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Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)

....nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......present appellant through Bangladesh Foreign Office but he was not allowed to come to Dhaka and to defend his case properly and effectively by engaging his Advocate of choice and placing all relevant laws and papers which were necessary and essential for proper disposal of the case. Further, the Min..

Category: Administrative Law | Date: | Hits: 167

Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)

....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ...... report on 5 10-76 and the plaintiff and his wife were discharged from the criminal case on 18.10.76. Thereafter the plaintiff got possession of the suit land. The kabalas were executed without any lawful consideration during the pendency of a non-compoundable criminal case and for stifling a cri..

Category: Property Law | Date: | Hits: 72

Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)

....d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ......ion Parishad. 6. Mr. NH Khondaker, learned Advocate on Record appearing on behalf of the petitioner, has submitted that the learned Judge of the High Court Division has committed an error of law in making the Rule absolute relying upon the decision of this Division in the case of Md. Shaj..

Category: Others | Date: | Hits: 98

Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)

....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......e Settlement Court by making the Rule Nisi absolute. 2. Mr. TH Khan ,learned Counsel appearing for the petitioner sought to argue that the learned Judges of the High Court Division erred in law in holding that the petition under section 7 of the Abandoned Property Ordinance, 1985 was inco..

Category: Property Law | Date: | Hits: 58

Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)

....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ...... facts and circumstances of the case the Chief Metropolitan Magistrate exercised his powers under section 203 CrPC properly or not, but the High Court Division prejudiced the appellant and erred in law by holding that the allegations made in the petition of complaint cannot be said to be prim fa..

Category: Criminal Law | Date: | Hits: 60

Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)

....le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......hen it tends to the general convenience of the parties or the witnesses. The High Court Division may also withdraw a case itself without issuing any notice upon either parties when some question of law of unusual difficulty involved therein.” Neither of these situations was present in that..

Category: Criminal Law | Date: | Hits: 63

W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)

.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......90, the Bank informed the plain that the industry had already been sold to respond No. 1 for a sum of Taka 60,00,000.00 only. The sale was fraudulent and collusive. The Bank had so power under the law to take resort to the provision of Article 34 of the Bangladesh Shilpa Bank Order 1972. Respond..

Category: Business or Commercial Law | Date: | Hits: 107

Moudud Ahmed Vs. State, 1996, 25 CLC (AD)

....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......n under section 561A Cr. P. C. to examine the admissibility, relevance, propriety or sufficiency of materials. For, all these questions, specially in a criminal trial, are mixed questions of fact and law which cannot be resolved in an abstract manner without the facts surfacing at the trial. A charg..

Category: Anti-Corruption Laws | Date: | Hits: 105

Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)

....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......ein and declaring that the notification dated 20.10.1993 issued under the signature of the appellant No.1 expelling the respondents from the Chittagong Medical College for ever was passed without any lawful authority and thus was of no legal effect. 2. Respondent in Civil Appeal No. 70 of 1994 a..

Category: Constitutional Law | Date: | Hits: 169

Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)

....mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......ss dated 27.7.94 in so far as it relates to invitation of tender for establishment of Cellular Mobile Telephone Service in major cities and areas of Bangladesh should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to cancel, r..

Category: Information Technology Law | Date: | Hits: 251

Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)

....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......ems which were admittedly installed at the cost of BTL, no show cause notice was issued to BTL. As such the impugned order so far as it relates to these three communication systems was passed without lawful authority and the Rule was made absolute in respect thereof. But in respect of cellular radio..

Category: Information Technology Law | Date: | Hits: 242

Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)

....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......imed pre-emption only of a part of the immoveable property purchased by her i.e. only of the land excluding the structures thereon, they were not entitled to claim pre-emption under the Mohammedan law. 5. The learned Subordinate Judge by his judgment and decree dated 16.11.1985 decr..

Category: Property Law | Date: | Hits: 84

Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)

.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......riod of time. 5. Mr. Shafique Ahmed, learned Advocate appearing on behalf of the appellants, has contended that the learned Single Judge of the High Court Division has committed an error of law in appointing a receiver in the suit property on the ground that the property was under the man..

Category: Property Law | Date: | Hits: 61

Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)

....t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......nt case the Court was constituted by the Chairman and only one member, the High Court Division by the impugned order declared the judgment of the Court of Settlement as to have been passed without lawful authority. 5. The petitioners are aggrieved because the High Court Division ref..

Category: Property Law | Date: | Hits: 53

Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)

.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......nbsp; ATM Afzal CJ.- In this appeal by leave, at the instance of the respondent-Government in Writ Petition No. 1602 of 1988, the short question is whether the High Court Division was justified in law in interfering with the decision of the Court of Settlement in exercise of its power under Arti..

Category: Property Law | Date: | Hits: 57

Abdul Wadud Vs. State, 1995, 24 CLC (AD)

....e decided according to the law as it existed when the action was begun, unless the new statute shows a clear intention to vary such rights. Where the legislature has made its intention clear that the amending Act should have retrospective operation, there is no doubt that it must be so construed eve......with the expiry of 360 days, if the trial has not been concluded. Section 339D has been repealed. The position now is, no stoppage, no revival. 4. The legal position of an amendment in procedural law has been aptly summed up by SA Rahman, J (as his Lordship then was) in the case of Md. Aslam vs...

Category: Criminal Law | Date: | Hits: 75

Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)

....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......ngladesh to be in possession of the suit property and he filed an application to the Minister of Public Works and urban Development in 20.6.79 for releasing the suit property in his favour being a lawful auction-purchaser thereof. 4. Instead of granting any relief to the auction- purchase..

Category: Property Law | Date: | Hits: 61

Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)

....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......cond appeal. 10. Mr. Md. Habibur Rahman, the learned Advocate appearing for the defendant No.l appellant, has urged two points in this second appeal. Firstly, that the Courts below erred in law in deciding the case on a wrong onus of proof and on an erroneous presumption that the properti..

Category: Property Law | Date: | Hits: 51

Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)

....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......unishable under sections 161 and 165A of the Pakistan Penal Code have not at all been brought home against the accused appellants in this case and the said charges are not at all maintainable with law and in the facts and circumstances of the case. 9. Mr. Zahurul Huq Khan, the learned Ad..

Category: Criminal Law | Date: | Hits: 68

State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)

.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......turned to his house. The suggestion pf illicit relationship between PW 1 Sk, Elahi Baksh and PW 2 Bano Bibi is believed by the fact that one month before the occurrence Parashullah Fakir, father in law of PW 2 Bano Bibi, had made PW 1 Sk. Elahi Baksh the identifier in the deed of gift Ext 6. Had,..

Category: Criminal Law | Date: | Hits: 62