Attorney‑General of Bangladesh to appear before the Court on a day specified in the notice to take the directions of the Court as to the parties who shall be served with notice of the Special Reference, and the Court may, if it considers...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....e alleged Trust, in favour of himself. In the aforesaid circumstances respondent Nos. 1 to 3 had to file Title Suit No. 78 of 1992 in the 4th Court of Subordinate Judge, Dhaka for declaration and partition on 20 April 1992. 3. The summons of that suit was served upon the appellant on 23 ......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....dant No. 2, Janata Bank, by filing a written statement supported the case of the plaintiff, but the appellant, defendant No.1 denied all the averments of the plaintiff in its written statement and apart from reiterating the grounds on which the claim was repudiated by the letter dated 16.11.91 Ex......tion No. 19 was invoked by the insurer‑defendant and the plaintiffs Advocate argued that the words 'pending action' do not refer to a suit but to any steps which the company might take in the investigation of the claim. Leach, J, rejected the contention thus: "In my opinio..Category: Business or Commercial Law | Date: | Hits: 114
Yakub Ali Vs. State, 1995, 24 CLC (AD)
....e may cause an enquiry or investigation to be made before issuing process as provided under section 202. Then the Magistrate will have to follow section 203 or 204 as may be considered proper in a particular case. In the instant case these provisions under Chapter XVI are not applicable because ...... 1.10.1994 a daughter of the deceased filed a petition of complaint in the Court of the aforesaid Magistrate who by his order passed on the same day directed the OC Shibganj Police Station to hold investigation in the case treating the petition of complaint as First Information Report. On 5.11.1..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....deration of the entire matter the confession was found to be true and voluntary. The High Court Division ultimately found: "Having taken into consideration the evidence on record particularly the confessional statement of the accused and the recovery of alamats under seizure l...... dead body of Velua Khatun was recovered on 18 May 1987 at 3‑30 PM from the fountain of Rajarkul Tarabunia and an Unnatural Death Case was started. PW 1 Sub Inspector Rafizuddin, in course of investigation of that case, came to know that the appellant had killed his wife because of an unhap..Category: Criminal Law | Date: | Hits: 73
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....te, (AJ Mohammad Ali and Harunur Rashid, Advocates with him) instructed by Md. Nawab Ali, Advocate‑on-Record ‑ For the Appellant (In Civil Appeal No. 49 of 1994). Ex‑parte‑ For the Respondents(In Civil Appeal No. 49 of 1994). Abdul Wadud Bhuiyan, Addi......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
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