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Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ...... in a judicial proceeding, no criminal proceeding could be initiated on a complaint lodged by the officer concerned under section 195 of the Code of Criminal Procedure. Thus, the basic requirement of law having been violated the appeal by the State before the High Court Division should not have been..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ...... has come up with this petition for leave to appeal. 7. Mr. Md. Ozair Farooq, the learned Advocate appearing on behalf of the defendant‑ petitioner, submits that the High Court Division erred in law in decreeing the suit for Specific Performance of Contract in spite of its positive findings tha..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... Suit making direction to the pawnee (plaintiff) to sell the pawned goods and thereupon to adjust the sale proceeds of the pawned goods against the claim of the pawnee and then to frame the suit upon amending the plaint in respect of the amount, if any, due from the pawnor. The Artha Rin Adalat, her......r of rejection by filing Writ Petition No. 785 of 2000. A Division Bench of the High Court Division disposed of the writ petition upon making direction to the Adalat "to dispose of the issues of law first and postponed settlement of facts until the issues of law have been determined". Ther..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ......f the resolution taken by the commissioners was not legal and that the meeting so convened for taking final decision on the alleged resolution of the commissioners for removal of the petitioner was unlawful. 3. The High Court Division while issuing the Rule stayed th..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......3232/1 relied upon by the trial Court came to an erroneous finding that the pre‑emptors were the co-sharers of the land sought to be pre‑empted, that the High Court Division erred in law in not considering that the Court of appeal below was wholly wrong in holding that Khatian No. 3..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......nd the respondent guilty of the offence of misconduct the reduction of penalty from major punishment to minor punishment was unwarranted, illegal and without jurisdiction and that AT and AAT erred in law in reducing sentence as because Tribunals have no authority to reduce the sentence awarded by th..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ...... further contended that the seized 2 arms were found with the other 2 accused‑persons and the appellants were convicted assuming their constructive possession thereof which is bad in the eye of law. 7. Mr. Malek lastly, contended that the prosecution to prove the allegation that t..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....able order in the aforementioned three Criminal Miscellaneous Cases as no charges were framed against the accused persons in those cases. So, he prays that this court may pass an order deleting or amending the direction given by the High Court Division in its judgement insofar it relates to the ......p; KM Hasan J.- These appeals are taken up together and disposed of by this judgment as the facts and law points involved are similar, except that no charge was framed against the accused respondents i..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......sp; “To act upon a Rule of practice may, therefore, well constitute an arbitrary exercise of a discretionary power, for the exercise of a discretion vested by law in a Court must be upon sound judicial principles after taking into account the facts and circ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......longings by the gift to a member of the same joint family. He married to live a family life with the plaintiff’s mother. Therefore, we hold that the deed of gift was not made in accordance with law. The date of his death does not destroy the character of the joint family when the plaintiff wit..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
.... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ......cy. The learned Judges of the High Court Division have also failed to consider that the petitioner has good prima facie case with balance of convenience and inconvenience in his favour, as equity and law have always accustomed to compel the performance of contract and trust. The learned Counsel furt..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
.... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... trial court decreed the suit on the findings that although the Ekrarnama is a genuine document yet, as the Ekrarnama is not a registered one as such on the basis of the same defendant No.1 under the law cannot go for enforcement of the right of redemption and as such the order passed by the Land Ad..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......ontractor which has not been denied while passing the award. 5. Leave has been granted to consider as to whether the learned Judges of the High Court Division on misconception of law held that the award was vague in the matter of interest inasmuch as the learned Judges of the Hi..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ......sh suit on the same pleadings for the same reliefs on giving a different cause of action having no basis of substance to substantiate the same but only for the purpose of overriding or surpassing the law and the learned trial Court committed an error in rejecting the application for rejection of the..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... of shareholders of the company. 4. The respondents now claim that neither respondent No. 1 nor respondent No. 2 transferred their shares to appellant No. 3 and appellant No. 5 and they are still lawfully holding the said, 200 paid up shares in the company, but Tofayel Ahmed fraudulently omitted..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......aside its order when it is obtained by practicing fraud and the Administrative Appellate Tribunal was in error in taking a contrary view; and (iii) that the petition involves an important question of law of public importance, namely, whether after finally disposing of a matter a Court or tribunal ca..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......having a special power authorising him by Anwarul Islam to do everything necessary for him to do in respect of his cheques..............that Gulzar Rahman, being a duly constituted Attorney under the law of Power of Attorney Act, is competent to file the complaint‑petition in Court and to do a..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......ple in contrast to a few, PIL considers the interest of others and therefore, in a public interest litigation the court will lean to protect the interest of the general public and the rule of law vis-à-vis the private interest. Where the rule of law comes in conflict with third party..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......eed in respect of the suit house, if read together, imply that prior written permission of DIT is necessary in execution of a bainapatra for sale and the High Court Division fell into an error of law in overlooking the said provision and holding that the stage for obtaining permission has not ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110