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Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ...... of the dead body to the said Police Station on the basis of which another General Diary was entered. Thereafter, UD Case No. 82 of 1995 dated 24‑8-1995 was started. Inquests being held postmortem examinations took place and a regular case being Kotwali Police Case No. 6 dated 4‑......f the guilt of the petitioner, it is not a case of moral conviction. Cases Referred to- Shah Khan vs. State 18 DLR (WP) 91; Abdur Rashid vs. State 27 DLR (AD) 1, Muslimuddin & ors vs. State 38 DLR (AD) 311; Saidur Rahman Neuton and others vs. State 4..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....bsp; (2) The petitioners 1 to 7 are directed to sign instruments of transfer of the share in requisite form in favour of the respondent Nos. 2, 3, 4 and 5 and deliver the same to the registered address of the company. 20. Having considered the well reasoned and granti......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......;…………….(16 & 19) Cases Referred to- Nafisa Chowdhury vs United Food Complex 53 DLR 81 and Syed Al Nesar Ahmed vs Nafiza Chowdhury 53 DLR (AD) 83. Lawyers Involved: Dr. M. Zahir, Senior Advocate, Md. Nawab Ali, Advoc..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....t Locker of the State Bank OF India at its main branch, Calcutta. She having died, her husband, the opposite party herein, applied for succession certificate in respect of the said goods which was registered as Act 39 Case No. 414/78. After the filing of the said application a question was raise......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....ormance of Contract stating, inter alia, that the defendant No.1 (hereinafter referred to as petitioner) was the owner of the suit property described in the schedule of the plaint on the basis of the registered deed of Heba‑bil‑Ewaz No. 40287 dated 15‑12‑1980 and also by inheritance. The def......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ...... of market price. Further, in case of sale of immovable property time is not essence of the contract. Case referred to- Ram Chandra Dash and others Vs. Md Khalilur Rahman and another, 1985 BLD (AD) 41= 37 DLR (AD) 21. Lawyers involved: Mohammad Ozair Farooq, Senior Advocate, instructed b..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....e which she acquired from her father's property, she had purchased many properties including the disputed ‘Chaa' schedule land and that while plaintiffs father decided to go to pilgrimage, by a registered deed of gift (Exhibit Ga) being No. 91 dated 24‑12‑1946 (registered on 7̴......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......ailed to disprove the same………………………(18 & 28) Cases Referred to- Rezaul Karim vs Shamsuzzoha 49 DLR (AD) 68; Shashi Kumar vs Nagendra Nath 1982 BLD 36; Sahimon Bewa vs Shafiuddin and others 38 DLR 265;..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....st Kamini Sundari Devi and others. The said suit was decreed in terms of compromise effected between the parties and the defendant No. 1 (of the instant suit) upon receiving Tk. 1, 500/- executed and registered a kabala on July 28, 1972 in favour of the plaintiff and made, over possession to him. La...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... against his order in the office of the Additional Deputy Commissioner, Revenue, Pirojpur and the plaintiff filed an appeal, being No. 91 of 1982 in the office of the Additional Deputy Commissioner, (ADC) (Revenue), Pirojpur and the same was dismissed by the ADC. Then the plaintiff filed appeal No..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....sional Engineer, Bangladesh Railway Lalmonirhat, filed an objection under section 30 of the Arbitration Act, 1940 which was subsequently transferred to the Subordinate Judge, First Court, Rangpur and registered as Miscellaneous (Arbitration) Suit No. 42 of 1993. There was no appearance from the side......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......or any part thereof till realisation. Cases Referred to- Bangladesh Agricultural Development Corporation vs. Kibria and Associates Ltd. 46 DLR (AD) 97; Bux Shipping Line vs. BWDB 7 BLC (AD) 27. Lawyers Involved: &nbs..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ......the writ‑petitioner was appointed as Upper Division Assistant on 10‑2‑1964 in the service of the Board of Intermediate and Secondary Education. Jessore and gradually promoted to the post of the Deputy Controller of Examinations (Higher Secondary Certificate). While the Writ-petitio......