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Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....fa 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.......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....... 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)
....y 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. ...... 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. ......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)
.... There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ...... 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. ......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
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....sequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......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. ...... 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
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......managing shebait and a next friend, Hem Chandra Chakraborty who in his turn figured as plaintiff No.2 for declaration of her title to item No. 1 of the ‘ka’ schedule of the plaint, for recovery of possession in item No. II thereof and for mesne profits etc on the allegations, inter a......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ..Category: Family Law | Date: | Hits: 156
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
.... passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......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......; Bimalendu Bikash Roy Choudhury J.- The suit out of which this petition has arisen was brought by the petitioner and respondent Nos. 2-7 against respondent No. 1 for redemption, recovery of Khas possession and also partition of the suit plot No. 4427 appertaining to RS Khatia......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)
....sed under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......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. ......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
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....igh Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......aka) making the Rule absolute. 2. The plaintiff-respondents instituted Other Suit No. 62 of 1975 in the Court of Munsif, Kurigram for ejectment of the defendant appellants from the suit premises, recovery of vacant possession and for recovery of arrear rent of Taka 900.00. The case of the respon......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ..Category: Tenancy Law | Date: | Hits: 62
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....e reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ......6(1) of Janata Bank provides for certain benefits of the General Provident Fund Scheme, Pension and death-cum-benefit Scheme and such other schemes as are admissible to the Government servant from time to time. The Rules of the Janata Bank only provide for certain benefits as are admissible to a......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ..Category: Administrative Law | Date: | Hits: 148
Emran Hossain Vs. State, 1999, 28 CLC (AD)
.... trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......arned Advocate appearing for the petitioner, could not point out any illegality in exercise of discretion by the High Court Division. He, however, submits that the petitioner is in jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray fo......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......ears that the learned Judges of the High Court Division found that the trial of the case is continuing and some witnesses have been examined. The learned Judges also found no merit prima facie that arms were recovered from the possession of the petitioner. The learned Judges did not think it pro..Category: Criminal Law | Date: | Hits: 66
Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)
....ny substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......tions recovered from one of the few accuseds and when all of them were together revolver shots fired and cocktails hurled from amongst those accuseds thus law will prescribe joint possession of the arms under sections 19(a) and 19(f) of the Arms Act………………..Category: Criminal Law | Date: | Hits: 54
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
.... the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......anual, 1983. Under Section 69 of the Registration Act, 1908 the Inspector General shall exercise a general superintendence over all the Registration offices in Bangladesh and shall have power from time to time to make Rules consistent with the Act. The Inspector General issued departmental instr......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....l justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......ontiguous east of his house and found that PW 11 Somed was being chased by accused Siraj, son of Matbar Ali, Alfaz and Hamid on the District Board Road. Somed came running to the Bichra. In the meantime, the other accused with deceased Abu and Bank being armed with deadly weapons like guns, dao,......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....rts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ...... of Assistant Judge and Family Court, Mirsarai, Chittagong for prompt dower and maintenance allowance filed by the respondent-wife is barred by 649 days and we are going to dismiss this petition as time-barred but not before we express ourselves against part of the impugned judgment dealing with ......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....ions in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144....... was granted to consider the submission of the learned Advocate for the appellant that the proceeding under Article 34 of the BSRS Order, 1972 being a substantive, independent and alternative mode of recovery of BSRS dues/overdue under a special law and Article 34(5) of the said order having specifi......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144...Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....bove both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ...... maximum number of hours in a day or in a week that a worker shall be liable to work. If the establishment reaches a settlement with the workers in reducing the hours of work the worker’s overtime will begin from the hour when the settled hour is reached. The worker need not wait till he w......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....rt Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......ecimal of land to his nephew Dilip Kumar Dey, the son of his widowed full sister. He claimed possession in the entire suit land through bargaders as its real owner. His further case is that, at the time of solemnisation of marriage ceremony of his daughter he sold some land out of the schedule p......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
....Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ......ld not be allowed to work inconsistently, whimsically and capriciously to the prejudice of respondent no. 1 when the project was approved by another lawful Government agency at an earlier point of time…………(6) Lawyers Involved: B Hossain, Advocate-...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ..Category: Business or Commercial Law | Date: | Hits: 91
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....en of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......n. The defendant having lost in all the courts below has preferred this civil petition for Leave to Appeal before us. 2. The plaintiffs filed the aforesaid suit for declaration of title and recovery of khas possession. The plaint case is that the original owner of the suit land Haran Mond......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....idered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......te-on-Record, tried to make an argument that the suit was not properly valued and required Court fee was not paid. This was not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (......p; ATM Afzal CJ.- Plaintiff-respondent brought Title Suit No. 231 of 1984 in the 3rd Court of Assistant Judge, Dhaka, inter alia, for eviction of the defendant-petitioner from the suit premises and recovery of possession thereof which has been concurrently decreed by the Courts below. A Single Ju......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ..Category: Property Law | Date: | Hits: 69