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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......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..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
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....us imprisonment for one month more. Upon appeal Criminal Appeal No. 1058 of 1990 preferred by him a Single Bench of the High Court Division confirmed the conviction and sentence by judgment and order dated 28 January 1996. Being aggrieved the petitioner has presented this petition for leave to appea......The facts have been settled concurrently by the trial Court and the High Court Division on a detailed assessment of the evidence, both oral and documentary. The learned Counsel could not make out any breach of law or of procedure in the findings of the courts below. The expert’s opinion is not a s..Category: Criminal Law | Date: | Hits: 95
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......Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as she does not earn any disqualification for such custody and there is a breach of this normal order brought about by an unilateral act of the father or anybody on his behal..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......Rule is not made under constitutional or statutory authority, it is a mere administrative instruction, having no force of law (Satyavir vs. Union of AIR 1986 (SC) 555. There is no cause of action for breach thereof (Union of India vs. Majji, AIR 1977 (SC) 757; Sethi vs. Union of India, AIR 1975 (SC)..Category: Constitutional Law | Date: | Hits: 185
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....d by Shaifuddin Chaklader, Advocate-on-Record— For the Petitioner. Not Represented— the Respondents. Criminal Petition for Leave to Appeal No. 201 of 1995 (From the Judgment and Order dated 4-5-95 passed by the High Court Division is Criminal Revision No. 203 of 1991). Judgment ......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ..Category: Procedural Law | Date: | Hits: 120
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....” For Respondent No.1. B Hossain Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record — For Respondent No. 2. Civil Appeal No. 96 of 1994. (From judgment and order dated 12 January, 1993 passed by the High Court Division in Writ Petition No. 310 of 1990.) Judg......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..Category: Employment/Service Law | Date: | Hits: 145
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....Aftab Hossain, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent Nor. 1, 3-9. Civil Appeal No. 116 of 1999. (From the judgment and order dated 10-3-1999 passed by the High Court Division in Writ Petition No. 519 of 1999). Ju...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ..Category: Election Law | Date: | Hits: 109
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