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....es. The return further disclosed that the respondent No. 1 transferred his 100 shares to appellant respondent No. 2 transferred her 100 No. 3 and appellant No. 5 and the said transfers shares to were registered on 3‑1‑1987. The names of the respondents were accordingly, excluded from the registe...... circumstance as well do not inspire any confidence in the authenticity of this document. Similar is the case with Exhibit G the alleged resignation dated, 31‑12‑1986 of Md. Moqbul Ahmed from the post of Chairman of the company. The gap in this Exhibit 6 between the content and the signature is ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....o consider the following grounds- "Mr. B Hossain, learned Deputy Attorney General appearing for the Government defendant appellants submits first, that clause 22 and 23 of the registered lease deed in respect of the suit house, if read together, imply that prior written perm......ouse and the house was vested in the Government as an abandoned property. Immediately after independence the suit house was taken under the control of the police department and used as police outpost and is still continuing to be under the control of the police department. However, the suit pr......tion of the above discussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....the judgment and decree of the High Court Division moved the Appellate Division by filing petition for leave to appeal and obtained leave to appeal and thereupon Civil Appeal No. 185 of 2000 was registered. 7. This Division by the judgment and order as mentioned here in before dismiss......alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...................Petitioner Vs. Bangladesh Water Development Board & others......Respondents Judgment August 18, 2002. Case Referred to- 46 DLR (AD) 97. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Ozair Farooq,..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......o local police station as above. SI Md. Mosharaf Hossain (P.W. 7) came to the house of the informant, held inquest on the dead body, prepared inquest report and sent the dead body to morgue for postmortem examination. 3. Police submitted charge-sheet against the appellants under section&n......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......by Hamida Chowdhury, styling her as Secretary of the Advisory Board stating, inter alia, that she joined as a Member of Bangladesh Civil Service (Administration) Cadre in 1993 and eventually has been posted as the Senior Assistant Secretary, Ministry of Home Affairs in the year 2000 dealing with the......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....t, non-partisan or disinterested then the evidence of such single witness can be taken as foundation in taking a decision in respect of an issue in the case. Section 114 (ii) A registered document carries the presumption of correctness and that one who challenges or disputes ......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......the background of the discussion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......Pakistan Circle/Dhaka Cantonment under the Ministry of Defence and, according to the said petitioner, he was running his service to the best. of his capacity and honestly and he was promoted to the post of the Assistant Director, Administration, Class‑1, Military Lands of the Cantonment, by......ent is governed under rule 3 of the Government Servants (Discipline & Appeal) Rule, 1976. Cases referred to- Habibullah Khan vs. Shah Azharuddin Ahmed and others, 35 DLR (AD) 72, Dr. Nurul Islam vs. Government of Bangladesh, 33 DLR (AD) 201. Lawyers Involved:&nbs..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....te, Zakiganj, Sylhet on October 10,1988 in GR Case No. 53 of 1986. Prosecution case was that convict‑appellants and seven(7) others in collusion with each other created two registered Muktipatras in respect of certain vested property which was leased out to different pers......operty, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery". The other section i.e. section 464, postulates circumstances in which a person is said to "make a false document". ......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....on, are that the plaintiff‑respondent Nos. 1‑3 instituted the aforesaid suit for permanent injunction, starting, inter alia, that a primary school namely, Laxmikantapur Wazuddin Munshi, a registered private school has been running for a long time established in a piece of land under Laxm......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......maggot formation). (2) Contusions of the frontal and occipital scalp (transmatic). (3) A piece of cloth was tightly ligated on neck (skin abrasion positive). 15. On deep dissection the posterior part of vaginal introitus was found raptured and lacerated. Black clotted extravasated blo......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......iously deprived of it because of strict interpretation of the term ‘aggrieved person” used in Article 102 of the Constitution. 44. In Dr. Mohiuddin Farooque’s case (49 DLR (AD) 1) it is stated in para-8 “……………if ther..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
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