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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. ......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. ...... cannot be treated as corroborative evidence. The High Court Division found that the examination of the accused persons under section 342 Cr.P.C highly prejudiced them inasmuch as the incriminating facts and circumstances of the case against them were not brought to their notice to enable them to..Category: Criminal Law | Date: | Hits: 104
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......) Once the Special Bench of the High Court Division has applied its mind in terms of section 99D of the Code of Criminal Procedure by going through the offending books there is no relevance of the question that grounds of forfeiture of the books are not covered by the requirements of section 99A ......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ..Category: Others | Date: | Hits: 122
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. ......nstituting a suit against the Union Parishad is not excluded, It has been held by the Court below that the Union Parishad was not prejudiced as it contested the plaintiff’s suit. It is not a question of prejudice but one of fulfilling a condition prescribed by law before is filing a suit a......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. ..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. ...... 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. ......t No.1 did not even examine himself as a witness to deny the evidence of PWs 1 and 4. 11. The High Court Division thus appears to have fallen into an error of law in reversing the finding of facts arrived at by the trial Court, giving a finding that the finding of fact given by the trial Co..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ...... have been made without lawful authority and of no legal effect. 7. The learned Counsel for the petitioner, Export Promotion Bureau, urged before us that the writ petition involved disputed question of facts for which no writ lay; secondly, the order of the Government upon which the impug......ade without lawful authority and of no legal effect. 7. The learned Counsel for the petitioner, Export Promotion Bureau, urged before us that the writ petition involved disputed question of facts for which no writ lay; secondly, the order of the Government upon which the impugned Notifica..Category: Business or Commercial Law | Date: | Hits: 117
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. ...... and circumstances of the case proper discretion has been exercised in the matter of awarding sentence to the two foreigner-appellants Berhard Rudigar and David Anthony Chalmer Chalker, keeping the question of sentence open for accused-appellant Major (Retd) Ashrafuddin Sekander as the question o...... said Act and the order of conviction and sentence passed against him was set aside. 3. In both the two appeals under consideration, leave was granted only to consider whether in the facts and circumstances of the case proper discretion has been exercised in the matter of awarding ..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......ment of compensation was stalled due to raising of objection on an application before the joint Secretary prior to the date of appearance before the Deputy Commissioner for claiming compensation, the question of abetment under section 12 of the Ordinance is irrelevant. Lawyers Involved: SR ......peal setting aside the Order of the High Court Division. 4. It has been held that in the impugned decision that the High Court Division erroneously invoked section 12 of the Ordinance ignoring the facts of the case and wrongly directed the Deputy Commissioner, Dhaka to record an order to the effe..Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......the damage to be 55% of the total stock to which the appellant disagreed and the appellant’s note of dissent was recorded in the minute and the surveyors suggested that final decision on this question would be taken after a discussion between the insurer, the insured and the surveyors. But ......ions 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 master cartons in the f..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. ...... others ……………...Respondents Judgment May 15, 1996. The Code of Civil 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 ......imitation. The contention seems to be a misconceived one. Construing the plaint as a whole we are unable to hold that Article 102 of the Limitation Act has any manner of application in the facts of the case. The question of limitation being a mixed question of law and fact should be deci..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. ......n plot, but pre-emptor being not a co-sharer in SA Khatian No. 185 it was rightly held by the learned Single Judge of the High Court Division that the application was not maintainable. The land in question being non-agricultural in nature application under section 96 of State Acquisition and Ten......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. ......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. ......ained 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 the appellan..Category: Anti-Corruption Laws | Date: | Hits: 71
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ...... of the said land to defendant Nos. 2-3 who had since been in possession of the same and that defendant No. 1 had obtained an ex parte decree in Title Suit No. 59 of 1962 in respect of the land in question. 4. The trial Court on consideration of the facts and circumstances of the c......e learned Single Judge has correctly noticed that the lower appellate Court misread the evidence on record and failed to take note of the aforesaid material evidence in arriving at its findings of facts. Hence there is nothing to interfere in the matter……………&he..Category: Property Law | Date: | Hits: 49
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ed Other Suit No.78 of 1994 against the plaintiff-respondent in the 1st Court of Subordinate Judge, Pabna on declaration that “ORALSALINE” or “ORSALINE” are not similar and identical. On the application of the petitioners as plaintiffs, an order was passed by the learned ......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
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......ause of serving of one month’s notice to determine the tenancy but in the meanwhile by virtue of the oral gift the ownership of the suit shop has been transferred to the plaintiff and, as such, the question of giving one month notice as per the old lease agreement between the defendant and the ori......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..Category: Tenancy Law | Date: | Hits: 78
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....ition is dismissed. The Evidence Act, 1872 (I of 1872), Sections 45 & 73 The expert’s opinion is not a substantive piece of evidence. To the concurrent findings of the court below as to identical signature of the petitioner appearing on the Ext. 3 series and to other finding of facts, ......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......rt’s opinion is not a substantive piece of evidence. To the concurrent findings of the court below as to identical signature of the petitioner appearing on the Ext. 3 series and to other finding of facts, this Division will not interfere as the learned Judge of the High Court Division has consider..Category: Criminal Law | Date: | Hits: 95
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......(V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for the purpose of determining the real question in controversy. The proposed amendments for recovery of possession in a suit for declaratio......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ...... The plaintiff not asking for further relief of joint possession or partition as co-sharer of the defendant (as claimed by the plaintiffs), the plaintiff not having exclusive possession and involves question of complicated title, without such relief, the suit cannot proceed. The lower appellate cou......ter, it will not at all be fair to put blame either upon the lower appellate Court or the High Court Division that they did not declare plaintiffs’ title to the part of the suit land. 9. In the facts and circumstances of the case the lower appellate Court appears to have rightly held that the ..Category: Property Law | Date: | Hits: 93
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......ailing, under section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974, briefly “the Act the nikah registration area of the petitioner. In the Writ petition, the petitioner called in question the said order of the Government alleging, inter alia, that in 1991 he was appointed perman......lated under Rule 8 thereof and, as such, the learned Judges of the High Court Division erred in not setting aside the illegal revocation of the petitioner’s licence. Mr Wahhab next submits that the facts of the case reported in 1996 BLD (AD) 110 being distinguishable from the instant one, the lear..Category: Employment/Service Law | Date: | Hits: 137
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......or dismissal of the election petition under article 58(a) of the Order. We thus find no substance in the contention of the learned Counsel for the petitioner on this point. 12. With regard to the question whether there has been any non-compliance with the provisions of article 51(2) of the Order......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ..Category: Election Law | Date: | Hits: 168
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......was also the main consideration which influenced the Governor in Council in approving the succession of the present Bohmong. His Excellency in Council considers that it should be followed in deciding questions relating to the succession which may arise in the future.” In the Upajatiya Gabeshan....... 1 to the office and dignity of Bohmong Chief. 7. Respondent No. 4 in the writ petition (respondent No. 1 in this appeal) also filed a separate affidavit-in-position and more or less adopted the facts and arguments of the Government-respondents. The Writ petitioner-appellant filed an affida..Category: Civil Law | Date: | Hits: 203
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