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Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....uit, having regard to the fact that he is obliged to pursue the two suits basically for the same remedy. 16. We do not think therefore that the High Court Division made a correct approach to this simple problem and we further notice with dismay that it made a mountain out of a molehill in writin......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....als for misconduct under section 5(2) of Act II of 1947 in Special Case No. 7 of 1991, Special Case No. 11 of 1992 and Special Case No. 19 of 1993 and sentenced to suffer 3 years, 7 years and 3 years simple imprisonment respectively thereunder. At the time scrutiny the petitioner filed objection bef......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..Category: Election Law | Date: | Hits: 133
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....ent never took any responsibility for the writ petitioners’ absorption, he submits. 15. While we cannot accept the second submission of the learned Additional Attorney- General for the simple reason that section 2(e) of the Ordinance does not admit of that interpretation, we find co......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....heirs of deceased No.3. Being aggrieved by the said order defendant No. 1 moved the High Court Division in revision in which the impugned judgment and order were passed. 7. It appears that a simple argument was made on behalf of defendant-respondent No.1 in the High Court Division that the......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..Category: Property Law | Date: | Hits: 70
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....rincess (1965 (1)Lloyd’s Rep. 961) the true value was £ 65,000.00 as compared with her insured value of £ 3,50,000.00. The disparity between these two figures is so large, that a simple deduction of the damaged value from the insured value, which was one of the alternatives pro...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....tc, are not part of the rent of the premises. These payments are generally made to the authorities who provide for the said utilities. A landlord is not entitled to the said charges or rates for the simple reason that he does not supply the same to the tenant. 15. Mr. Moksudur Rahman, however, s......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..Category: Tenancy Law | Date: | Hits: 82
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....aming or amending the absorption Rules. The letter dated 8-8-1985 from the Ministry of Establishment and the letter dated 20-10-1985 (Annexure “F”) do not relate to any decision but are simple recommendations in connection with the amendment of the absorption Rules of 1981. Besides, i......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......plaintiff there was a salish of village Matbars who sealed the dispute on condition that the plaintiff would give 90 decimals of land and Taka 5,000,00 in cash to defendant No.1 for causing bodily injuries to her person. In pursuance of the agreement, the plaintiff executed the two kabalas in fa..Category: Property Law | Date: | Hits: 72
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ...... 1 Sk. Elahi Baksh with the help of other witnesses has implicated the accused falsely in this case. 4. It has not been challenged in this case that Dulal Fakir died due to the effect of the injuries that were found on his person by PW 12 Dr Md. Mohsin on 21.7.69. PW 5 Constable Osman Gan..Category: Criminal Law | Date: | Hits: 62
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ...... therefore, that Safar Ali and his men waited for an opportunity and when he found the complainant and his labourer giving a wash to the cattle in a ditch near the field they attacked them causing injuries to the complainant and also impounded one head of cattle. I have given due consideration t..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....ether directed or not it is now up to the plaintiff to seek his remedy in a properly framed title suit. His hope of securing the desired end of throwing the defendant No. 2 out of the premises by a simple ejectment suit, in the facts of the case, is bound to meet with disappointment. ...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ......pined that taking over charge from the conductor of the bus by standing on the road is also an essential part of the appellant's duty. The liability of the respondent employer to compensate for the injuries sustained by the appellant was, therefore, clearly accepted by the learned Commissioner. ..Category: Labour and Industrial Law | Date: | Hits: 118
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
.... accused petitioner Keramat Ali, Ayub Ali, Seramat Ali, Sabir Mia, Sultan Mia and Ismail under sections 379 and 447 PPC and sentencing each of them to pay a fine of Rs 20 in default each to suffer simple imprisonment for 15 days. 2. The case for the prosecution, briefly stated, is that co......ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 66
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... "The State Acquisition and Tenancy Act has not affected, expressly or by necessary implication, the right of getting khas possession which accrued to a man either on account of simple trespass or on account of the right accrued to him by the operation of law. The right exist...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......esponding to 21st December, 1967 AD at about dawn on hearing an alarm the complainant went to the house of Yasin Sheik and found Maleka Khatun, the 2nd wife of Yasin Sheik lying dead with bleeding injuries in the courtyard near a peg by the side of the cowshed. He saw Dao blows on the neck of th..Category: Criminal Law | Date: | Hits: 154
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....o do so. The plaintiffs had reason to believe that plaintiff No. 14 in collusion with the defendants did not take any steps for setting aside the abatement. The heirs of the deceased plaintiffs are simple persons and one of them was a minor. Plaintiff No. 14 took necessary costs from the heirs of......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....of action having arisen, the argument of Mr. Sobhan is apparently self-defeating and the complaint cannot be saved in any case. 13.Unfortunately, the High Court Division failed to appreciate this simple point raised before it and wrongly rejected the application for quashing summarily under a mi......ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ..Category: Business or Commercial Law | Date: | Hits: 145
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......, son of Swarapdi, dealt ballam blows to PW 10. Accused Malek and accused Siraj, son of accused Matbar Au, gave a dao blow on the head of PW 11 Abdus Somed. Some of the accused persons also caused injuries to PW 2 Wahab. Accused Kubad and Sabur Kha dealt lathi blows to PW 4 Somraj. The PWs manag..Category: Criminal Law | Date: | Hits: 80
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....ard. 11. Having heard Mr. Khalilur Rahman, learned Counsel for the appellant-company and Mr Rokanuddin Mahmood, learned Counsel for respondent Nos.2-4 we find that the issues are basically simple. 12. It is the, common case of both the appellant and respondent Nos.2-4 that the c......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....ision in this regard is not correct. The contention on behalf of the respondents that the blocks were let out for commercial purpose only and not for public purpose does not meet our approval for the simple reason that a Municipal Authority while erecting shops and letting them to the shop-keepers s......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ..Category: Property Law | Date: | Hits: 63
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