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Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
.... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ...... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ..Category: Property Law | Date: | Hits: 73
Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)
....rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ......rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ..Category: Property Law | Date: | Hits: 51
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
.... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ..Category: Property Law | Date: | Hits: 87
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....the requirements of sub-clauses (3) and (4) of Paragraph 45 of the First Schedule of the Dhaka University Order and Regulations, 1973. The resolution is thus violative of the principles of natural justice as the respondent was not heard at all before adopting the impugned resolution. As such the......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ..Category: Constitutional Law | Date: | Hits: 201
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ..Category: Criminal Law | Date: | Hits: 92
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
.... and cancellation of the licence, dated respectively 15-9-93 and 26-2-94 (Annexure-“C” and “H” respectively to the writ petition) mainly on the ground of violation of the principle of natural justice in that there was no show cause at all in the first case and there was no effective opportun......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
....so required to set up the norms of administrative discipline. Once it is held by the Appellate Tribunal in Atiqullah’s Appeal Case No. 38 of 1988 that it is in consonance with law, equity and justice that Bangladesh Bank is responsible for resolving the complexities arising out of their own...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ..Category: Administrative Law | Date: | Hits: 159
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....of plaint for the same purpose has been rejected, he can always seek remedy in a higher Court. 9. The quashing of criminal proceeding, in our opinion, has not caused any miscarriage of justice it’s the special circumstance of this particular case. The petition is, ......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ..Category: Criminal Law | Date: | Hits: 93
Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)
....bability, the fact remains that as far as the present petitioners are concerned the offence has been found to be proved against them. Overall we do not think that there has been any miscarriage of justice even though the grievance made by the learned Advocate is that all his submissions were not...... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ..Category: Criminal Law | Date: | Hits: 53
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
....t being pressed without assigning any reason and granted full relief to respondent No. 1 without issuing any Rules upon the appellant affording any opportunity to appear In the case o a failure of justice. 6. In the election tribunal case the appellant who was the election petitioner got ...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ..Category: Others | Date: | Hits: 87
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....g compensation in this case was held to be justified which the High Court Division considered not to be arbitrary or without any basis. Finally, the High Court Division held that “for ends of justice the compensation assessed by the learned Subordinate Judge should I maintained”. The......aded in this suit which is liable to be dismissed with exemplary costs. 4. The plaintiff examined 3 witnesses and the defendants examined 2 witnesses. Both exhibited a fairly good number of documents. 5. Both the trial Court and the High Court Division concurrently held upon an exh..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......n 1970. Respondent No. 1 could not also produce any certificate from anywhere relating to the death of Yahiya in 1970. The Court of Settlement also found that respondent No. 1 could not produce any document in support of his contention that Md. Nasim was the only son and legal heir of the lessee..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......e petition of complaint was referred to the Thana Rural Development Officer for enquiry. 4. Leave was granted to consider submission of the learned Advocate for the appellant that the document in question having been produced in CR Case No. 116 of 1983 in the Court of Upazila Magist..Category: Criminal Law | Date: | Hits: 72
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nd usual norms as are followed in an appeal and further has laid down certain propositions which! are unknown and thus are likely to mislead the Subordinate Courts resulting in real miscarriage of justice. The learned Advocate for the respondent even though happy with the result of the appeal an......ts 6f which Court must take judicial notice. Then it provides: In all these cases and also on all matters of public history, literature, science or art, the coup may resort to appropriate books or documents of reference. In England living authors are not regarded as authorities for purpose of ad..Category: Criminal Law | Date: | Hits: 77
....of the respondents.
3. The High Court Division by the impugned judgment and order dated 9 May 1994 observed that the impugned actions of the petitioners were violative of the principle of natural justice inasmuch as the respondents were not given any opportunity to show cause before taking the s......igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
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Category: Others | Date: | Hits: 128
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ......r. 6. In that view of the matter the Advocate Commissioner will make an inventory of only those objects which arc the subject matter of any pledge, hypothecation or mortgage, mentioned in a document of such nature, to which the petitioner is a party. &n..Category: Procedural Law | Date: | Hits: 98
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......ted near the suit property and that the minimum rent for the 65 rooms would be Taka 20,000.00 per month, with regard to other damages, compensation, mesne profits of the vacant land she produced no document to support her claim. In view of the assertions in the plaint and her evidence as PW 1 the..Category: Property Law | Date: | Hits: 72
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....t compliance of section 339D as it then was. The learned Session Judge has observed that it was a fit case for revival as it involves an offence f day-light murder, Thor, has been no miscarriage of justice and there is no reason to interfere with the impugned order upon time-barred petition. ......o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ..Category: Criminal Law | Date: | Hits: 74
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....hat he had no opportunity of availing of the alternative remedy in section 30 of the Special Powers Act. If and when such a case is made out it will be improper, inequitable and indeed a denial of justice if the door is shut upon the face of the accused person. The High Court Division was wrong ...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ..Category: Criminal Law | Date: | Hits: 98
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
.... the suit and its maintainability in its present form wrongly dismissed the suit and the learned Judge of the High Court Division also suffered from the sane misconception resulting in a failure of justice. 6. Mr. Md. Hannan, learned Advocate appearing for the plaintiff-appellants submitt......3 in favour of said Fakir Mohammed and they being the successors of said Fakir Mohammed are the owners in possession of the suit land. 4. Considering the evidence of 7 PWs and 3 DWs and the documentary evidence, the trial Court decreed the suit in part declaring plaintiffs title to 3.20 a..Category: Property Law | Date: | Hits: 79
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