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Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......the others entering the house of the other victims. So there was no necessity of framing separate charges for the two murders and for separate trial when section 239 of the Code is attracted to the case. …………….(15 & 17). Cases Ref..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......aiming the house as an abandoned property respondent No.1 petitioner has acted illegally including the house in the aforesaid gazette. An application before the Court of Settlement in the aforesaid case was however rejected by the two members instead of three as contemplated under the Ordinance t..Category: Property Law | Date: | Hits: 46
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ......p; August 8, 1999. The Bangladesh Civil Service Seniority Rules, 1983, Rule 3 The case filed before the Administrative Tribunal was not maintainable in law as necessary parties who ..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......Court Division in both the writ petitions are on the very face illegal and we cannot think how a Division Bench could pass such an order. Such matters have been set at rest by this Division in the case of Government of Bangladesh and others vs Mohammad Faruque reported in 51 DLR (AD) 112 wherein..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......lid and legal notice under section 106 of the Transfer of Property Act in the matter of determination and termination of the tenancy of the petitioner. In view of the facts and circumstances of the case and for the reasons stated above, the judgment and decree complained of are not tenable in la..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ...... 2001. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles &102 Since question of financial interest of the State is seriously involved in the instant case, in our view the Chittagong Port Authority should place the papers relating to the bid of the p..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ......e aforementioned suit filed an application under Order IX rule 13 CPC for setting aside of the ex parte decree and thereupon Miscellaneous Case No. 76 of 1982 was registered. The said Miscellaneous case was ultimately dismissed on 23rd April 1985. As against the order of dismissal defendant No.7..Category: Property Law | Date: | Hits: 63
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......n 302 of the Penal Code and sentenced to suffer imprisonment for life. 2. The short fact leading to this petition is that on 6-10-1989 one Dainus Ali lodged an unnatural death case with Sherpur Police Station alleging that in the morning he got information that his daughter ..Category: Criminal Law | Date: | Hits: 52
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......h Court Division acted illegally in not deciding the appeal on merit and allowing the same merely on an application filed by the plaintiff-respondents for amendment of the plaint and in remanding the case back to the trial Court to fill in the lacuna in the pleadings and to lead fresh evidence by th..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ...... cause as to why he should not furnish security and the direction could not be given or communicated unless a notice is issued and served upon the defendant Nos. 1 and 2. 7. In the instant case, as has been found by the High Court Division and on our perusal of the record it is found to ..Category: Civil Law | Date: | Hits: 115
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ..Category: Property Law | Date: | Hits: 43
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ...... from Bangladesh Awami League and in the by-election held on 15-11-1999 he contested the same with symbol ‘Piri’ and the Awami League candidate with symbol ‘Boat’. It is the case of the petitioner that the party in power took this election as a prestige issue and has cause..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ...... thereby setting aside the judgment and order of conviction and sentence dated 22-10-1997 passed by the Additional Sessions Judge, Habiganj in Sessions Case No. 17 of 1994. 2. The prosecution case, in short, is that one Md. Thakur Dhaon Miah alleged, inter alia, that his niece Salma Khatun (..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
.... which is already incorporated cannot therefore, be wound up at the instance of the writ petitioner in an indirect manner. The Writ petitioner as found from the prayer portion wanted to cut at the root of incorporation which is not permissible under the law and on that count also the writ petiti...... ii) There is no bar in the law in investing foreign donations in income generating activities….........(30) Cases Referredto- Dr. Mohiuddin Farooque’s case, 49 DLR (AD) 1; Trustees of the National Deposit Society vs. Skegness Urban Council (1958) 2 A..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
.... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......y the plaintiff for leave to appeal from the judgment and order dated 7 July 1996 passed by the High Court Division in Civil Revision No. 598 of 1990 discharging the Rule. 2. The revision case has arisen in this way. The plaintiff (Government of Bangladesh) brought Other Class Suit No. ..Category: Procedural Law | Date: | Hits: 97
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......ue by assaulting and throttling her and then buried her on 18 March 1987. This information was recorded in General Diary No, 475 dated 19 March 1987. The Sub-Inspector took up investigation of the case and in course of investigation exhumed the dead body of Monowara Begum and a post-mortem exami..Category: Criminal Law | Date: | Hits: 55
Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
...., facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ......right guaranteed or secured to him by or under any law. Lawyers Involved: SM Munir Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record—For Petitioners. (In all cases) Khalilur Rahman, Advocate, instructed by Md Wahidullah, Advocate-on-Recor..Category: Labour and Industrial Law | Date: | Hits: 115
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......al of the said respondents. Leave was granted at the instance of the State to examine as to whether the High Court Division correctly followed the rules of appreciation of the evidence in the instant case, which was a case of gruesome double murder. 2. We have heard the learned Deputy Attorney-Ge..Category: Criminal Law | Date: | Hits: 55
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......of signature or writings and so adoption of such a method cannot be termed as hazardous or dangerous….....................(7) The Transfer of Property Act, 1882 (IV of 1882) Section 111(g) In case of forfeiture of tenancy for denial of title, written notice of lessor’s intention to determi..Category: Tenancy Law | Date: | Hits: 70
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ......llip;…(5) Lawyers Involved: Dabiruddin Ahmed, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on- Record For the Appellant (In all the cases). Md. Nawab Ali, Advocate-on-Record — For the Respondent (In all t..Category: Fiscal/Taxation Law | Date: | Hits: 66