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Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ......o Appeal No. 719 of 1997. Judgment Bimalendu Bikash Roy Choudhury J.- In this case, the dispute between the parties relates to Plot No.16 of the layout plan of the Cantonment Bo..Category: Property Law | Date: | Hits: 74
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ...... another co-accused Abdul Kader were convicted under sections 148/302/149 of the Penal Code by the 3rd Court of Additional Sessions Judge, Dhaka by his judgment and order dated 31-7-93 in Sessions case No. 314 of 1992 and were sentenced to suffer rigorous imprisonment for life and to pay a fine ..Category: Criminal Law | Date: | Hits: 104
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......neous Case No. 464 of 1994 under section 99B of the Code of Criminal Procedure and in respect of forfeiture of the other two books the author thereof filed Criminal Revision No. 668 of 1994. Both the cases were heard by a Special Bench of the High Court Division composed of three Judges, as required..Category: Others | Date: | Hits: 122
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ..Category: Employment/Service Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......ence that the notice under section 106 of the Transfer of Property Act had been duly serve, the High Court Division erred in law in holding contrary to the decision of this Division in the unreported case of Haque Brothers Ltd. vs. Gulfam Begum in CP No. 314 of 1993 (ii)Two months rent having admitt..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......ners. While the former filed an affidavit-in-opposition, the latter filed none. 6. The High Court Division held that the principles of natural justice had been violated in the instant case for not giving an opportunity of hearing to the writ petitioners. Again, the Controller of Imp..Category: Business or Commercial Law | Date: | Hits: 117
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......s till December, 1990, when he ceased to make payment of rents as the respondents failed to accede to demand of partition of his share in the building. 3. The trial Court believed the case of the respondents that the petitioner was a tenant under them and that he failed to make pay..Category: Property Law | Date: | Hits: 69
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ...... because of the appeal alien situation in which the two foreigner-appellants now find themselves in it will be proper for us to exercise our discretion a little more, as we find that this is a fit case, as it stands now, to administer justice tempered with mercy. Hence sentence of two foreigner-..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......aside the Order of the High Court Division. 4. It has been held that in the impugned decision that the High Court Division erroneously invoked section 12 of the Ordinance ignoring the facts of the case and wrongly directed the Deputy Commissioner, Dhaka to record an order to the effect that the a..Category: Property Law | Date: | Hits: 89
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......etitioner on appearance filed written objection against the petition for temporary injunction but on his failure to file written statements in the original suit, the suit was decreed ex-parte. In a case under Order 9 rule 13 challenging the ex parte decree on the ground of non-service of summons ..Category: Property Law | Date: | Hits: 74
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......of the amount claimed by the appellant in the plaint. This was, in fact, an erroneous assumption of fact regarding the quantum of damages from a wrong perspective without properly appreciating the case of the appellant which resulted in a serious error in the decision resulting in the modificati..Category: Business or Commercial Law | Date: | Hits: 148
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ...... The contention seems to be a misconceived one. Construing the plaint as a whole we are unable to hold that Article 102 of the Limitation Act has any manner of application in the facts of the case. The question of limitation being a mixed question of law and fact should be decided at the tr..Category: Property Law | Date: | Hits: 52
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......il Petition No. 579 of 1994] Judgment July 9, 1995. The State Acquisition and Tenancy Act, 1950, (XXVIII of 1951), Section 96 Pre-emptor was not a tenant of the case holding recorded in S.A. Khatian No. 185, whereas the respondents were co-sharers by purchase ..Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......scharged by the impugned judgment and order. 3. Leave was granted to consider whether a legal and proper sentence has been imposed upon the appellant in view of the facts and circumstances of the case. 4. Kazi Shahadat Hossain, learned Advocate for the appellant, submits that the disputed ka..Category: Anti-Corruption Laws | Date: | Hits: 71
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ......ion 100 (Repealed) In a second appeal findings of fact cannot be reversed unless those are vitiated by misreading of evidence or non-consideration of material evidence. In the present case important material evidence had been ignored. The learned Single Judge has correctly noticed t..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ......ry Provisions) Ordinance, 1985 (LIV of 1985), Section 2(b) The court of settlement is not a court for determining the title of the rival claimants, it is for determination whether the case property was an abandoned property or not. As the property being found not abandoned property,..Category: Property Law | Date: | Hits: 58
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ...... findings upon the materials produced before the Courts at the time of hearing of such matters and upon satisfaction of the Court that the plaintiff has been able to establish prima facie arguable case in its favour. Such findings are not binding on the trial court which will decide the matter o..Category: Intellectual Property Law | Date: | Hits: 242
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......fer of Property Act, 1882 (IV of 1882), Section 106 The tenant defendant’s denial of the landlord plaintiff’s title without any valid reason may operate as forfeiture of tenancy and in such a case notice under section 106 of the Transfer of Property Act may be dispensed with. ……………..Category: Tenancy Law | Date: | Hits: 78
Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)
...., without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ..Category: Election Law | Date: | Hits: 110
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......he petitioner appearing on the Ext. 3 series and to other finding of facts, this Division will not interfere as the learned Judge of the High Court Division has considered all material aspects of the case justly and upheld the judgment of the trial court………………….(4) Lawyers Involved..Category: Criminal Law | Date: | Hits: 95