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Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....nder Order 41, rule 23 of the Code of Civil Procedure, the trial Court’s decision not being one on preliminary point but on merit. The order is one under section 151 of the said Code. But the conduct of defendant No. 1 was such, as has been pointed out by the learned Judges of the High Cou..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....o fall back upon the surrounding circumstances of the transaction, the position of the parties and the relationship to each other. The motive which could govern their actions, but their subsequent conduct including their dealings and the enjoyment of the property become relevant factors for cons..Category: Procedural Law | Date: | Hits: 140
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
.... they aroused wide attention for being allegedly anti-environment and anti-people project. The appellant stated in the writ petition that as an environmentally concerned and active organisation, BELA conducted investigations at various times in 1992-93 in the FAP-20 areas. The appellant alleged that..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
.... holding, inter alia, that the petitioner’s application dated 28-4-85, filed in the aforementioned Miscellaneous Case, was not an application for substitution but one of seeking permission to conduct the Miscellaneous Case by tiling a fresh power. 3. Leave was granted to cons..Category: Property Law | Date: | Hits: 88
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....) of the Government Servants (Discipline and Appeal) Rules, 1984, briefly, 1984 Rules, charging him with the offence under Rule 3 (Ga) and 3 (Kha) thereof for unauthorised absence from duty and misconduct. He, however, denied the charges. The enquiry proceeding, due to pendency of the Appeal in ..Category: Administrative Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....uted deeds as not those of the executant Sabirul Hossain Chowdhury.” Then Mr. Malek refers to the ultimate finding which is as follows: “Such conduct of accused Shawkat Hossain added with taking away of old and ailing Sabirul Hossain Chowdh..Category: Criminal Law | Date: | Hits: 92
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ively connect the appellant Airport Manager with the abetment of offence of smuggling of gold into Bangladesh by the two accused foreigners. He submitted that the circumstances indicate an innocent conduct on the part of the appellant. We considered his submission and noticed that the High Court ..Category: Criminal Law | Date: | Hits: 130
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... Judgment May 4, 1997. Result: The appeal is allowed. The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The penalty for corruption and misconduct calls for compulsory retirement or removal, dismissal from service under rule 4(5) and none ..Category: Administrative Law | Date: | Hits: 145
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
.....145 of 1995 praying for custody of the children. It was submitted that since the mother was not leading a good moral life she should not be allowed the custody of the minor children and her previous conduct clearly proved that she cannot look after the welfare of the minors and that having been div..Category: Family Law | Date: | Hits: 250
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....ry by Notification dated 8-2-92 were ultra vires Article 140(2) of the Constitution. The entire Article 140 runs thus “140. (1) The functions of a public service commission shall be— (a) to conduct tests and examinations for the selection of suitable persons for appointment to the service ..Category: Constitutional Law | Date: | Hits: 185
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... the execution of the decree and that the requirements of rule 5 Order 38 CPC were not satisfied. Mr. Huq submitted that the plaintiff made out a very clear case of attachment before judgment and the conduct of defendant No. 1 and the circumstances on record clearly showed that if the attachment ord..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ember 20, 1997. Result: The appeal is dismissed. The Bangladesh Bar Council Cannons of Professional Conduct and Etiquette. Chapter II, Clause 4 Respondent No. 1 committed professional misconduct by filing vokalatnama on behalf of the plaintiff as well as on behalf of his son defendant i..Category: Others | Date: | Hits: 105
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....ng the submission made by Syed Ishtiaq Ahmed, Mr. Nurul Huq submits that in view of admitted pleadings of the parties in the earlier suit the allegation of fraud cannot stand. There was no fraudulent conduct of the respondents in the earlier suit. They placed all their cards before that court and it..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....e supervisory jurisdiction of the High Court Division in exercise of Article 109 of the Constitution, the High Court Division was competent in the facts of the case to entertain the revision when the conduct of the plaintiff was not fair. 6. From the facts as has been narrated it is palpably cle..Category: Business or Commercial Law | Date: | Hits: 148
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....nesses of implicating Sekandar by giving order to his son to kill Munir, there is no other evidence on record. It is also in evidence that Sekandar was present all through in the police station. Such conduct of a person who gave order to kill also seems unlikely; PW 8 Gazi Mozaffar Hossain testified..Category: Criminal Law | Date: | Hits: 108
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....aws of England, Third Edition, Volume 14, page 637 the word 'waiver' has been explained as under :- "Waiver is the abandonment of a right, and is either express or implied from conduct. A person who is entitled to the benefit of a stipulation in a contract or of a statutory pr..Category: Administrative Law | Date: | Hits: 130
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....tified by Ananga attaining majority as he did never claim the property back from the plaintiffs. 14. The Court of appeal below also concurred with the finding as to possession holding that the conduct of the defendants in having Ext. C from Ananga and the evidence of PW. 1 read with those o..Category: Procedural Law | Date: | Hits: 112
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....ny instrument specially designed for slaying men. They are, therefore, lethal weapons for the purpose of this section." 13. It is to be mentioned here that in this case the conduct of the investigating agency is not fair. It appears that as many as four Investigating ..Category: Criminal Law | Date: | Hits: 95
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
.... between the parties and in case of breach of warranty the plaintiff was entitled to ask for damages and that in view of the letter of the plaintiff exhibit-Kha and exhibit-10, it is evident from the conduct of the parties that they understood the contractual obligation and as such th..Category: Business or Commercial Law | Date: | Hits: 108
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
.... plaintiff took stand that the management of the industry was always with the plaintiff through his son Nazir Mohiuddin who was present, although in Bangladesh and actively participated in the conduct, management and control as the Managing Director of the industry concerned when the land a..Category: Property Law | Date: | Hits: 97