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State Vs. Abdur Rashid, 1972, 1 CLC (AD)

....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ...... capable of giving rational answers to questions and whether he was capable of distinguishing the right from the wrong. In view of the absence of such note, either in the deposition sheet or in the order sheet, Mr. AW Mallick, the learned Advocate for the condemned prisoner contends that the tes..

Category: Criminal Law | Date: | Hits: 154

Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)

.... The plaintiffs however, further contended that they continued to be in possession of the suit property from the time of their lease from the Mutawalli of the Wakf Estate. In April 1962, however, the Government declined to accept rent from the plaintiffs and on enquiry, they came to know about the a......e held to be one which is barred by limitation. These are all the points that were raised by Mr. MH Khondkar in this second appeal and we find that there is no substance in them. It is, therefore, ordered that the appeal is dismissed with costs and the judgments and decrees of the courts below ar..

Category: Civil Law | Date: | Hits: 137

Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)

....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......gistration Act 3. More than 6 months thereafter the petitioner was informed by a letter being Memo No. 10283 dated 22.12.65 that the respondent No. 2 refused to register the document by his order dated 8.12.1965 under section 76(1) (a) of the Registration Act in view of the operation of t..

Category: Property Law | Date: | Hits: 73

Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)

....l put the same on sale to the public. (2) Before publication of such time-table, fare-tables or tariffs of freight the owner of a mechanically propelled vessel shall submit them to the Provincial Government for approval. (3) The Provincial Government may, by notification in the official Gaze......the Petitioner.  Respondent- Not represented.  Petition No. 465 of 1969.  Judgment Kemaluddin Hossain J.- The petitioner, Pak Waterways a registered partnership firm has challenged the order 7 of 11.1.69 of the East Pakistan Inland Water Transport Authority, hereinafter referred to as..

Category: Admiralty Law or Maritime Law | Date: | Hits: 255

Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)

.... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1.   ...... A M Sayem J.- This Rule was issued at the instance of Star Alkaid Jute Mills Ltd. a public limited company (hereinafter called the Company). In it, the Company calls in question the validity of an order of a Magistrate of the 1st Class at Chandpur restraining the Company permanently from construc..

Category: Others | Date: | Hits: 162

City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....inancial institution if he is already a director of a bank or insurance company or any other financial institution. Section 48 of the said Act provides that Bangladesh Bank in consultation with the Government of Bangladesh by a notification in the official gazette may declare that any or all prov......klader Advocate-on- Record — For the Petitioners. Not represented — the Respondents. Civil Petition for Leave to Appeal No. 656 of 1999. (From the judgment and order dated March 25, 1999 passed by the High Court Division, Dhaka in Writ Petition No. 4375 of 19..

Category: Business or Commercial Law | Date: | Hits: 106

Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......qur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record —For the Respondents. Civil Petition for Leave to Appeal No. 605 of 1999. (From the Judgment and order dated 11-5-1999 passed by the High Court Division in Writ Petition No. 4992 of 1997). J..

Category: Business or Commercial Law | Date: | Hits: 96

Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)

..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ...... Deputy Commissioner, Chittagong filed two separate written statements but defendant No.2 did not contest the suit. Defendant No.1 claimed ownership of the suit land and stated that the plaintiffs in order to grab the suit land created some documents. Defendant No.1 did not grant any settlement of t..

Category: Tenancy Law | Date: | Hits: 82

Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)

....dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ...... SR Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advoacte-on-Record-For the Respondents. Civil Petition For Leave to Appeal No. 930 of 1997. (From the judgment and order dated April 29, 1997 passed by the High Court Division, Dhaka in FMA No. 62 of 1989). ..

Category: Civil Law | Date: | Hits: 115

Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)

....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......for making an application in that behalf if sufficient cause is shown explaining the delay……..(8) (ii) It is a misconception that for condonation of delay for setting aside an order of abatement a petition under section 5 of the Limitation Act is necessary as because the pe..

Category: Property Law | Date: | Hits: 72

Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)

....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......t No. 1 (In Criminal Appeal No. 12 of 1999).  Not represented—Respondent Nos. 2-5 (In Criminal Appeal No. 12 of 1999).  Criminal Appeal No. 9 of 1998  (From the judgment and order dated June 4th, 1998 passed by the High Court Division, Dhaka in Criminal Appeal No. 1013 of 1..

