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Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ......by way of interpreting the document in question. 11. The High Court Division without considering the aforesaid aspect of the case, committed error of law resulting in error in decision causing failure of justice having, misdirected itself and decided case under misconception ..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......ed order and the Rule issued by the High Court Division had become infructuous in view of the order of the said appeal committee on 7‑9‑1998. The petitioner's further case is that, as per decision of the Government for extension of Gulshan Model Town the entire land of Plot No. 360 measu..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
.... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ......ation Act or section 48 of the Code of Civil Procedure would be applicable in a case where application was made for the execution of the decree for the first time. The High Court Division referred to decision reported in AIR 1964 (Assam) 64, AIR 1940 (Allahabad) 151 (FB). In the Allahabad case it wa..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......filing aforementioned miscellaneous case on 18‑6‑90 i.e. well within time to deposit the rent with the House Rent Controller as per above provisions. As such the High Court Division held that the decision of the courts below could not be sustainable in law and therefore, made the Rule absolute. ..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ......000 which were discharged by the High Court Division on the ground that the civil suit will not be in any way a hindrance to proceed in criminal cases since there is no possibility of any conflicting decision in the civil suit and the criminal cases. 4. The lea..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
....missible delegation. 13. Article 65(1) of our Constitution provided that nothing shall prevent the Parliament from delegating to make order, rules, regulations, bylaws or other enactment having legislative effect and in the instant case section 3(4) of the Excise and Salt Act, 1944 has authori...... and maximum production with reference to preceding year's actual production which is relatable to the position in the market and that the delegated legislation is excessive one and has referred to a decision in the case of Zaibtun Textile Mills Ltd Vs. Central Board of Revenue reported in PLD 1971 ..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......or determination in the appeal is whether the learned Additional Sessions Judge was justified in convicting and sentencing the accused appellant under section 302 of the Penal Code. Findings and decision 9. The learned Assistant Attorney General appearing for the State has placed before us..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ...... evidence, the condemned prisoner was examined under section 342 of the Code of Criminal Procedure when he stated that due to his brain defect he could not say what he did and left the matter for the decision of the Court. In reply to a question put by the Court as to whether he wanted to lead any e..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
.... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ......case of Sangsad vs. Land Control, AIR 1966 Allahabad 221 wherein it has been held by a Full Bench of the Allahabad High Court presided over by SK Verma, J that: “In our view, this decision of the Supreme Court furnished a complete answer to the question referred to us. It makes i..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
....ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......ver, the submission of the learned Advocate-on‑Record has already been answered and the same could not be ground for review, for a review is by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but lies on patent error but no such patent error could be pointed ..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).
....posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......ndents Judgment January 22, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Review is by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but lies on patent error……………&he..Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......ustice is but fairness, Justice is what Justice does and this justice has achieved something like the status of a Fundamental Right. Justice demands that there must not only be a fair hearing but the decision itself must be fair and reasonable. The presence of the High Police Officer and Police repr..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......de order No. 49 dated 6-1-91 ordered for analogous execution of execution case Nos. 2 and 3 of 1989 with execution case No. 8 of 1983. It is submitted thereupon that the revision application involves decision on disputed questions of fact, resolution of which is not possible and the Rule is therefor..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......ing that he may have attained the age of sixteen years during that period”. From the impugned judgment and order of conviction passed by the learned Tribunal it is found that the Tribunal came to a decision that the age of petitioner No. 2 Alamgir Hossain was 14-15 years at the time of occurrence...Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ......entioned in Clause (2) or as to whether a member of Parliament should vacate his seat pursuant to Article 70, the dispute shall be referred to the Election Commission to hear and determine it and the decision of the Commission on such reference shall be final. (5) Parliament may by law make suc..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ......f possession, when the parties have led evidence relating to the said matter in issue in the suit. In a suit contention of the respective parties in respect of a matter having bearing in the ultimate decision in respect of a matter in issue in the suit, when there is evidence either documentary or o..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......er failed to discharge, rather it is found the available materials that during pendency of contempt petition on 29-6-2000 the appellant passed an order directing release of the property and on date a decision was taken to evict contemner No3 and the occupier was directed to vacate the premises by 5-..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ......he said application forms for registration to Madrasha Board. 44. The principle of audi alteram partem i.e. no one can be condemned unheard, is an established principle of law and in a series of decisions it has been so held. In the case of Abdur Saboor Khan Vs. Karachi University & Control..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......ranted is quite another thing. It is easier to resist a bail Application in a non-bailable case than to cancel a bail granted in such a case. Cancellation of bail necessarily involves the review of a decision already made, and can by and large be permitted only if, by reason of supervening circumsta..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46