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Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
....cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ...... 115 of the Code of Civil Procedure, being Civil Revision No. 1216 of 1997 against the said order. A learned Single Judge of the said Court discharged the Rule, by his order dated May 1997, on the view that the revision case was incompetent, as the plaintiffs not availed themselves of the remedy..Category: Procedural Law | Date: | Hits: 109
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138...
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......tution of Pakistan introduced some more limitations and provided for a period of expiry of interim orders. The Indian Constitution does not contain any limitations at all, save the provision for review of the interim order if it was obtained without notice to the other side, viz. Article 226(3) ..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ...... the occurrence. The High Court Division accepted that the accused persons in resisting the trespass and mischief to there crops caused injury to the victim. But the High Court Division, taking the view that the informant party was unarmed, that deceased Kadem Ali was in malkocha fashion and tha..Category: Criminal Law | Date: | Hits: 96
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......he same was not credited to the Jiban Bima Corporation’s Current Account No. 3260, the prosecution has been able to prove the case against the accused beyond the shadow of reasonable doubt. In that view of the matter, the judgment calls for no interference. 4. It may be mentioned here that th..Category: Anti-Corruption Laws | Date: | Hits: 81
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ......er. Non-payment of maintenance costs by the previous owner cannot be a ground for refusal to mutate her name in the records of the Cantonment Board. We therefore, find no reason to differ from the view of the High Court Division. This petition is otherwise barred by limitation. ..Category: Property Law | Date: | Hits: 74
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......f the other accused from a common charge under section 302/149 of the Penal Code has not been perceived, rather the conviction of the appellant has been upheld making contradictory findings. In any view, impugned judgment is open to serious criticism. Prosecution case, to recall br..Category: Criminal Law | Date: | Hits: 104
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ...... 6. Mr. Karim has found himself unable to assail the second finding as to the suit being hit by, section 42 of the Specific Relief Act which is based on several decisions. 7. In any view of the matter the suit appeared to be doomed from the beginning. The petition i..Category: Employment/Service Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......, inter alia, that the notice under section 106 of the TP Act was not served upon the defendant and the defendant is also not a defaulter. 6. Leave was not granted to consider whether (i) in view of the postal peon’s evidence that the notice under section 106 of the Transfer of Property A..Category: Tenancy Law | Date: | Hits: 93
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......t of rents was to fail. The learned Judge of the High Court Division has, therefore erred in law in refusing to set aside the decree passed by the trial Court. 5. It is the consistent view of this court that once it is established that a person is a tenant he cannot be permitted dur..Category: Property Law | Date: | Hits: 69
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......ompatible with the innocence of the appellant Airport Manager and incapable of explanation upon any other reasonable hypothesis than that of his guilt. We hold that the appellant Airport Manager in view of the circumstances noticed by High Court Division must have had knowledge that the two fore..Category: Criminal Law | Date: | Hits: 130
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......ng a vokalatnama and written objection in the injunction matter. Subsequently, he did not file any written statement in the suit and consequently the ex parte decree was passed on 26-9-89. In that view of the matter, the submission of the learned Advocate that summons were not served on Jaripudd..Category: Property Law | Date: | Hits: 74
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....s granted on the submissions of the learned Advocate for the plaintiff-appellant to consider the following submissions: “First, the High Court Division acted upon an erroneous assumption of facts in dealing with the issue of quantum of damages. The total number of......d under instruction of public health department and upon receipt of complaint from the public and wrongly held that the plaintiff manipulated all these evidence to defraud the defendants with a view to making an unlawful gain. The evidence on record has not been duly considered in consequenc..Category: Business or Commercial Law | Date: | Hits: 147
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......vil Procedure, 1908 (V of 1908) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be rejected as..Category: Property Law | Date: | Hits: 52
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ..Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......sion and obtained a Rule, which has been discharged by the impugned judgment and order. 3. Leave was granted to consider whether a legal and proper sentence has been imposed upon the appellant in view of the facts and circumstances of the case. 4. Kazi Shahadat Hossain, learned Advocate for ..Category: Anti-Corruption Laws | Date: | Hits: 71
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....atta in question was not acted upon. Rent receipts showing payment of rent from the side of the plaintiff were filed and marked Exhibit-2 series. But those were not taken into consideration upon an erroneous assumption that the same were never filed, although record shows that the said exhibits w......plaintiff had no right, title, interest and possession in the land in suit and that the suit was barred by limitation and adverse possession. In coming to its conclusion the learned Judge took the view that the certified copy of the registered patta was inadmissible in the absence of any explana..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ...... and further held that Sk. Jagoo and thereafter his heirs were all along present in Bangladesh after liberation and hence there was no reason for treating the property as abandoned. 8. In view of the aforesaid finding of the Court of Settlement in both the two cases Mr. B Hossain finds ..Category: Property Law | Date: | Hits: 58
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ..Category: Intellectual Property Law | Date: | Hits: 242
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