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Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......ecause the circumstances do not support the prosecution case which do rather support the defence case. 6. In support of the submissions Mr. Kazi Shahadat Hossain cited the decisions in the cases of Shah Khan vs. State reported in 18 DLR (WP) 91, Abdur Rashid vs. State 2..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......intainable. After hearing the learned Advocate for the opposite party and the petitioner in that case, the learned District Delegate, by his order dated June 12, 1078 held, on the authority of the decision in the case of Dina Nath vs. Balkrishna, AIR 1963 All 46, that the liability to refund the..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......ress of the defendant and found her absent this should amount to service of a notice under section 106 of the Transfer of Property Act. The finding of the trial Court though inconsistent but ultimate decision does not suffer from any illegality or infirmity. 9. Having considered all the aspects..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ...... sum, its inquiry report lacks finality and authoritativeness of a court as the Revenue officers do not possess the power to decide the title to and the property rights in the immovable property. The decision of the Upazila Nirbahi Officer as to mutation can at least be considered as an executive or..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ...... High Court Division has decreed the suit for Specific Performance of Contract. 9. With regard to the proposition that time was the essence of the contract, the High Court Division has relied on a decision of Ram Chandra Das and others Vs. Md Khalilur Rahman and another reported in 1985 BLD (AD) ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......vision of section 176 of the Contract Act in the case reported in 51 DLR has not been correctly considered and interpreted and, as such, proposition of law laid down therein is no correct. Rather the decision of the High Court Division is against the provision of law as in section 176 of the Contrac..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ......een taken by them along with others and that meeting of the Pourashava called for disposal of the resolution taken by the commissioners was not legal and that the meeting so convened for taking final decision on the alleged resolution of the commissioners for removal of the petitioner was unlawful. ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......me of the pre‑emptors, was in respect of the land got pursuant to the final decree in the partition suit though there was no such evidence. Leave was also obtained for consideration whether the decisions reported in 33 DLR (AD) 323; 1987 BLD (AD) 122 and 33 DLR (AD) 309 have been properly inte..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......on which is complained against before it. The dictionary meaning of the word 'determine' is 'settle', ‘decide.' These expressions bear amplitude which, in my opinion, is sufficient to cover any decision as to any aspect of the action which is impugned before a Tribunal. In other words, a Tribu..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
.... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......mined by a Hand Writing Expert and that trial Court arrived at the finding as to the genÂuineness of the Ekrarnama without paying any heed to the caution given by the superior court regarding giving decision on the genuineness of a document by making comparison of signaÂture upon resorting to the ..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......eyond the date of the decree as the power to grant interest after passing of the decree vests exclusively in the Court under section 29 of the Act." 12. This Court as well in a recent decision in the case of Bux Shipping Line vs. B WDB reported in 7 BLC (AD) 27 held that: ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ......of corruption, violation of office discipline and order of the higher authority and in this way the writ petitioner gained illegal monetary benefit by misusing the name of the Board and as per a decision of the Board's Committee meeting held on 29‑3‑1995 a high‑power three mem..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ......ations, parties, reliefs and the suit land in both the suits being same, the present suit is not maintainable. In support of his submission the learned Advocate for the petitioner has refereed to the decision in the case of Kumar Begum Roy Vs. Panna Debi and others reported in 1982 BLD (AD) 54, wher..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......hould play a remedial role to do complete justice under Articles 104 and 105 of the Constitution read together. Therefore, he urges that this court should reconsider the matter and review its earlier decision. 19. He then urges that as his client, Mahmud, was not involved in any irregul..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ...... consequence or relating to the said contract shall be referred to the Tribunal of Arbitration of Metropolitan Chamber of Commerce and Industry, Dhaka, for determination, settlement and award and the decision and award of the Arbitrators shall be final and binding upon the parties. But the plaintiff..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....alization thereof. The review petiÂtion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......he petitioner in support of his contention that Arbitrator was quite competent to award interÂest on the awarded amount relies on the concluÂsion 'c' of this Division in the aforesaid reportÂed decision. The learned Counsel for the petiÂtioner further submits that learned Subordinate Judge w..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......vision discharged the Rule as the petition is not maintainable and that the remedies lie under the provision of the Code of Civil Procedure available to the execution proceedings. 7. The decision in the case of Sultana Mills Ltd vs. Agrani Bank reported in 46 DLR 174 though was on the q..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......ion of prosecution witnesses, impugned judgment and other material papers/documents as available in paper book and submits that this is a case of no evidence, but the learned trial Court arrived at a decision on conjectures and surmises. He further submits that the victim was never raped by the accu..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......ons 4(b) and 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. In the instant case before us Mr. Mujibur Rahman, the learned Advocate for it he accused appellant, has relied on the decision of the case of Shamsul Alam Vs. State reported in 6 MLR 297 where a Division Bench of this ..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219