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A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... the special leave petition was filed on 1.9.1976. 7. In the aforesaid circumstances, the learned Deputy Attorney-General submitted that according to rules of business sufficient time was needed to process the filing of the leave petition, so the delay for 52 days was uninten&s...... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....bered that in the original scheme of the Act, s. 93A was not there It was first introduced in 1958 by East Pakistan Ordinance LXIX of 1958, and thereafter has undergone various amendments from time to time. Introduction of this section, it appears, was prompted by the desire to introduce me......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....to accept any subsequent rent which becomes due in respect of such premises, also deposit such subsequent rent within a fortnight of the date on which such rent becomes due, from the expiry of the time within which such rent is required to be paid under subsection (5) of section 18 together wi......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....s indeed difficult. This must be carefully kept in view in drawing a conclusion from the facts and circumstances of each case. The intention spoken of in this section is referable to the point of time when abduction takes place. To illustrate under what circumstances such an intention c...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
.... matter over which the were altercation between the driver and the Ansar, he (PW 2) stood up from his seat which was immediately behind the seat of the driver Siddique Bhuiya @ Raja Mia and at that time the condemned prisoner fired on the front glass of the bus and that the bullet so fired hit t......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ..Category: Criminal Law | Date: | Hits: 74
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....r contest in the Administrative Tribunal the Government has not taken any appeal to the Administrative Appellate Tribunal. That Tribunal passed the judgment on 29-10-1996 and after a long lapse of time the writ petition was filed. This Division in the case of Government of Banglad4sh vs. M Kashe......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ..Category: Administrative Law | Date: | Hits: 132
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....ddin Ahmed @ N Ahmed earned a lot during his stay in the UK. He returned home with his first wife in 1985 along with his earned money and for the sake of transaction or operation of the accounts in time of illness or his unwillingness to go to the Bank, he opened Joint FDR accounts with his 2nd w......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ..Category: Civil Law | Date: | Hits: 112
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....mised property and to erect or permit to be erected thereon any building, structures, etc. notwithstanding that such constructions, etc. affect or diminish the light or air which might have at any time during the currency of the indenture been enjoyed by the demised property or any part thereof.......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ..Category: Constitutional Law | Date: | Hits: 138
Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)
....ary and other benefits he received from 21-4-1993 to 15-5-1996. 2. The points in issue was whether the petitioner having declared his date of birth to be 21st April 1941 at the time of joining could be changed on the basis of subsequent evidence that he was born on 21st Apri......iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ..Category: Employment/Service Law | Date: | Hits: 71
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ns Judge, 4th Court, Comilla, in Sessions Case No. 77 of 1991 dated 30-1-93. 2. The prosecution case, as can be gathered of the evidence of the PWs, was that on 16-4-90 at the time of Zohr prayer victim Asia returned to her house after taking bath from a tank when the two ac......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....action are most illegal and without jurisdiction. Submission of the learned Advocate that the facts as are in the prosecution reports are false, preposterous etc are matters to be considered at the time of trial by the court before which the cases are pending. The other contention that there can......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ..Category: Criminal Law | Date: | Hits: 65
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....eclaration of the respondent No.6 declaring the appellant as an elected Chairman of the Union Parishad in question and obtained Rule in Writ Petition No.106 of 1998. The High Court Division at the time of issuance of the Rule stayed publication of the result. 4. Appellant&rsq......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ..Category: Election Law | Date: | Hits: 124
Category: Civil Law | Date: | Hits: 109
Hasan Azam and others Vs. Rabeya Khatun and others, 2001, 30 CLC (AD)
....(V of 1908), Section 151 The learned judge of the single bench rightly set aside the ex-parte judgment on the grounds of i) prevented by sufficient cause from appearing at the time of hearing and ii) for absence of the learned advocate. There is nothing to interfere. ......f no substance. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 87. ..Category: Procedural Law | Date: | Hits: 104
State Vs. Abu Musa @ Musaya @Shapir Bap & ors, 2001, 30 CLC (AD)
....396 of the Penal Code and acquitting them from the sentence of death. 2. The High Court Division passed the judgment on 8-5-1994 and though the leave petition was field in time, yet the State did not take any step during the period of about seven years to get the leave p......ed persons. This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81. ..Category: Business or Commercial Law | Date: | Hits: 99
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... centre, school etc but subsequently the respondents- appellant either converted the entire or part of the vacant space into plots in violation of the promise made to the respondent allottee at the time of allotment. Being aggrieved by the change in the layout plan the respondent filed the writ ...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
.... (b) is given an opportunity of making a representation in writing (or if the person concerned indicates in writing his preference for it orally) within such reasonable time as the appropriate officer may specify, against the proposed action; and ......issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....7-89 the plaintiff as PW 1 in his deposition claimed that he had purchased 0.1125 acres of land. The defendant raised serious objection, being contrary to his averments made in the plaint. At that time the plaintiff sought for adjournment of hearing for the purpose of amending his plaint further...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ..Category: Property Law | Date: | Hits: 58
Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)
.... the impugned judgment and agitating questions which were not agitated before the High Court Division, the honorable Court is not inclined to interfere on the factual question raised for the first time……………… (6) Lawyers I...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ..Category: Property Law | Date: | Hits: 80
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....cy Act, 1950 (XXVII of 1951), Section 96 Petitioners not being themselves pre-emptors but being merely legal representatives of the pre-emptor they were not co-sharers by inheritance at the time of filing of the case for pre-emption. As such their subsequently becoming cosharers by inheri......he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ..Category: Property Law | Date: | Hits: 65