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Altaf Hossain Vs. State, 1997, 26 CLC (AD)

....s Ruma, Sultan and Keru and another co-accused Abdul Kader were convicted under sections 148/302/149 of the Penal Code by the 3rd Court of Additional Sessions Judge, Dhaka by his judgment and order dated 31-7-93 in Sessions case No. 314 of 1992 and were sentenced to suffer rigorous imprisonment ......nd order are set aside.  Let the appellant be released forthwith if not wanted in any other case.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..

Category: Criminal Law | Date: | Hits: 104

Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)

....ed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not Represented —the Respondents. Criminal Petition for Leave to Appeal No. 27 of 1995. (From the judgment and order dated 16-8-94 passed by the High Court Division in Criminal Miscellaneous Case No. 464 of 1994 ) ......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ..

Category: Others | Date: | Hits: 122

Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)

.... Advocate-on-Record—For the Petitioner.  Not represented— The Respondents. Civil Petition for Leave to Appeal No. 902 of 1997. (From the judgment and order dated July 9, 1997 passed by the High Court Division, Dhaka in Civil Revision No.1178 of 1998).&nbs......In any view of the matter the suit appeared to be doomed from the beginning.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ..

Category: Employment/Service Law | Date: | Hits: 94

Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.

....itions)  Not represented — Respondent Nos. 3-6 (In both the Petitions). Civil Petition for Leave to Appeal Nos. 606 and 614 of 1997. (From the judgment and order dated 24 February 1997 passed by the High Court Division in Writ Petition No. 2822 of 1996). ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action.  The leave petitions are, therefore, dismissed. Ed.  ..

Category: Business or Commercial Law | Date: | Hits: 117

Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)

....; Judgment                Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal is from an order dated 7 March 1996 of a Single Judge of the High Court Division summarily rejecting a revisional a......ance in the contention of the learned Counsel for the petitioner.  The petition is accordingly dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ..

Category: Property Law | Date: | Hits: 69

Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)

....d separate appeals against the aforesaid order of conviction and sentence and a Division Bench of the High Court Division hearing the three Criminal appeals together by a common judgment and order dated 11th and 12th January 1995 upheld the conviction of appellants Bernhard Rudigar and David Ant......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed.     This Case is also Reported in: 50 DLR (AD) (1998) 108. ..

Category: Criminal Law | Date: | Hits: 130

Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)

....equisition of Immovable Property Ordinance, 1982 (II of 1982), Section 12 Payment of compensation was stalled due to raising of objection on an application before the joint Secretary prior to the date of appearance before the Deputy Commissioner for claiming compensation, the question of abetmen......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106...

Category: Property Law | Date: | Hits: 89

Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)

....o are heirs of proforma defendant No. 7 Jaripuddin challenge the judgment and order passed by the High Court Division in First Miscellaneous Appeal No. 379 of 1990, affirming the judgment and order dated 3-9-90 passed by the Subordinate Judge, Rangpur in Miscellaneous Case No. 39 of 1990 dismiss......in refusing to set aside the ex-parte decree.  The petition is dismissed.  Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ..

Category: Property Law | Date: | Hits: 74

Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)

....k rate on monthly rest till  realisation to the extent that the suit was decreed without costs for Taka 1,29,34,662.40 with interest at the rate of 5% above bank rate on monthly rest from the date of signing of the decree by the High Court Division till realisation. 2. The plaintiff......he delivery point in the factory premises is owned by Power Development Board, shortly PDB, and it is the responsibility of the PDB to repair the line and restore defect. Both the courts below on a scrutiny of the evidence found nothing in support of the allegation of the defendant that the under..

Category: Business or Commercial Law | Date: | Hits: 147

Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)

....he High Court Division observed:  “We have also gone through the certified copy of the plaint and it appears that in para 15 of the plaint, the plaintiff has shown several dates of causes of action of the present suit and the last one being dated 6-8-90. The objection......he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ..

Category: Property Law | Date: | Hits: 52

Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)

....ng two separate leave petitions. 2. The pre-emptor’s case, in short, is that, she became the owner and co-sharer of the land of SA Khatian No. 179 of Plot No. 991 by two Kabala deeds dated 12-2-58 and 1-6-76. One Shekhar Chandra Banarjee, a co-sharer of the case holding, sold out ......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ..

Category: Property Law | Date: | Hits: 51

Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)

....ition for leave to appeal by the writ petitioner-Government, which is barred by 32 days and the delay in filing which is condoned because of the explanation offered, is from the judgment and order dated 17-7-95 passed by a Division Bench of the High Court Division in Writ Petition No. 1436 of 19...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..

Category: Property Law | Date: | Hits: 58

Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)

....; or any other trade mark nearer or resembling the trade mark of the plaintiff- respondent which is “ORSALINE” till disposal of the suit. 2. Against the said judgment and order dated 14-11-95 the defendant-petitioners preferred FMA No.24 of 1996 and a learned Single Judge of ......ts copyright.  We do not find any ground for interference.  The petition is dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ..

Category: Intellectual Property Law | Date: | Hits: 242

Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)

....2), 9 & 13(b) The Oath of Office (Union Parishads) Rules, 1983, Rule 2 The failure of the Chairman and the Members to take oath will be inferred only when the Deputy Commissioner fixes a date of taking oath within 30 days of Gazette Notification of the result and the Chairman or Members......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ..

Category: Election Law | Date: | Hits: 110

Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)

....kram Hossain Amin, Advocate-on-Record-For the Appellant. Shamsul Haque Siddique, Advocate-on-Record— For Respondent Nos. 1 and 2. Civil Appeal No. 55 of 1997. (From judgment and order dated 18-7-94 passed by a Single Bench High Court Division in Civil Revision No. 133 of 1990 (Rangpu......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ..

Category: Property Law | Date: | Hits: 83

Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)

....e respondent Janata Bank for recovery of taka 33,86,214.99 in the Court of Subordinate Judge and Artha Rin Adalat No.1 Dhaka. The petitioners filed written statement on 21-3-96 and shortly before the date of final hearing (22-4-97) defendant No.4 filled application on 11-3-1997 for leave to deliver ......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ..

Category: Civil Law | Date: | Hits: 137

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....n Civil Appeal Nos. 59 of 1995). Ozair Farooq, Advocate-on-Record—For the Respondents (In Civil Appeal Nos. 59 of 1995). Civil Appeal Nos. 56 to 59 of 1995. (From the judgment and order dated August 30, 1995 passed by the High Court Division, Dhaka in Writ Petition Nos.1582, 1583, 1584......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..

Category: Family Law | Date: | Hits: 250

Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)

...., Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Not represented—Respondent Nos. 2-4. Civil Appeal No. 38 of 1996.  (From the Judgment and order dated 23-2-95 passed by the High Court Division in civil revision No.577 of 1987). Judgment L......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..

Category: Property Law | Date: | Hits: 86

Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)

.... The Limitation Act, 1908 (IX of 1908), Section 18 The Evidence Act, 1872 (1 of 1872), Onus of Proof Fraud having been perpetuated on the mother, the question of limitation will run from the date of knowledge of the impugned deed of sale and consequently the suit cannot be barred by limitat...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ..

Category: Procedural Law | Date: | Hits: 154

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

.... Judgment June 26, 1997. Result: All the appeals are dismissed. The leave petitions are dismissed. The Constitution of Bangladesh, 1972, Article 55 (4) and 133 (i) Notifications dated 10.10.91 and 4.12.1991 (constituting council committee for promotion) were issued under orders......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..

Category: Constitutional Law | Date: | Hits: 185