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Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
.... 12. Even taking that the case would attract section 363 Penal Code and the girl has to be below 16 years, the High Court Division cannot be said to have acted judiciously in giving preference to ft voter list where the girl's age is shown to be 18 years over the testimony of the father supported b......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......ase the Administrative Tribunal is found to have correctly applied the principle laid down in this previous decision. 8. Mr. Abdur Rab Chowdhury has, in this connection, referred to a number of cases to seek support to his contention that terminations of service by simply giving a n..Category: Administrative Law | Date: | Hits: 149
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......eror. If it be his claim that he holds it by virtue of a transfer which he regards as valid he is obviously holding in his own right and not on behalf of the transferor or in trust for him. A large number of cases could be cited wherein it was held that an unregistered deed though it could not e..Category: Property Law | Date: | Hits: 59
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......erwriting figure 31 with a motive to show that the said figure has been inserted therein, that in the DCR dated April 24, 1970 whereby plaintiffs' father was said to have paid salami originally dag number was 203/11 but later on figure 11 was changed to 31 and the change so made is quite visible ..Category: Property Law | Date: | Hits: 51
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ......efore this Court as a result of which there has been further delay of long three years in the disposal of the case. 13. We have been regretfully observing that at present the litigants in a number of instances are not duly advised in the matter of pursuing legal battles and sometimes due ..Category: Civil Law | Date: | Hits: 95
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 67
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed...Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......ge), Gaibandha praying for pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. On transfer to the Court of the Senior Assistant Judge, Gobindaganj the case was renumbered as Miscellaneous Case No. 38 of 1992. The pre-emptor asserts that he is a co-sharer in the..Category: Property Law | Date: | Hits: 64
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ......ing been listed in CIB report under Borrowers Code No. 10061 and for that they were debarred to continue transaction with the appellant Bank and also with other Banks. 22. This Division on number of occasions has held that the High Court Division while passing ad interim order or grantin..Category: Banking Law | Date: | Hits: 121
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
.... the property though, according to respondent No. 1 they were dispossessed on 12-6-1974 by one Monir Hossain illegally and the respondent No. 1 also could not produce any documentary evidence like voter list, passport, nationality certificate, non-option certificate of Sk. Shamsuddin in proof of......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ..Category: Property Law | Date: | Hits: 77
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......ick and ors, 12 DLR 849 the question of pre-emption under section 26F, Bengal Tenancy Act, came up for consideration before Hamoodur Rahman, J (as his Lordship then was) and on examination of a number of cases it was held that operation of section 26F could not be jeopardised by an agreement..Category: Property Law | Date: | Hits: 71
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......ocessed by a consultant before being placed to the evaluation committee. The meeting was held in presence of Post and Telecommunication Minister Mr. Md. Nasim and it was stated in that meeting that a number of consultancy firms had expressed their intention to act as consultant for the project. The ..Category: Anti-Corruption Laws | Date: | Hits: 89
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......used persons from the charge of smuggling. 3. The writ-respondent-appellant contested the Rule by filing an affidavit-in-opposition stating, inter alia, that for MV Alba no import rotation number was obtained and import rotation No.1118/85 was given to MV Al Sara and the customs house ha..Category: Business or Commercial Law | Date: | Hits: 96
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......the governance of the country and it shall be the duty of the State to apply these Principles in making laws" but these principles shall not be enforceable by any court. The Indian Supreme Court in a number of cases including the case of Keshavanda Bharati (AIR 1973 SC 1461) and Deepchand vs. State ..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......lsquo;‘The mesne profits suit was also delayed till 1984, when the same was decreed ex parte, but subsequently on the prayer of the defendants the suit was restored to its original file and number. The suit ultimately came up for final hearing after 25 years, when the same was dismissed ..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......r Mahbubuddin Ahmed failed to make good his argument on this point. 44. I may further point out with reference to the award that the Arbitrator examined witnesses, admitted in evidence a large number of papers and also made a joint survey of the total quantum of earth of the hill and there is..Category: Alternative Dispute Resolution | Date: | Hits: 202
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......nor injuries is immaterial if the act was done in furtherance of their common intention. Section 34 is clearly found to be applicable in this case. 10. The learned Judges have referred to a number of decisions regarding the principle of vicarious liability under section 34. These include ..Category: Criminal Law | Date: | Hits: 93
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......Abu have not been challenged by the defence in any manner. Taking the evidence of PWs 1-5 together, we are left with no doubt whatsoever that along with absconding accused Shahid and other persons, numbering more than 5, appellants Hazrat All and Mansur Ali became members of an unlawful assembly ..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......learned Advocate for the respondent, has argued that when the respondent is not governed by the law of master and servant, the civil Court's jurisdiction is not totally ousted. He has referred to a number of decisions including a decision of the Appellate Division in the case of Managing Directo..Category: Administrative Law | Date: | Hits: 130
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ...... placed on Entores Ltd Vs. Miles Far East Corporation 1955 (2) QBD 327. 12. For bringing home the import of the practice of English Courts, and of English decisions, reliance is placed on a number of decisions, particularly in Champaklal Vs. Nectar Tea Co. AIR 1933 Bom, 179, Arthur Butler..Category: Business or Commercial Law | Date: | Hits: 124
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