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Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....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. ......the Additional District Judge, Dacca. On further appeal to the High Court of East Pakistan, however, the decrees of the Courts below were set aside and the suit was dismissed. The High Court took the view .that the plaintiff-appellant ought to have brought it to the notice of the House Rent Controll..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....urder was not disputed. Instead of disposing of the appeal in accordance with law the High Court Division simply affirmed the conviction and the sentence passed by the trial court, having erroneously relied on the decision reported in XV D.L.R. 466. The conviction and sentence of the a......llip;………………….Respondent Judgment August 16, 1976. Cases Referred: Akaluddin vs. State, (1963) 15DLR466; disagreed with views expressed therein. Alim-jan Bibi Vs. Emperor AIR 1937 Cal. 578 ; Upendra Nath Vs. Emperor, 71..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....t sight of the position in law of the written statement of the incident, in which driver Siddique Bhuiyan alias Raja Mia died, handed over by PW 1 to PW 12 at 19.45 hours of March 4th, 1987 and has erroneously considered the said written statement upon which Sonargaon PS Case No. 2 dated 4-3-198......f control. The High Court Division also has rejected the submission of the learned Advocate representing the condemned prisoner for commutation of sentence of death to imprisonment for life on the view that the condemned prisoner as one of the members of law enforcing agency was deputed at the F..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ......osing fine as an additional punishment the Court should give its reason so that it may be scrutinised by the appellate Court. While imposing the sentence of fine the basic principles to be kept in view shall be as hereunder: (a) the accused has derived pecuniary gain from the crime;..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....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. ......ition No. 6120 of 1997, A Division Bench of the High Court Division then after hearing the learned Advocates of both the sides by judgment dated 13th July, 1998 discharged the Rule holding that in view of Article 117 of the Constitution of the People’s’ Republic of-Bangladesh when th..Category: Administrative Law | Date: | Hits: 132
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ..Category: Property Law | Date: | Hits: 74
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....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. ...... said provision has no manner of application in the present case as there was no nomination by the depositors in favour of anyone. (2) The High Court was wrong in its view that under the terms of the deposit that either account holder or survivor could operate the ..Category: Civil Law | Date: | Hits: 112
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....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. ......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)
....iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ......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 Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
....erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ..Category: Intellectual Property Law | Date: | Hits: 224
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......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)
....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. ......on starting of three cases being in contravention of the provision of section 234, Code of Criminal Procedure, the said three proceedings are liable to be quashed. The High Court Division upon the view that the contention so raised was of no substance rejected the application summarily. &..Category: Criminal Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
..... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ..Category: Property Law | Date: | Hits: 57
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....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. ......nal. This function has been given to the Election Tribunal and to nowhere else. The Election Commission has been given power to decide certain matters but such enquiry will not come within the purview of judicial enquiry because the power to decide judicially is different from deciding adminis..Category: Election Law | Date: | Hits: 124
Shahanara Khatun and other Vs. Abu Taleb Pramanik and others, 2001, 30 CLC (AD)
....ned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 90. ......ned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 90. ..Category: Property Law | Date: | Hits: 51
Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)
....a situation we find no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89. ......arif, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-5. Civil Review Petition No. 33 of 2000. (From the judgment and order dated 25-4-2000 pas..Category: Constitutional Law | Date: | Hits: 141
Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)
....e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ...... The Companies Act, 1913 (VII of 1913), Section 38 In the absence of any definite statement from the respondent about the delivery of the share certificate, and in view of the documents on record admitting that the share certificate was not delivered to the compa..Category: Business or Commercial Law | Date: | Hits: 97
Hasan Azam and others Vs. Rabeya Khatun and others, 2001, 30 CLC (AD)
....f no substance. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 87. ......osed of by the High Court Division making the Rule absolute. 2. Thereafter absentee-opposite parties filed an application under section 151 of the Code of Civil Procedure for review of the said judgment and ultimately by the judgment and order dated 27-7- 1999 a learned Singl..Category: Procedural Law | Date: | Hits: 104
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ......aka 28,00,000 on condition that Bangladesh Shilpa Rin Sangstha approved the proposal of the company as contained in the letter dated 2-10-1997. The Bangladesh Shilpa Rin Sangstha suggested that in view of the proposal made in the letter dated 2-10-1997 the respondent No. 3 may become the Managin..Category: Business or Commercial Law | Date: | Hits: 95
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ......n of title and confirmation of possession and that amendment was allowed by the trial Court by order dated 10-5-1999. The defendant-petitioners were allowed to file additional written statement in view of the amendment but no such statement was filed. Against that order allowing amendment the pe..Category: Procedural Law | Date: | Hits: 82