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Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ......326 and 307 of the Penal Code. At the end of the order, however, the learned Magistrate in consideration of the submission of the parties, directed that there should be further investigation in the case by an officer superior to the Investigating officer in the interest of justice. ..Category: Criminal Law | Date: | Hits: 74
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......e District Judge, Gaibandha in Other Appeal No.31 of 1987 arising from the judgment and decree of the Subordinate Judge, Gaibandha in Other Suit No. 145 of 1985. 2. The plaint case is that, the suit land belonged to Bishwanath who died leaving behind his wife Patani Sundari ..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ......991 filed by the appellant under section 160 of the Income Tax Ordinance, (XXXVI of 1984) deciding the questions of law referred to it against the appellant. 2. Material facts of the case are that, the appellant is a private limited company registered under the Companies Act, 1913 ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Shahidullah (Md) Vs. Md. Yunus and others , 1998, 27 CLC (AD)
....his submission in the appeal for no fault of his own. The petition is disposed of with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 164. ...... 16, 1997. The Constitution of Bangladesh, 1972, Article 103 The appeal was heard ahead of the date appearing on the notice for hearing, at detriment of the petitioner. It is a fit case in which the petitioner should move the High Court Division for a rehearing of the appeal and ..Category: Procedural Law | Date: | Hits: 94
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 88
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......gment and order of the trial Court. By judgment and order dated 12-5-91 the learned Additional Sessions Judge, Sylhet allowed the appeal, set aside the order of conviction and sentence and sent the case back on remand to the trial Court for the specific purpose of comparing the signature of Taher..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......gh Court Division clearly acted without jurisdiction in passing the order as to salary, increment, promotion, etc. It was a gratuitous order not covered by any law nor justified in the facts of the case…………….(24) (iii) An order to be effective must at lea..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......ut the transfer of the suit land to the plaintiffs. 4. It was also asserted that an enquiry was conducted by the Co-ordination and Control Cell of the CMLA on the above issue and the case was referred to the Ministry of Land Administration and Land Reforms Division of Government of..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......ts Judge, Nazirpur (then Upazila), District Pirojpur raises the short question whether the amendment of the plaint was rightly allowed by the trial Court in the facts and circumstances of the present case and whether the High Court Division was justified in uphold order of amendment in revision. ..Category: Procedural Law | Date: | Hits: 149
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......1908 (V of 1908), Section 24(1)(b)(i) The petitioner has not given any hard evidence of the trial Court’s fear or favour of and for the District Judge concerned, who is a party to the case. The High Court Division rightly did not encourage a transfer on a mere apprehension…&h..Category: Property Law | Date: | Hits: 71
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ......ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ..Category: Property Law | Date: | Hits: 91
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
.... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ...... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ..Category: Family Law | Date: | Hits: 156
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......A close reading of the provisions points to inevitable conclusions, firstly, that every interest which is liable to be acquired under the Act has to be paid for; and, secondly, that except in the case of acquisition under Chapter 11 of the Act the interests which are acquirable vest in the Pro..Category: Property Law | Date: | Hits: 90
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
....cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ......vil Procedure, being Civil Revision No. 1216 of 1997 against the said order. A learned Single Judge of the said Court discharged the Rule, by his order dated May 1997, on the view that the revision case was incompetent, as the plaintiffs not availed themselves of the remedy provided in Order 43,..Category: Procedural Law | Date: | Hits: 109
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ......Republic of Bangladesh and others……………Respondents Judgment August 26, 1997. The Constitution of Bangladesh, 1972, Article 102 The writ petitioner has been able to make out a case that its own private interest is so overwhelming that public interest should be subordinated th..Category: Others | Date: | Hits: 113
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......any way create problem in the running of the business of the company, particularly the publication of the newspaper, the daily Ittefaq, and that the learned Subordinate Judge failed to appreciate the case from a correct and legal perspective.
9. Mr. Moudud Ahmed, learned Counsel for the petitio..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......ugust 19, 1997. The Constitution of Bangladesh, 1972, Article 102 (4) (i) Broadly speaking, to obtain an interim order, a writ petitioner must not only make out a prima facie case, but a strong prima facie case. The balance of inconvenience in his favour should be so stron..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......viction for an offence of forgery which was found to have been committed both by the trial Court and the High Court Division upon a misconception of fact and law. Mr. Malek submits that the defence case was that the disputed heba-bil-ewaz deeds were genuine and they were executed by Sabirul Akan..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......e voluntary causing of death if the offence which occasions the exercise of the right is an assault which may reasonably cause the apprehension of either death or grievous hurt. The evidence in the case must be such that the informant party was carrying on or was about to carry on an assault of s..Category: Criminal Law | Date: | Hits: 96
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......unts towards the premium to the petitioner. The accused-petitioner also made an admission on stamp paper by writing in his own hand wherein he admitted his guilt. The same was marked as Ext. 7 in the case. PWs 2, 3 and 4 having deposed that they as policy holders deposited the amount to the accused ..Category: Anti-Corruption Laws | Date: | Hits: 81
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