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Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....dition of opposite party in the suit cannot be said to be not necessary. Such addition of a subsequent transferee would not prejudice the plaintiff rather would help him to get possession of the suit-holding if he ultimately succeeds in the suit. Presence of opposite party No.4 would assist the Cour......, entered into a agreement with said third party for sale of the suit holding at a consideration of Taka 36,00,000 and on receipt of Taka 9,00,000 on 8‑12-2002 executed an agreement and handed over possession of the holding to him. To protect his right and actual physical possession under the..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....ndemned prisoner was at his house when Shafali Begum died, that the informant saw injuries on the person of Shafali Begum after his arrival at the place of occurrence, that the police officer (PW 12) holding inquest also found injuries on the person of the victim, that the medical evidence proved th......about the incident from Ali Ahmed (PW 3), the informant has come to the place of occurrence and seen that Shafali Begum has been lying dead in the west Bhiti hut. The dead body has been kept under a cover. He has noticed injuries on her person. The condemned prisoner has assaulted the victim with ch..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....addressed to six occupants including Jalil Brothers and subsequently, directions were also issued to 39 occupants of the premises to pay rent including outstanding rent to the respondent No. 1 as the holding was released in his favour by memo dated 26‑4‑82; subsequently, the Government through o...... Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972, Article 10 The predecessor of the appellant having been inducted in the premises in dispute as an allottee of the government after the property was declared abandoned, the appellant, not being in the same footing, c..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....ection 95 (2) of the State Acquisition and Tenancy Act, 1950 every usufructuary mortgage shall be registered under Registration Act and the word "shall" being mandatory means "must". Transfer of a holding or of portion or a share thereof either by way of an out and out sale with an Agreement of ......or opposite party No.1. Civil Revision No.4822 of 2000. Judgment AK Badrul Huq J.- A Judgment of volte face recorded by learned Appellate Judge in Miscellaneous Appeal No.8 of 1999 overruling rendered by learned trail judge in Miscellaneous Case No.4 of 1989 laid under section 96..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....d substance in submission of the learned Assistant Attorney General." 13. In the case of Asiman Begum the Appellate Division observed: "The learned judge of the High Court Division was right in holding the (Bishesh Bidhan) Adalat under the aforesaid Ain of 1995 could not try an offence under t......h it is conceivable might assist in arriving at truth. But that which has been eliminated has been considered to be of such doubtful value as on the whole to be more likely to disguise truth than discover it. It is, therefore, discarded for all purposes and in all circumstances. To allow a judge to ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....reversing the judgment of the trial Court must discuss and consider the material evidence on record……..(6) The High Court Division rightly decided the case holding that the summary finding of the appellate Court that the disputed transfer is an exchange n....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....ing the accused petitioners from the case. Against this order of the learned Magistrate, the opposite party No.2 informant as petitioner filed a naraji petition which was allowed with a direction for holding judicial enquiry. The learned Magistrate after holding judicial inquiry submitted a report f......offence alleged to have been committed under sections 315/316 or 304A of the Penal Code in respect of the child born dead which, in fact, was the outcome of an offence due to criminal negligence. Moreover, the learned Magistrate who held judicial inquiry also found prima facie case against the accus..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....manager, or other official responsible to the company for conduct of its business shall be deemed as such to be guilty of the offences as the primary offending company or body corporate. But prior to holding any director, manager or other official responsible for an offence and convicted, it is incu......y. Therefore, in accordance with the well‑settled principles, such section should be constructed strictly. The words “responsible for the conduct of its affairs" mean that the person should be in overall control of the day‑to day business of the company, namely in the present cast the busine..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....wo project areas vulnerable to river erosion and onslaught of flood affecting their hearth and home and livelihood. He submitted that the learned Judges of the High Court Division erred in law in not holding that the writ petition was not maintainable at all inasmuch as the writ petitioners were non......vide US Dollar 42.20 million to implement Jamuna‑Meghna River Erosion Mitigation Project (JMREMP); that total estimated costs involvement for the project is 61 million US dollars, out of which the Government will bear roughly one third of the total costs; the project included river protection work..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
....nt No. 1 within a period of 3 months from the date of receipt of the impugned order. 2. Respondent No. 1 as the writ‑petitioner filed the above writ petition impugning listing of holding No. 9/28, Block C, Mohammadpur, Dhaka in "Ka" list of the abandoned property publ......missed. Ed. ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....alleged theft of medicine from the store and that he was innocent. The explanation submitted by the respondent No.2 was found not satisfactory and a three-member Committee was constituted for holding an enquiry into the charges brought against respondent No.2 and asked him to appear before ......Tribunal below to see as to whether there is compliance of the relevant provision of law or principle of natural justice. It is an established principle of law that the Labour Court sitting over the order of the authority concerned has the power to see whether enquiry Committee proceeded ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....every court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it, the High Court Division was in error in rejecting the review application holding the same not maintainable an it has also been submitted that the High Court Division failed ......arma vs Ariban Pishak Sharma and others AIR 1979 SC 1047; of 2000). Shivdeo Singh vs State of Punjab AIR 1963 SC 1909; State of Kerala vs PK Syed Akbar Sahib AIR 1988 SC 702; Azra Zaman Chowdhury vs Government of Bangladesh and others 34 DLR 247; Omar Faruk (Md) and others vs Government of Banglades..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....er title to nor possession in the suit land in suit and the suit was barred by limitation. 5. On appeal the High Court Division reversed the finding of the trial Court as to limitation holding that against the wrong entry in the SA and RS Khatian suit was not needed be filed within 6...... ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Jashimuddin Vs. State, 2004, 33 CLC (AD)
.... this leave petition. 4. Mr. Md Nawab Ali, the learned Advocate-on‑Record appearing for the petitioner, submitted that the High Court Division committed an error of law in not holding the view that the conviction and sentence passed by the Special Tribunal Judge without exami......m, then they tried to flee away but one of them was caught and after interrogation he told that his name was Jashimuddin of Shaik Para, PS Ramganj. District Noakhali and on searching his body they recovered one bomb and four bullets from his pocket. He also stated that they have committed dacoity in..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....ct for sale of immovable property and the stipulation requiring payment to be made within 4 months having been given a gobye by the subsequent conduct of the parties, the High Court Division erred in holding that the petitioner committed breach of contract in failing to pay up the balance considerat...... has taken possession. The High Court Division erred in law in failing to consider section 53A of the Transfer of Property Act and such error has led to an erroneous decision in giving a decree of recovery of khas possession. Finally, Mr. Ahmed submits that the High Court Division erred in tak..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....port by the police. According to him, the learned Tribunal acted illegally in examining witnesses in support of the said narajee petition, such procedure being applicable only in cases of magistrates holding judicial inquiry under section 200 of the Code of Criminal Procedure. So, he submits that th......as registered. On conclusion of investigation into the case police submitted FRT against the first information report named accused recommending their discharge though the victim Arif could not be recovered till then. The petitioner then submitted a narajee petition before the learned Nari‑o‑Shi..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
.... of the second party respondent in Criminal Revision No. 72 of 1987 the proceeding was dropped setting aside the order of the learned Magistrate dated 14‑61987 allowing the revisional application holding that the parties are in ejmali possession of the case land and that the Non‑GR Case No. 13........................Respondents Judgment August 27, 2003. The Code of Criminal Procedure, 1908 (V of 1898), Sections 145 & 146 Criminal Court exercising limited summary jurisdiction over possession of a property may regulate possession by appointment of a receiver and finally decid..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414