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Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....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 ...... the condition of rule 5, be appointed on ad hoc basis to the same or analogous post he held in the concerned high school before its nationalisation, if he possesses the qualification required for appointment to such post. The impugned Rules of 1981 compared to the Rules for the high school teac..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......meanwhile the Ministry of Foreign Affairs by order dated 10-6-82 cancelled the notification relating to his assumption of charge as Director; that the Ministry of Establishment Division cancelled his appointment as Deputy Secretary in the Senior Services Pool by order dated 17-2-83; that he submitte..Category: Administrative Law | Date: | Hits: 167
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......in Civil Revision No. 366 of 1992 with an ad-interim order of stay of operation of the judgment. 4. During the pendency of the revision case the respondents filed an application praying for appointment of a receiver for the suit land stating, inter alia, that they obtained a decree on 27...Category: Property Law | Date: | Hits: 61
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
.... a trap against the accused, it is not sufficient to prove that marked notes passed from the decoy witness to the accused. It is of the utmost importance in cases of this kind that there should be independent corroboration of the statement of the decoy witness that the money was received by the ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....hullah Fakir and his daughter PW 3 Laily Khatun are not now coming to support the story of extra-judicial confession by the accused. PW 1 Sk. Elahi Baksh, PW, 8 Rangu Mian, PW 9 Salamat Shaikh are independent witnesses. PW 10 Golam Mostafa, an Imam of the local mosque, is related to the deceased...... 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. ..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....with the plaintiffs. 5. The learned Munsif who tried the suit held that the plaintiffs failed to prove their case of possession and dispossession and that the defendants proved their case by independent witnesses and consequently he dismissed the suit. On appeal the learned Subordinate Ju......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....mptor and the applicants jointly preferred Miscellaneous Appeal No. 89 of 1966 before the District Judge, Jessore, which came up for final disposal before the Subordinate Judge, Jessore, who on an independent assessment of the evidence, both oral and documentary, arrived at the finding that both......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....f only three offences of the same kind. 8. As regards the allegation of disposal of Rs. 1360.09 paisa of the unclaimed amount between 27.5.64 and 19.8.64 among nine persons each act constituted an independent transaction and in the absence of any nexus between them they cannot be deemed to form p......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......ge, Mehendiganj police station submitted a report to the Sub-Divisional Officer, Sadar (North), Barisal for drawing up proceedings under sections 145 and 146 of the Code of Civil Procedure and for appointment of receiver for the standing crops. Accordingly, proceedings were drawn up by the Sub-D..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....on this point before me to the case of 5. Komorappa Goundan vs. Ramaswamy Goundan, AIR 1948 Madras 150. In the said case Ali J. held that the High Court under section 151 can stay the trial of an independent suit in the course of other proceedings pending before it if the stay is necessary in t......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..Category: Property Law | Date: | Hits: 86
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....t is admitted by PW 6 that about 10/12 villagers came to the bari on hearing his shouts when his Bhabi was carried away by the accused but it appears that none of them has been examined to furnish independent corroboration to that part of the prosecution case. Similarly, as regards the prosecuti......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
.... Hindu family out of the joint funds and accepted the case of the defendant that the property acquired by two documents from Chandra Kumar was the self-acquired property of Raj Kumar out of his own independent income. The plaintiff having felt aggrieved by the latter part of decision of the lear......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..Category: Property Law | Date: | Hits: 62
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....is barred by limitation. This contention has some substance. It may be stated that the learned Munsif has relied on Ext. 1 which has been proved by PW 5 who is not only a Mukabala witness but also an independent witness and who has supported the writ of delivery of possession, Ext 1. The case of the......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ..Category: Property Law | Date: | Hits: 82
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... 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. ...... as to exclude the same from the decree in favour of the plaintiff. For this purpose the trial Court may appoint a pleader commissioner and have the matter decided once and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....octor found that the death was due to shock and haemorrhage as a result of spinal injury which was ante mortem and homicidal in nature. The Doctor further observed that injury Nos. 3 and 4 were not independent injuries and that they were the result of injury Nos. 1 and 2 and these injuries must ...... attention to a decision of this Court in the case of State Vs Purna Chandra Mondal 22 DLR 289 wherein a Division Bench of this Court remanded the case for retrial on the ground that a last moment appointment of an Advocate for defending a prisoner charged with an offence involving capital punis..Category: Criminal Law | Date: | Hits: 154
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ....... 1 company. 3. Section 25(3) of the Arthik Protisthan Ain, 1993 provides that notwithstanding anything contained in any other law for the time being in force, a person is not eligible for appointment as a director of a financial institution if he is already a director of a bank or insur..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ...... as directors of the petitioner company and section 25(3) does no longer apply to them. There being no change in the factual circumstances the same set of directors who were considered eligible for appointment as directors cannot be subsequently found ineligible to continue as directors. ..Category: Business or Commercial Law | Date: | Hits: 96
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....d. It is not known when the trial will conclude which, we have been informed, has, however, started. The young girl cannot be allowed to walk away from the prison house of her own, because she has no independent place to stay. The parties have not been able to provide any answer to our query whether......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..Category: Criminal Law | Date: | Hits: 71
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force”. 12. Article 34 of President’s Order No. 128 of 1972 is an independent substantive and procedural provision regarding bar of entertainment of a suit on grounds...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ......writ petition Md. Shahiduddin Ahmed, then Chief Metropolitan Magistrate, Dhaka, had been holding the said office and had been exercising judicial functions in terms of Notification No. Sha-MA/JA 3/appointment -3/90,101 dated 26-2-1992 so far as it relates to the said respondent and 13-11-1998 B..Category: Employment/Service Law | Date: | Hits: 72
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