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Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......f the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......ial the court may not, for ends of justice, direct a retrial. There may be other extrenuating circumstances which may impel by a court to take lenient view in favour of the accused. But there is no question that the Court has undoubted right to direct a retrial where there has not been a trial i..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ...... had the highest regard for the Courts and held them in high esteem, sincerely believing that the courts are functioning as judicial organs of the State under the constitution and the laws of the land. 4. The appellant was suffering under a wrong notion about his responsibilities an......rs of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......rigram was his first posting to the high office of the executive head of a district and being burdened with the responsibilities of that high office with little experience, wrote the letters in question, in good faith believing that he had to do so for discharging his duties as the chief exe..Category: Criminal Law | Date: | Hits: 70
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
....n No. 10/98) has also instituted Title Suit No. 122 of 1996 against the said Hasanuddin Ahmed and others in the 3rd Court of Subordinate Judge, Dhaka for declaration of his title to and recovery of possession of 0.065 acres of the land out of said disputed plot and in that suit also an order of ......ision No. 258 of 1997 absolute and quashing thereby the proceedings drawn up under section 145 Cr.P.C. by the Chief Metropolitan Magistrate, Dhaka on different dates in respect of the same plot of land at Mouza Kafrul within Dhaka city. 2. Relevant facts are: Upon a prosecution report dat...... All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... Division by the impugned common judgment quashed those proceedings upon making the Rules absolute accepting the contention of the 2nd party that the civil Court having been already seized with the question of regulating possession of the disputed land in the civil suit between the same parties ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....must be proved that there was complete divesting of the ownership i.e. the donor had voluntarily transferred the property to the donee and it was accepted by the latter. Mere recital of delivery of possession in the deed is not sufficient. There must be something to indicate acceptance of the gif......led aforesaid writ petition stating that she is a British national by birth and was married to Dr. WA Ansari, a renowned Surgeon of erstwhile East Pakistan. Dr. Ansari was given lease of a plot of land at Dhanmondi residential area which is plot No. 500- H, Road No. 8(Old) of Plan No. 613/58 me...... This Case is also Reported in: 52 DLR (AD) (2000) 180. ......ourt but simply corrected the error of law committed by the Court of Settlement. He also contended that when the certified copy of the deed of gift has been produced the Court of Settlement cannot question the validity of that document. The Court of Settlement travelled beyond its jurisdiction b..Category: Property Law | Date: | Hits: 64
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......e Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abul Bashar ………&......ation made, after the period of limitation prescribed therefor by the first schedule shall be dismissed subject to the provisions of sections 4 to 25 (inclusive). 9. The proceeding in question was initiated by the petitioner before the Administrative Tribunal under sub-section (2) o..Category: Administrative Law | Date: | Hits: 121
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....stated that it did not give direction to the petitioners to vacate the land but notices to vacate were served upon unauthorised trespassers who were evicted and that none of the petitioners was in possession. Respondent-Government and other respondents stated that 90% of the compensation was pai......ion and Requisition of Immovable Property Ordinance, 1982 (II of 1982), section 12 Non-payment of compensation within one year from the date of decision of the Government for acquisition of land as contemplated under section 12 of the Ordinance does not render the land liable to be releas......01, 41. ...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....oner, Dhaka (respondent No.3), under Memo No. 867 dated 19 July 1974 in Requisition Case No. 2248/74 for the accommodation of Jatiya Rakshi Bahini s river transport establishment. Accordingly, the possession of the property was taken over from the respondent and his tenants. The notice of requi......ra Das and Tarak Nath Das who transferred the same by a registered deed in 1962, to Md Siddique Jamal, Ibrahim Siddique Jamal and Daud Siddique Jamal in exchange of their properties at 4A and 4B, Okland Square in Calcutta. They also acquired by purchase the shares of other co-sharers and thus bec......000) 174. ......urt of Settlement the said Court was not duly constituted, it was so constituted and functioning when the writ petition was made. When the Court of Settlement was the proper forum to deal with the question of abandonment under section 7 of the Ordinance it could not be said that forum did not of..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....ting, inter alia, that the police on a secret information that meetings were being held in that house by the conspirators to over throw the Government and that the conspirators had a jeep in their possession in order to arrest the terrorists raided the house but failed to trace out the conspirat...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ......Rahman J Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs. Hussain Mohammad Ershad ………………Respondent Judgment ...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ..Category: Constitutional Law | Date: | Hits: 170
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Bangladesh and others................ Appellants ......eported case of 51 DLR (AD) 40. Mr. KS Nabi in fact did not point out any distinction from the facts of the reported decisions with the case of Mustafizur Rahman. Hence we decided that case on the question that a vested right of the importer by such notification can not be taken away. In that d..Category: Fiscal/Taxation Law | Date: | Hits: 94
