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Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......he facts and circumstances of the case and the evidence on record we find that the High Court Division considered the matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as t..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ...... in bringing home counter-contentions. Good numbers of authorities have been referred to from the Bar in support of respective contentions. 28. On authority it can conveniently be posited that a decision is only an authority for what it actually decides. It cannot be quoted for a proposition th..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......adjudication by Appellate Judge. Vendor as petitioner approached this Court in this Revision petition under section 115 of the Code. 4. The Only question that outlasts determination is whether decision contributed by Appellate Judge in allowing Pre-emption Miscellaneous Case on overthrowing ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......hat the offence under section 10(1) of the said Ain was not committed as deaths were not caused on account of dowry, although the deaths were caused by the condemned prisoners. This Court following a decision in the case of Ashnan Begum Vs. State, 51 DLR (AD) 18, convicted the condemned prisoners un..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......hospital; that there was an enquiry on the application of the defendant No. 6 and in the light of the enquiry report the Allotment Committee considered the application of the defendant No. 6 and took decision to lease out the land in suit as institutional plot to him. It was the definite case ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
..... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... without going through the contents of the deed itself and thereby the High Court Division committed an error of law in reversing the finding of the Court of appeal below resulting in an error in the decision causing failure of justice ignoring the fact that the decision of the Court of appeal below..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
....illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ......;2-1987 in order to avoid transfer of 3rd and 4th class employees provided the principle which was duly approved by the Cabinet Division Meeting dated 23‑2‑1986 and pursuant to the decision of the Cabinet Division Meeting it was informed to all concerned that the job of 3rd and ..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......¿à¦œ' along with the bust of his son in respect of bidies. The present petitioner filed an opposition which was rejected on merit and the petitioner did not file any appeal against that order and decision dated 25.8.98 passed in opposition Case No.1366 of 1996 and as such the present application..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:....... Result: The appeals are allowed. The Constitution of Bangladesh, 1972, Article 102 Whether Writ petition challenging award of contract is maintainable? Where there is no decision contrary to the terms of the tender or no lack of transparency in the process of evaluation..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 248. ......e accrued jurisdiction of a Nikah Registrar without following any procedure at the sweet will of the executive, by abusing its discretionary power. In support of his submission he has relied upon the decision of this Court in the case of Dr. Nurul Islam Vs. Bangladesh reported in 33 DLR (AD) 201. Th..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......torney‑General for the State. 11. Mr. Malek at the very outset submitted the High Court Division did not at all discuss the evidence and also did not assign reasons for coming to the decision and the decision of the High Court Division is not based on proper assessment, evaluation a..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......ounced only to shield the condemned prisoner. The subsequent testimony of PW 8 was thrown away very correctly by Bishesh Adalat on disengaging truth from falsehood. No exception can be taken to the decision reached by Bishesh Adalat. Third branch of contention, also falls to the ground. ..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......ordered. The Abandoned Building (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10(5) The Court of settlement dismissed the case for default without giving any decision as to whether enlistment of property as abandoned building, had legally been done and the..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......evance petition to appellant No. I under section 25(1)(b) of the said Act. The appellant No.1 by its letter dated 27‑10‑1992 replied to the said grievance petition upholding its earlier decision dated 2‑101992. Thereafter, the respondent No.2 filed Complaint Case No. 122 of..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......llants Vs. AKM Saiful Alam and others..................... Respondents Judgment November 3, 2003. The Constitution of Bangladesh 1972, Article 102 (2) Delay or prompt decision taken in the matter of cancellation of allotment in the circumstances of the case cannot be..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......out the factum of possession. 10. From our discussion above we have already found that 1st party opposite party No.1 got a decree of permanent injunction in his favour in the disputed land. In a decision in the case of Shah Mohammad Vs. Haque Newaz & State, reported in 23 DLR (SC) 14 it has..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......om were not legal and valid and the Exhibit 6, Nadabi deed, executed by Gonesh Chandra Mondal's son Haripada Mondal ought not to have been taken into consideration for the purpose of arriving at a decision that Gonesh Chandra Mondal, son of Joy Gopal Mondal ceased to be the owner of the land of ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......prisonment for life. The convicts then preferred the above appeal before the High Court Division but the appeal was dismissed and the High Court Division by the impugned judgment and order upheld the decision of the trial Court. On granting of leave, the convicts preferred the present appeal before ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......e parties, the High Court Division erred in holding that the petitioner committed breach of contract in failing to pay up the balance consideration money by 25.2.85 and such error led to an erroneous decision occasioning failure of justice. He next submits that the petitioner being in possessi..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256