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Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....omething to eat and soon after his taking the said thing he shouted. "Mother, what did you feed me? You would feel the consequence if you had taken the same yourself." Some time after Jahiruddin died in the house of his father-in-law. 4. The prosecution furth......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....hatian. In short, their positive defence is that their interest was not liable to be annulled and, as such, the plaintiff had no right to khas possession in the said lands wherein since a very long time the defendants have been exercising their right of possession by establishing homestead and g...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....ighbour of Yasin Sheik on the same day at about 4.30 PM which was recorded by PW 6 Mr Murtaza Ali, Sub-Inspector of Police attached to Kaligonj Police Station who was in charge of the thana at that time, on the verbal statement of the complainant. The Police Station is ten miles from the place o......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
.... by the RDC on 19.10.58. Defendants 2 to 4 are the successors-in-interest of Baker Ali. The plaintiffs however, further contended that they continued to be in possession of the suit property from the time of their lease from the Mutawalli of the Wakf Estate. In April 1962, however, the Government de......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....nformation was communicated to the petitioner the petitioner took steps in the matter and approached the respondent No. 2 with a fresh prayer for according registration to his document. In the meantime, the Ordinance 1 of 1964 had already expired. The respondent No. 2 by his order dated 12.2.70 ......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....er, Pak Waterways a registered partnership firm has challenged the order 7 of 11.1.69 of the East Pakistan Inland Water Transport Authority, hereinafter referred to as IWTA, in the matter of granting time-table. 2. The facts relevant to this writ petition, as appear from the affidavits of the par...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
.... respondent No. 6 as the nominees of petitioner No. 1 company. 3. Section 25(3) of the Arthik Protisthan Ain, 1993 provides that notwithstanding anything contained in any other law for the time being in force, a person is not eligible for appointment as a director of a financial institut......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
.... that defendant No. 3 wife of defendant No. 2, was suffering from cancer from before and that defendant No. 2 had taken her abroad for treatment and as such steps could not be taken in the suit in time which resulted in the ex parte decree. Defendant No. 2 came to learn about the ex-parte decree......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....………………..Respondent Judgment March 11, 1999. The Limitation Act, 1908 (IX of 1908), Section 5 (i) An abatement can be set aside at any time even beyond the period prescribed for making an application in that behalf if sufficient cause......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....of 1998, claiming custody of the victim girl. The appellant was not made a party in the said Miscellaneous Case but upon an application filed by him he was permitted to assist the State lawyer at the time of hearing of the Rule. When the matter came up for hearing, no one appeared for the petitioner......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....arliament virtually rendered the verdict of the people infructuous. The High Court Division as a last attempt served show cause notice upon the Speaker and asked him not to pass any ruling for the time being regarding resignation of Opposition MPs. And the Speaker also did not hesitate to make i......e highly disapprove of the manner and the language with which the offending Article was written and warn the author that any repetition of the same will be visited with punishment of even a greater scale, not to be condoned on any plea whatsoever. With these observations, the appeal is a..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... further submits that although the High Court Division realised, that the disputed claims of the parties ought to be resolved in the Civil Court and made observations in that behalf but at the same time by giving its own judgment in favour of the writ-petitioners, all enquiry was forestalled and...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....est of justice may recount ballot papers for proper resolution of an election dispute. But in order to make out a case for recounting the person who challenges the counting has to prove that at the time of counting of votes by the presiding officer a contesting candidate or his election agent upo......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....id amended paragraphs. For the present purpose paragraph 14A may be noticed which has been quoted in the relevant judgment of the High Court Division. It reads- “14A. That the plaintiff all the time disputed the claim of defendant No. 1 but they willfully did not disclose the actual fact that ...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
.... of 1898), Section 561A In order to make a person liable under section 138 of the Act the payee has to comply with the requirements under that section and the case has to be filed within specified time. But subsequent allegations will not save limitation because the requirements under law is that......ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ..Category: Business or Commercial Law | Date: | Hits: 145
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
.... on a similar question of law is pending in Writ Petition No.1236 of 1995. It is further contended that the petitioner like other boatmen who are owners of boats has acquired a customary right from time immemorial in the nowka ghat in question and the High Court Division fell in error in not con......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ..Category: Constitutional Law | Date: | Hits: 126
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....ior to the petitioner, to the post of Assistant General Manager although the petitioner had excellent performance for the last 8 years as per ACR and he was recommended for promotion at least four times in the ACR by his superior officers. 4. Respondent Nos.1-3 contested the Writ petiti......g 100% vacancies in the post of Assistant General Manager by promotion from the post of Senior Principal Officer. Sub-Regulation No.4 of Regulation 11 provides: “promotion to the posts in the scale of pay of Taka 3700.00-4828.00 and above shall be on merit-cum-seniority basis.” By let..Category: Employment/Service Law | Date: | Hits: 63
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....s and 4 sisters as his heirs. Soon after the death of his brother appellant No. 1 re-married appellant No. 2 and are living together as husband and wife by swearing an affidavit dated 18-2-90 at a time when the minor sons of his brother were under the custody of the complainant. Appellant No. 1 ...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ..Category: Criminal Law | Date: | Hits: 69
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....ere are specific situations calling for relaxation. They are generally (a) where different portions of the property lie in different jurisdictions or (b) when some portion of the property is at the time incapable of partition, or (c) when the property from its nature is impartible, or (d) when p......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ..Category: Property Law | Date: | Hits: 65
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....nted Nikah Registrar under section 5(2) of the Muslim Family Laws Ordinance, 1961, briefly, Ordinance, 1961, on 3rd May 1971 for the Cantonment Area and all the wards of Juarshahara Union. At that time, the present Gulshan Area was within Juarshahara Union Parishad. Thereafter on 25th May, 1972......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ..Category: Employment/Service Law | Date: | Hits: 69
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