Category: Criminal Law | Date: | Hits: 71

Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)

.... place and after Justice AN Roy was appointed Chief Justice of India superseding some senior Judges and some American examples as also the Bangladesh experience after the installation of an elected Government in 1991 were cited as examples of conflict between the legislature and the judiciary. T......torney-General with him) instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Respondent. Criminal Appeal No. 16 of 1996 (Direct Appeal). (From the judgment and order dated 29-6-95 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 814 of 1995..

Category: Criminal Law | Date: | Hits: 75

Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)

....hasers from the original owners of the land which was outside the acquisition. There were various cases over the acquisition of land in that area and the writ- petitioners always represented to the Government that they were bonafide purchasers of land outside the acquired land. On 15-11-84 an int......2, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. All the findings, orders and observations made by the High Court Division on the question of title and possession of ..

Category: Property Law | Date: | Hits: 64

Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)

....Abdul Mutalib…………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. The Local Government (UP) Ordinance, 1983 (LI of 1983), Section 29(4) The Code of Civil Procedure, 19......by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent No.1. Respondent Nos. 2-8 — Not Represented. Civil Appeal No. 3 of 1996. (From the judgment and order dated 3-8-95 passed by the High Court Division in Civil Revision No. 2284 of 1995). Ju..

Category: Election Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)

....ent Textile Mills. No machineries were ever installed in the premises of the company. After the death of Abdus Sattar, his heirs became the share holders of the company. Pursuant to a decision of the Government to transfer the nationalised industries owned by the Bangladeshi nationals they had the c......spondents Nos. 2-6 (In Civil Appeal No. 34 of 1998). Not represented — Respondents Nos. 2-11(In Civil Appeal No. 35 of 1998). Civil Appeal Nos. 34 and 35 of 1998. (From the judgment and order dated November 5, 1977 passed by the High Court Division in Civil Revision Nos. 1050 and 1051 ..

Category: Property Law | Date: | Hits: 77

SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)

....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......nts Judgment February 3, 1999. The Negotiable Instruments (Amendment) Act, 1994 (XIX of 1994), Sections 138 & 141 The Code of Criminal Procedure, 1898 (V of 1898), Section 561A In order to make a person liable under section 138 of the Act the payee has to comply with the requirem..

Category: Business or Commercial Law | Date: | Hits: 145

Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)

....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......r section 471 of the Penal Code…..(7) (ii) The accused-petitioner’s conduct is certainly a criminal misconduct because receipt of money from Nurun Nahar and consequent making of a fresh recall order “without approval of the concerned magistrate” as a public servant have been proved and so..

Category: Anti-Corruption Laws | Date: | Hits: 73

Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)

....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......uq, Advocate-on-Record — For the Respondent No. 1. Not Represented —Respondent No. 2. Civil Petition for Leave to Appeal No. 656 of 1997. (From the Judgment and order dated 01-06-97 passed by the High Court Division in Writ Petition No. 1778 of 1991) Jud..

Category: Labour and Industrial Law | Date: | Hits: 94

Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)

....bsp;  Nasiruddin (Md)…….………………………………Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……….Respondents Judgment ......2 The Ferries Act, 1885 (I of 1885), Section 5 Findings of the High Court Division that “Noukaghat” includes “Ferrighat” under Ferries Act 1885 is correct. In order to maintain a petition as public interest litigation the petitioner must satisfy the court th..

Category: Constitutional Law | Date: | Hits: 126

Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)

.... case. 4. The Election Tribunal, by a judgment and order dated 19 May, 1997, allowed the election petition in part with a direction for fresh poll in one of the 93 centres namely, Garghata Government Primary School Centre. 5. The petitioner preferred First Miscellaneous Appeal N......ate-on-Record—For the Respondent No.1. Not represented — Respondent Nos. 2 to 19. Civil Petition for Leave to Appeal No. 15 of 1998 (From the judgment and order dated 26 October 1997 passed by the High Court Division in First Miscellaneous Appeal No. 14..

Category: Election Law | Date: | Hits: 117