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ...... In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ...... of the victim is not disputed and the same has been proved by the evidence of the doctor PW 5 who held post mortem examination over the dead body of the victim and evidence of other witnesses. The question is who had murdered the victim with stab injuries as found by the doctor. Accused Saiful w..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ...... is also Reported in: 52 DLR (AD) (2000) 140. ......overnment of Bangladesh having not been impleaded the suit was bad for defect of parties. High Court Division found that Court of appeal below did not reverse the finding of the trial Court on the question of law referring to the relevant provisions of the Rules and there is no finding as to whe..Category: Others | Date: | Hits: 84
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ......rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ......00) 138. ......sion Dhaka in Wit Petition No. 6059 of 1997). Judgment Latifur Rahman CJ.- This civil petition for leave to appeal by added respondent No. 4 calls in question the order dated 31-1-2000 passed by a Division Bench of the High Court Division in Writ P..Category: Others | Date: | Hits: 88
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....aining Taka 400.00 was lying with Abdul Gafur Mridha for clearing dues of the Agricultural Development Bank, After the death of Abdul Gafur Mridha the plaintiff requested the defendants to deliver possession of the suit property in favour of the plaintiff together with mortgage deed as the money......e Suit No. 6 of 1985 on 19-2-86, decreeing the suit for redemption of mortgage. 2. The plaint case is that, the plaintiff by a registered deed of mortgage dated 26-3-62 transferred the suit land to one Abdul Gafur Mridha, predecessor-in-interest of the defendants for a consideratio...... (Civil) Present : Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Asmat Ali………………&hel......with the scribe inserted the term of reconveyance at the time of presentation of the deed for registration beyond knowledge of the said Abdul Gafur Mridha. According to the defendants, the deed in question was out and out a deed of sale and hence the suit for redemption of mortgage is not mainta..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ...... Judgment March 15, 2000. The Companies Act, 1994 (XVIII of 1994), Section 91(1) (b) Articles of Association of IFIC Bank, Article 114 The power of the Board of Directors in Article 114 to recommend does not mean power to reject any such candidature. No such power to re...... X was not placed before the Board of Directors of the said Bank If it is conceded that the said letter Annexure X is substantial compliance of the requirement of notice under Article 114 the next question is, whether there is any necessity of placing before the Board of Directors for recommenda..Category: Business or Commercial Law | Date: | Hits: 107
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Chowdhury Nasimul Baqui………&hel...... by leave, from a judgment of the High Court Division dated 30 April 1998, which discharged the Rule Nisi issued in Writ Petition No. 1857 of 1994 preferred by the appellant. 2. The salient question in this appeal is, whether after the omission of clause (8) of regulation 42 of the Bangla..Category: Employment/Service Law | Date: | Hits: 69
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....Bikash Roy Chowdhury J.- The relevant facts are brief. The petitioner along with another brought in the First Court of Subordinate Judge, Chittagong a suit for declaration of tile, confirmation of possession etc, in respect of certain land. Defendant Nos. 1 & 2 denied the plaint allegations ......acts are brief. The petitioner along with another brought in the First Court of Subordinate Judge, Chittagong a suit for declaration of tile, confirmation of possession etc, in respect of certain land. Defendant Nos. 1 & 2 denied the plaint allegations in a joint written statement. After th......s Judgment June 16, 1999. The Code of Civil Procedure, 1908 (V of 1908), Order 11 rule 8 The provision of Order 11, rule 8 of the Code of Civil Procedure is directory in character and the court is yet possessed of powers to extend time in a proper case…&helli......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ..Category: Procedural Law | Date: | Hits: 97
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
.... August 23, 1999. The Limitation Act, 1908 (IX of 1908), Section 28 Permissive possession for indefinite longer period can not vest title on the possessor or his successor. Such ......f the lower appellate Court’s decree that of the trial Court was restored, dismissing the plaintiffs’ suit. 2. The dispute in this case relates to a pond comprising 0.32 acre of land recorded in CS Plot No. 2495. It originally belonged to Govinda Chandra Datta and others who h...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdus Samad (Md) and others……………….......ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ..Category: Property Law | Date: | Hits: 59
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......Supreme Court Appellate Division (Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Delwar Hossain Mia (Md) and another………&he......undamental rights Mr. Abdur Rab Choudhury, learned Counsel for the petitioner, submits that the High Court Division was wrong in its view that the writ petition was not maintainable. 8. The question is no longer res integra. It has been answered by this Court in Mujibur Rahman vs. Banglad..Category: Constitutional Law | Date: | Hits: 151
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
.... Section 111 There can not be any cancellation of lease without giving an opportunity to the aggrieved party being heard when the lease has been under registered instrument with delivery of possession……………………(3) Lawyers I......ter and between the same parties we took up the matter analogously for disposal. It appears that the lease of petitioners of Writ Petition No. 4598 of 1997 was cancelled in respect of 420 acres of land out of 456.20 acres for enabling the Government to realise arrear rent of Taka 40,00,000.00 fr...... The Supreme Court Appellate Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Sudangshu Jaladash and others……………&hellip...... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ..Category: Property Law | Date: | Hits: 71
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ......e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… ……&hellip......ngement of delimitation of wards and the Delimitation Officer on consideration of territorial unity, distribution of population and administrative convenience made the delimitation of the wards in question and that allegation on such variation of population cannot be resolved in a writ petition ..Category: Others | Date: | Hits: 82
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