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A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ......ovt. of Bangladesh...............................Petitioner Judgment December 7, 1976. Lawyers Involved: Sultan Hussain Khan, Deputy Attorney General instructed by Abu Backkar, Ad......ting interference with the administration and maintenance of law and order in the locality and thereby violated the provisions of sub-clause (d) of clause 4 of Article 2 of President's Order No. 50 of 1972. It further appears that some specific cases under sections 395 and 397 ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......ash;AIR 1922 P.C. 80; Lenhon Vs. Gibson and Howes Ltd. 1919 A.C. 709; Secretary of State for India Vs. Chelikani Rama Rao, L.R. 43 LA. 193 and Hem Singh vs. Basant Das, L.R. 63 IA 180. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-General with M/S. Ronadhir Sen, De......cord—4, for the Respondent No. 9. Ex parte.—For the Respondent Nos. 1, 4, 5, 7 & 8. Civil Appeal No.10 of 1974. (From the Judgment and Order passed by the High Court of East Pakistan in Appeal from Original Decree No. 158 of 1966 conv..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......es.......................................... Appellant Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed and others. ………..Respondents Judgment August 18, 1976 Lawyers Involved: Abdul Malek, Advocate instructed by S. M. Huq, Advocate-on-Record—For the App......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......173 & Sher Ali Vs. State (1958) 10 DLR 374 ; Akam Sheikh Vs. Emperor. AIR 1947 Cal. 35; Kalaporla vs. Hyderabad Court, AIR 1953 Hyd. 249; Begu & ors. Vs. King Emperor, AIR 1925 130. Lawyers Involved: T. H. Khan, Advocate with Rabeya Bhuiyan, Advocate, instructed by S. M. Hu......ence of any charge thereunder. 2. The appellants were placed on trial on a charge under section 302/34 of the Bangladesh Penal Code read with part IV (b) of the Schedule to President's Order 8 of 1972 and Article 11(d) of the said order before the Special Tribunal No. 2, Chittag..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ......nd thus they committed culpable homicide not amounting to murder under part II of section 304 of the Penal Code. ……………………( 9 & 10) Lawyers Involved: Sharif Uddin Chaklader, Advocate-on-Record—For the Appellants. ...... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......th the appropriate forum i.e. the Administrative Appellate Tribunal, writ petition before the High Court Division is not maintainable……………(6) Lawyers Involved: B Hossain, Advocate-on-Record—For the Petitioner ......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ..Category: Administrative Law | Date: | Hits: 132
Habibur Rahman Howlader Vs. State and another, 2001, 30 CLC (AD)
....ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ......nstruments (Amendment) Act, 1994, Section 138 Since a legal notice was served within fifteen days of information of return of the cheques, there was no valid ground for quashing the proceeding. Lawyers Involved: AJ Mohammed Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Reco......ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ..Category: Business or Commercial Law | Date: | Hits: 117
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......lso found that illegality has been committed in not calling for the record of the earlier Title Suit No. 21 of 1968 over which the present suit has been filed……..(4) Lawyers Involved: Abul Quasem, Advocate-on-Record—For the Petitioner. ......hers......................... Respondents Judgment June 26, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order 41 rule 23 The High Court Division rightly found that the suit could not be sent back ..Category: Property Law | Date: | Hits: 74
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......rt Division were perfectly correct in holding that prima facie the bank where the money is deposited on the basis of the contract the Bank cannot be injuncted……..(7) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by AKM Shahidul ......s.............Respondents Judgment February 18, 2001. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, Rules 1 & 2 & Section 151 The Banking Companies Act, 1991..Category: Civil Law | Date: | Hits: 112
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ......d allotment of the same to others. Further, the allottees of the plots had not been impleaded in the two Rules and so those are bad for defect of parties…………(3) Lawyers Involved: Dr. M Zahir Senior Advocate (MA Rahim, Advocate with him), instructed b......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ..Category: Constitutional Law | Date: | Hits: 138
Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)
....iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ......eclaration does not put an embargo on the employer to look into the personal record of the declarant to see if the declaration made in the verification roll is correct or not. Lawyers Involved: AK Mujibur Rahman, Advocate, instructed by Md. Nawab Ali, Ad......iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ..Category: Employment/Service Law | Date: | Hits: 71
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
....erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ...... has observed will have no binding affect on the trial Court while disposing of the suit on merit as these were made while disposing of the interlocutory matter……(6) Lawyers Involved: M Hafizullah, Senior Advocate, (SK Siddique, Advocate with him)......)....................... Respondent Judgment July 18, 2001. The Code of Civil Procedure 1908 (V of 1908), Order XXXIX, Rule 1 Whatever the High Court Division has observed will have no..Category: Intellectual Property Law | Date: | Hits: 224
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......losing the death due to poisoning subsequently finding the death caused due to injuries being homicidal in nature, there is no bar in filing a second FIR stating the real cause of death. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner &......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......court can not be considered beyond the law whenever offence on the same transaction falls on different categories as per law triable by separate courts with separate jurisdiction. Lawyers Involved: Sk Afzalur Rahman, Advocate instructed by Nawab Ali, Advo......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ..Category: Criminal Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
..... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ...... 1985 (LIV of 1985), Section 10 Dismissal of the case for default of the petitioner by not deciding the case on merit is illegal and without lawful authority. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidu....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ..Category: Property Law | Date: | Hits: 57
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ...... not be delayed to frustrate the process of the election and their such absence shall not render the election process unlawful………(22 & 23) Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Md. Aftab Hos......d—For Respondent No.9. Not Represented—Respondent Nos. 2-8 & 10-11. Civil Appeal No.23 of 1999. (From the Judgment and Order dated 6th January, 1999 passed by the High Court Division in Writ Petition No.106 of 1998). ..Category: Election Law | Date: | Hits: 124
....fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
...... 1972, Article 103
The terms and conditions of compromise are the matters of evidence and such matter may be agitated before the trial court for adjudication with liberty to adduce evidence.
Lawyers Involved:
Rokanuddin Mahmud, Senior Advocate, instructed Sharifuddin Chaklade, Advocate-...... the same and sent it back to respondent No. 3 as per terms and conditions proposed by them for compromise. Thereafter, the petitioner filed an application on 27-10-1996 before respondent No. 1 under Order XXIII rule 3 of the Code of Civil Procedure for a compromise decree in terms of Board resoluti..
Category: Civil Law | Date: | Hits: 109
Shahanara Khatun and other Vs. Abu Taleb Pramanik and others, 2001, 30 CLC (AD)
....ned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 90. ......he miscellaneous case was filed to delay the disposal of execution proceedings and to continue unauthorised possession so there is no illegality in the impugned judgment. Lawyers Involved: AH Amin, Advocate-on-Record—For the Petitioners. ......l Revision No. 52 of 2000 affirming the judgment and order dated 26-9-1999 passed by the Senior Assistant Judge, Sadar Pabna in Miscellaneous Case No. 61 of 1998 arising out of an application under Order 9 rule 13 of the Code of Civil Procedure for restoration of Small Causes Court Suit for evic..Category: Property Law | Date: | Hits: 51
Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)
....a situation we find no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89. ......a re-hearing of whole matter whereas all the points raised have already been thoroughly discussed and considered so without any new material the same can not be re-considered. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitione......a situation we find no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89. ..Category: Constitutional Law | Date: | Hits: 141
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