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State Vs. Shiraj Ali, 1972, 1 CLC (AD)
.... true that the medical insanity and legal insanity are not the same thing. The legal insanity as contemplated in section 84 PPC must be established by direct evidence in a case. The onus to prove the special plea of section 84 PPC lies on the accused. In order to get benefit of section 84 PPC, it mu......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..Category: Criminal Law | Date: | Hits: 81
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... 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. ......use (c) of section 160 of Bengal Tenancy Act. I am therefore unable to accept the decision of the Court below with regard to the lands whereon the tanks and panboroj exist. Panboroj i.e. betel leaf leaves plantation has been found to be protected interest within the meaning of section 160 of the ..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....ime. It depends upon one's own mental alertness and the power of perception and conception. Above all, it depends upon how one applies one's self to a case. We have closely examined the evidence, especially the cross-examination of the prosecution witnesses and we are clear in our view that he p...... Moreover, this witness appears to have been subjected to lengthy cross examination and the light-forward and convincing answers lich he has given in reply to the question in the cross-examination leave no room for doubt in our mind that PW 2 was a perfectly competent witness to depose as to wha..Category: Criminal Law | Date: | Hits: 154
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....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. ......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)
.... 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. ...... 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
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ..Category: Others | Date: | Hits: 162
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....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. ......7). Judgment: Mustafa Kamal CJ.- Petitioner No. 1, the City Bank Limited, and its Directors petitioner Nos. 2 and 3 have preferred this petition for leave to appeal from the judgment and order dated 25-3-99 passed by a Division Bench of the High Co..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......om the judgment and decree dated -1 -1998 passed by the High Court Division Dhaka in FA No 39 of 1995). Judgment: Mustafa Kamal J.- The plaintiff-petitioners have preferred this petition for leave to appeal from the judgment and decree dated 22-01-98 passed by a Division Bench of the High C..Category: Tenancy Law | Date: | Hits: 82
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....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. ......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)
....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. ......& 16 November 1995 passed by the High Court Division in Civil Revision No. 1843 of 1992). Judgment: Bimalendu Bikash Roy Choudhury J.- This appeal by way of leave, at the instance of the plaintiffs, arises out of an order setting aside abatement of a suit ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....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. ......ct Tangail whose minor daughter Suma Chatterjee was alleged to have been kidnapped on 4-3-97 and who is now in judicial custody in the Tangail District Jail is the appellant in the present appeals by leave and also the petitioner in the connected leave petition. The matters relate to the custody of ..Category: Criminal Law | Date: | Hits: 71
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....;s submission. Indeed the findings and orders made by the High Court Division as noted above, except declaring the impugned action to be illegal are themselves plainly illegal and never made in the special jurisdiction of writ. They are as if the High Court Division is passing a decree as to titl...... 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)
....the judgment and order dated 3-8-95 passed by the High Court Division in Civil Revision No. 2284 of 1995). Judgment: Mohammad Abdur Rouf J.- This appeal, by special leave, has been preferred against the judgment and order dated 3-8-95 passed by a Single Be......ment and order dated 3-8-95 passed by the High Court Division in Civil Revision No. 2284 of 1995). Judgment: Mohammad Abdur Rouf J.- This appeal, by special leave, has been preferred against the judgment and order dated 3-8-95 passed by a Single Bench of t..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... of Pakistan had occasion to take a similar view in the case of Federation of Pakistan vs. Saeed Ahmed, PLD 1974 (SC) 151. In course of his speech, he laid great stress upon the malafide acts under a special statute ousting jurisdiction as an element to make the ouster clause ineffectual. He said: ......rned brother Mustafa Kamal J. With great respect to his deliberations I am unable to persuade myself to subscribe to his decision. 21. Civil Appeal Nos. 34 and 35 of 1998 have been filed by way of leave by Bangladesh Shilpa Rin Sangstha (briefly the Sangstha) against the separate judgments and or..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....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. ......1997. (From the judgment and order dated December 1, 1996 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case No. 5622 of 1996). Judgment ATM Afzal CJ.- This appeal by leave arises out of a judgment and order dated 1st December, 1996 passed by a Division Bench of the ..Category: Business or Commercial Law | Date: | Hits: 145
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......71 of the Penal Code and under section 5(2) of Act II of 1947 but upheld the conviction and sentence under section 466 of the Penal Code. 2. The accused-petitioner has preferred this petition for leave to appeal from the aforesaid judgment and order of the High Court Division. 3. The prosecu..Category: Anti-Corruption Laws | Date: | Hits: 73
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......amal Hossain, Senior Advocate, (Subrata Chowdhury, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. AKM Halim, Advocate (appeared with the leave of the Court), instructed by AKM Shahidul Huq, Advocate-on-Record — For the Respondent ..Category: Labour and Industrial Law | Date: | Hits: 94
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....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. ...... the Judgment and Order dated 13-11-98 passed by the High Court Division in Writ Petition No. 2866 of 1998). Judgment: AM Mahmudur Rahman J.- This petition for leave to appeal is from the judgment and order dated 13-9-96 of the High Court Division passed in W..Category: Constitutional Law | Date: | Hits: 126
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