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Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....ter of the school on 11‑2‑1992 asking, her to be careful in future otherwise action would be taken against her. The plaintiff respondent was surprised to receive the aforesaid letter. In the mean time, by an order dated 27‑2‑1992, the plaintiff respondent was suspended with effect from 29‑......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....ng of the stomach. Inquest on dead body was held in presence of PW 6 Shirajul Sheikh (father), PW 7 Khokhu Begum (mother) and other persons but the accused who went to hospital was not present at the time of performing inquest. 8. Bishesh Adalat found accused Md. Awal Fakir guilty of offence o......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)

....pected the respondent No. 2 and he was taken to police station for interrogation. The respondent No. 2 confessed to the investigating officer that he took away the entire quantity of medicine from time to time with the aid of others. The police forwarded him to the Court and the learned Magistra......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

....ion for loan was not processed by the House Building Finance Corporation, that as per terms of clause 3 of the lease deed they were required to make construction within 3 years or within the extended time as may be allowed by the lessor and as no construction was made within 3 years, a show cause n...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

....e by leading evidence from the side of the person questioning correctness of the entry made therein. It is in the evidence of PW 1 that Durga Charan Mondal's sons having had fallen in distress some time in 1950 came to the house of' Rai Chandra Mondal and Durga Charan Mondal's sons had no title ......; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ..

Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038

Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)

....m were seized. He is chachato brother of the informant. PW 3 is Monowara Begum who is wife of the informant and mother of the victim. She stated that after Magrib prayer Parul came back home, at that time she was crying but when query was made Parul did not say anything. This witness was declared ho......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..

Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107

Jashimuddin Vs. State, 2004, 33 CLC (AD)

....that one Sukur Ali, Sub‑Inspector of Police being the informant lodged a first information report with Belkuchi Police Station on 28‑3‑2000 alleging that he along with others at the time of the petrol duty at night in Mukalgati Bazar found that two persons were going at Mashpati. T......cted and sentenced.  6. We do not find any infirmity with the impugned judgment for our interference.  The petition is accordingly, dismissed.  Ed.   ..

Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79

Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)

.... Leave was granted to consider the following submissions:- "Mr. Khandker Mahbubuddin ahmed, the learned Counsel for the petitioner submits that in view of the well-settled principle of law that time is not of the essence of a contract for sale of immovable property and the stipulation requirin......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..

Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256

Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)

....andh or Kathi was named as "Mazerar Baper Khathi." The northern side of the said Kathi was under the possession of Taimum Golal and the Southern portion had been possessed by Nazar Ali, who died some time in the year 1959 and since then his portion is being possessed by the respondents and proforma ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 27 Aug, 2003 | Hits: 414

General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

....sue no.III in the negative and held that plaintiff had been aware of preparation of S.A. Record of Right in respect of suit property and being aware of wrong record did not present suit within proper time and suit stood barred by limitation. 18. Learned Subordinate Judge, also, decided Issue no.I......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)

....ion 5 (2) of the Act XI of 1947. The trial was stopped under section 339 (c) (4) of the Code of Criminal Procedure and the petitioner was released as the trial could not be concluded within specified time. So, he is not entitled to all arrear benefits. Lawyers involved: Fazlul Karim, Sen......d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ..

Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128

DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)

....e of Civil Procedure provides inherent power of the court whereas section 153 of the Code of Civil Procedure empowers the court to amend any defect or any error in any proceeding of the suit at any time.  Lawyers Involved:    Dr. Md. Zahir, Senior Advocate, (Md. Ozai......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..

Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291

Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)

....was rejected on the ground said land was marked as car park but in allotting the said land said ground was ignored, (b) that the defendant No. 6 filed the application for the lease of the land at a time when it was not registered as a company, (c) that in the certified copy of the Memorandum of t......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ..

Category: Property Law | Date: 18 Aug, 2003 | Hits: 216

Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others

....as been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than thirty days after the making thereof, unless in the meantime it has been approved by the Government. From a combined reading of the above two sub‑sections......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327.     ..

Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11

Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)

....he Customs Authority issued a letter to the with-petitioner demanding Tk. 4,91,01,374/- as unpaid revenue and asked him to show cause within 15 days from, the date of receipt of the order. In the meantime the Customs Authority temporarily suspended the bond licence of the writ-petitioners and as aga......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition.  There is no order as to costs.   Ed. ..

Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128

Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)

....did not adduce any evidence. 6. The defence case as could be gathered from the trend of cross-examination, is total denial and their, inter alia, case is that no occurrence took place on the date, time, place and in the manner as alleged, but they have been falsely implicated in this case out of ...... 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: 56 DLR (2004) 637. ..

Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162

Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)

....tered on 25‑9‑1956 by the Dhaka Improvement Trust (DIT). Dr. Mahmood Hasan constructed a building on the said holding which is known as "Hasan House", now on plot Nos. 537 and 538. During the lifetime of Dr. Mahmood Hasan the building was let out to the American Embassy and the lease deed expire......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

....restraining the respondents not to take possession of the peti­tioner's land and not to demolish semi-pucca structures thereon. It, however, appears from the order dated 14.8.2001 that at the time of moving the aforesaid writ petition the peti­tioner did not challenge the acquisition and......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)

....hereby Alamgir was injured by the splinter of bomb; that the accused persons separated the left hand of the victim; that the persons, who tried to rescue the victim, were, also severely injured. Some time after the incident police came at the place of occurrence and took the victim Sabuj and Alamgir......terference is called for by this Division in respect to the judgment and order of the High Court Division.      Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: 24 May, 2003 | Hits: 84

Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)

....the plaintiffs would be entitled to obtain the kabala through Court. The defendant. No. 1 as he did not complete the formalities for the execution and registration of the kabala within the stipulated time and as he refused to execute and register the kabala on January 15,1984, hence the suit. 4.......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..

Category: Civil Law | Date: 18 May, 2003 | Hits: 202