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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 ...... 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. ..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......ndment of the plaint and giving opportunity to the parties to adduce further evidence. 3. Plaintiffs filed Title Suit No. 184 of 1988 for partition of the ‘Ka’ schedule and ‘Kha’ schedule lands. Ka’ schedule lands measuring 4.01 acres originally belonged to Imam Bux. He died leaving wi..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 ......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. ..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. ...... 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....... 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. ..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 (......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. ..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ...... 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......the surplus money may be invested and the profit earned may be used for the purpose for which the charity was established. In support of his submission Syed Ishtiaq Ahmed placed reliance in All England Law Reports 1958 612 wherein it has been found as follows: “Looking at the w..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. ......cree dated 26 June 1980 passed by the said court in Other Class Suit No. 287 of 1980 was illegal, collusive and not binding upon them and that the defendants had not acquired any title to the suit land. 3. The defendants resisted the claims of the plaintiff. &nb..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...... 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. ..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......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ..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...... 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. ..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......e of lessor’s intention to determine the lease is not compulsory and must be optional as the notice is not for the part of the cause of action for such eviction and cause of action is the denial of landlord’s title……………………..(8) Lawyers Involved: Khandaker Mahbubuddin Ahmed,..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...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ......the record or any other substantial cause. Review is therefore by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but lies only on pateni error. In the instant case the review was sought for on the ground of misapplication of certain decision cited to hold th...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......ul authority and further directing respondents to lease out the disputed land to the writ petitioners till character of the disputed land is decided by the civil Court. 2. The case of the writ petition, in short is that one Ram Chandra Moni purchased 7.83 acres land by kaba...... The Transfer of Property Act,1882 (IV of 1882), Section 105 i) There is no scope in the writ petition to decide disputed question of ownership of the parties in the land in question which should be left to be decided by the civil court after consideration of evide..Category: Property Law | Date: | Hits: 43
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... Court Division in exercising the discretion. 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) 13. ......ial status in the matter of condonation of delay and it is well settled that they should be treated equally with other public litigants. He submits that the Government respondent failed to make out a case for condonation of delay of such a long time and the explanation is not at all satisfactory. ...... Court Division in exercising the discretion. 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) 13. ..Category: Procedural Law | Date: | Hits: 121
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 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) 5. ...... The Administrative Tribunals Act, 1980 (V of 1981), Section 4 The Administrative Tribunals Rules, 1982, Rule 7 The execution case was dismissed on the ground that the order passed by the Tribunal was declaratory without any......ding to this petition is that, the petitioner was a Senior Scientific Officer of Bangladesh Agricultural Research Institute on deputation from the Ministry of Agriculture and he was sent to New Zealand for Post Graduate training but within the period fixed he did not return to this country and w..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......ndent inflicting major penalty upon the petitioner for having made financial mistake was whimsical on the part of the respondent and that the High Court Division did not consider this aspect of the case. 8. Lastly he submits that the order of punishment of removal from service is grossly......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ...... entertainment of any suit or application against any order or action under the Act. So, embargo embodied under section 44 of the Ordinance 1992 has closed the door of the Plaintiff in the present case to file and maintain the suit……………….(33 & 34) ......If an immovable property is acquired validly by the Government the plea of non using it by the requiring body for the purpose for which it was acquired does no confer any right to the owner of the land to claim that property as no vested right or any legal right has accrued in favour of the prev..Category: Civil Law | Date: | Hits: 77
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......e 4th Court of Subordinate Judge and Artha Rin Adalat, Dhaka and the same was transferred to the Subordinate Judge and Additional Artha Rin Adalat No.2 as Title Suit No.220 of 1992. The plaintiffs case was that the petitioner No. 1 is a trading institution and defendant-petitioner No.2 is the pr......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 120
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