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Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....t for 1 year, the sentence of fine was kept in tact. The appellants filed a leave petition challenging their conviction and sentence but leave was granted to by us only in respect of the sentence, particularly, in view of the old age of appellant No. 1, Hasan Ali. 2. The allegation again......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ..Category: Criminal Law | Date: | Hits: 60
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....‑sheet in GR Case No. 76 of 1986, on the prayer of the wife of accused Mukhlesur Rahman, petitioner before us, one Moksedul Islam, Assistant Superintendent of Police Criminal Investigation Department, Comilla Camp submitted a preliminary report to the effect that the Criminal Investigation......p; ATM Afzal J: This petition, by an unusual petitioner, arises out of an unusual Criminal proceeding where Police in the name of further investigation made the informant and witnesses of the case accused in the same case resulting in an..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....ntiment was created against him because be was a member of the minority community. 4. On 20.3.93 while the detenu was giving lecture in the Bandar Institute for the orientation of new employees as part of his job he was summoned by the Chairman of the Port Authority over phone and handed over an ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
.... 2. Plaintiff‑respondent is a Bangladeshi businessman residing in London where he acquired a residential house and usually resides there. At the relevant time, in the 'seventies' he had a partnership business with one Asgar Hossain Khondkar who resides in Dhaka, and whenever he visited ......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....t the instance of defendant No. 6, is directed against the judgment and decree of the High Court Division passed in Civil Revision No. 327 of 1980 decreeing the respondent‑plaintiffs' suit in part. 2. Respondent Nos. 1‑3 filed the suit, Title Suit No. 11 of 1972 of the Court of......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
.... the gift is valid but the conditions are void. However, where the intention of the maker of the gift is to transfer the usufruct of the property then in that case a limited interest is created for a particular time and, therefore, conditions can be attached to it such as the reversion of the proper......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....ed lay‑out plan in the land going to be acquired under the two LA proceedings is hit by the doctrine of "promissory estoppel" and or, whether such inclusion originated from any mala fide act on the part of the, DIT, now RAJUK. 3. The appellant's Housing Project, Mohua, is within the Master Pla......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....et Minister out of political rivalry and that the facts alleged against him do not constitute any criminal offence of misappropriation, cheating or forgery. The High Court Division, after hearing the parties, by the impugned order dated 15 July 1993, discharged the Rule issued earlier on the said re...... a preliminary enquiry, lodged a first information report on 31.12.91 against the appellant‑(MP), the Upazila Chairman and some others whereupon Chandanaish PS Case No. 11(12)91 was started. During investigation it was found that in fact 272 bundles of CI sheets had been shown distributed to ficti..Category: Criminal Law | Date: | Hits: 76
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....is Alam, Advocate was accordingly appointed, who filed his report on 27.10.90. Mr. Idris Alam stated in his report that he inspected the suit property at 3 PM on 25.10.90 after having informed the parties through their respective lawyers and the suit land was identified with the assistance of th......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
.... the possession of the appellant in the suit land. 3. The deceased defendant Habiba Banu and respondent Nos. 1 and 2 filing written statements contended that the appellant having not performed his part of the contract within the time stipulated and time being of the essence of the contract was no......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ..Category: Property Law | Date: | Hits: 59
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....o her house at Jessore and filed the petition of complaint on 3-9-87 under sections 363/342/357/379 of the Penal Code. The respondent was summoned by the learned Magistrate and after hearing both the parties and their Advocates the learned Magistrate discharged the respondent under section 241A CrPC......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... pronouncement from this Division. 11. The impugned judgment in these petitions is based mainly on the judgment in the case of A Hannan, 40 DLR 273, one of the learned Judges being himself a party to the said judgment. In order to appreciate the submissions of the learned Additional Attorn...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....In Civil Appeal Nos. 16 & 17 of 1996). AW Bhuiyan, Additional Attorney-General and B Hossain, Deputy Attorney-General — Amicus Curiae (In Civil Appeal Nos. 76 of 1993). Ex-parte — Respondent No. 1, 8-9 (In Civil Appeal Nos. 77 of 1993) Ex-parte — Respo......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ellip;………. Respondents. Judgment August 28, 1995. Lawyers Involved: Shamsul Haque Siddique, Advocate-on-Record —For the Appellant. Ex-parte- the Respondents. Civil Appeal No. 27 of 1995. (From the judgment and Order d......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....e interpretation given to the decree in Title Suit 36 of 1968 with regard to notice under section 5(1a) which may have been rightly held to be unsustainable, but leaving aside that finding, the other part of the judgment of the High Court Division can stand on its own. Lastly, he submits that the qu......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178...Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....nt in all the six appeals by leave from the common judgment and order dated the 5th and 19th August, 1993 passed by the High Court Division in those Writ Petitions making the Rules Nisi absolute in part and containing certain directions. 2. The common case of all the writ petitioners as f......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....that case that without following the procedure as laid down in section 6(5) launching of the prosecution and cognizance of such will be without jurisdiction. The precondition is the obligation on the part of Special Judge for writing to the Government for sanction. Without doing so, he cannot take c...... High Court Division took the view that the question of taking sanction at this stage does not arise as cognizance has not yet been taken. As to the second point it was held that there was no bar for investigation for the satisfaction of the court as to whether the facts disclosed constitute the off..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....f the case, predecessor of the appellants, Akhtar Banu, instituted Title Suit No.9 of 1957 in the aforesaid Court declaration of title to and for recovery and confirmation of possession in certain parts of the suit land. The suit, on transfer to the 5th Court of the Subordinate Judge, Dhaka was......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..Category: Property Law | Date: | Hits: 70
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
..../M (Hull) HO/POL/04/86/ dated 8-4-86 effective for 3 months from 30-3-86, which was extended till 29-9-86 on due payment of further premium. The ship was agrounded from S-4 anchorage at the fore part on the west bank of Passur river at Chalna Port on 7-9-86 at 2050 hours when her anchor dragge...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ts; that the defendant is a defaulter and he has defaulted to pay rents of the disputed premises from September, 1975; that the plaintiffs required the suit premises for Construction of the undone part of their multi-storied building, construction of new gas, water and sewerage lines and for kee......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..Category: Property Law | Date: | Hits: 56
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