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HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ...... This Case is also Reported in: 14 BLC (AD) (2009)115. ......g from act of God." Reference in this regard may be made to the case of Nugunt vs Smith (1876), 1 CPD 423 wherein it was held that "loss arising from and occasioned by the agency of nature which cannot be guarded against by the ordinary exertions of human skill and prudence so as ..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ...... court below as well as the impugned 'judgment of the High Court Division. He contended that the High Court Division failed to appreciate the fact that from the circumstances of the occurrence, the nature of injuries and the postmortem report, it was a clear case falling under Exception 4 of the ..Category: Criminal Law | Date: | Hits: 50
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....ner failing to find that confessional statement of the petitioner as recorded by the learned Magistrate under Section 164 of the Code of Criminal Procedure was involuntary, untrue as well as exculpatory, untrue, before recording the same the petitioner was kept for reflection under t......e same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ......s-examination and suggestion put to the P. Ws. is of innocence and that they have been falsely implicated in the out of enmity when the deceased succumbed to her burn injury which was accidental in nature. 4. After closing of the P. Ws., the petitioner and others were examined under S..Category: Criminal Law | Date: | Hits: 96
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....e find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ......cordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ......efendant No.12-14 and that their deeds are prior to the date of execution of plaintiffs; that the applicants' deeds are forged deeds and if they are allowed to implead as defendants in the suit the nature and character of the suit would be converted to one of title. The plaintiffs are claiming a ..Category: Property Law | Date: | Hits: 25
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ...... call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......dical Board opined that the death of the victim was due to asphyxia resulting from exerting pressure on the throat, neck, head and facial region of the victim which was ante-mortem and homicidal in nature. The police, after investigation, submitted charge sheet against the petitioner under secti..Category: Criminal Law | Date: | Hits: 50
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......gly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ...... regard performance of public function is to be fixed. 21. The learned counsel for the respondents has submitted that the provision in Rule 8 (3) of the Rules is directory and not being mandatory nature, non-compliance of the provision of the said Rule did not affect the judgment of the learned ..Category: Alternative Dispute Resolution | Date: | Hits: 249
M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)
....dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 505. ......, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 505. ......er Company has not asserted any special circumstances for which the registered Trade Mark may not be removed from the register. The allegation as made is not bonafide and is harassing in nature and the opposite party No. 2 is continuously using the Trade Mark for the last 13 years. ..Category: Intellectual Property Law | Date: | Hits: 329
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......er as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......ired land of Plot No. 361 of Mouza Bhola and remaining unacquired portion being part the Gulshan Lake and if the writ appellant is allowed to make construction on the said unacquired land the nature of the Gulshan Lake will be changed affecting the master plan of the area and thus the RAJUK..Category: Property Law | Date: | Hits: 28
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ......his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ......Judge of the High Court Division appreciated the evidence to find therein that the prosecution failed to prove the place of occurrence. This finding is palpably erroneous. 8. As to the nature of the injury from which Amjad died, P.Ws. 1, and 7 and others gave consistent evidence..Category: Criminal Law | Date: | Hits: 44
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ...... Present: ATM Afzal CJ Latifur Rahman J Muhammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Miss Shaheda Khaturi.......Appellant Vs. Administrative Appellate Tribunal, Dhaka and others..........Respondents Judgment ...... will serve no useful purpose. 20. We shall refrain from saying anything on the merit of the appellant's case but we shall interfere with the impugned judgment because of its appalling nature. The appeal should be heard and decided again, for, justice should be seen to have been don..Category: Administrative Law | Date: | Hits: 110
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......p;………….Appellant. Vs. Rafiqullah and ors.....................Respondents Judgment February, 16, 1999. Lawyers Involved: Sharifuddin Chaklader Advocate-on-Record-For the Appellant. S. R. Kamakar, Advocate-on-Record-For Re......l in error of law in setting aside the Judgment of the lower appellate court without adverting to the reasoning of the lower appellate court and in holding that the court can not question the nature of transaction in a pre-emption case by adducing oral evidence. He further argues ..Category: Property Law | Date: | Hits: 66
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
.... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ......ut without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ......shy;way, confirmation of possession and also for permanent injunction restraining the defendant-appellant and others from interfering with their possession of the pathway and from changing the nature and character of the same in any manner by putting any obstruction e.g., a gate at the entra..Category: Procedural Law | Date: | Hits: 64
Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)
....the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......ere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......t transpires from the trend of cross-examination is that they have been falsely implicated in the case out of enmity and the deceased succumbed to her burn injury which was accidental in nature. 8. On consideration of the evidence on record, the learned Judge of the Tribunal fou..Category: Criminal Law | Date: | Hits: 86
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ...... to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......hority at no circumstance would sub lease the Cinema house, and that would exhibit the Documentary film relating to different development activities of the Government as well as the film of educative nature supplied from the District Information office. 20. If the provision of sub-section (3) of..Category: Civil Law | Date: | Hits: 128
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ...... 5 from collecting rent to the extent of 1/5 share from the tenants and also from disturbing the plaintiffs from collecting rent from the tenants to the extent of their 1/5 share and from changing nature and character of the ejmali property by demolishing partly or fully the three-storied buildi..Category: Property Law | Date: | Hits: 22
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ...... DLR (SC) 351; SM Towfiq Vs. National PLD 1962 Karachi 355; 21 DLR (SC) 357; Wright, Crossly and Co. S.T.M. 15 RFC 131; Ellis & Co. T.M. 21 RFC 617; G.C.H.Q. Case (Council of Civil Service Unions V. Minister for the Civil Service 1985 A.C. 374); British Airways Board v. Laker Airways Ltd ((1985) A.C......at: "It is also to be borne in mind that as finality attaches to the judgments delivered by this Court, which stands at the apex of the judicial hierarchy, a review, proceeding is neither in the nature of a re-hearing of the whole case, nor is it an appeal against the judgment under review. It ..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......nds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......f 1960-1961 and the ever since they are in possession. Some portion of the case land is agricultural laud and some portion is salt bed. The second party men who are dangerous and desperate in nature collected unauthorized arms and hired goondas to oust the first party from possession. ..Category: Criminal Law | Date: | Hits: 34
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ............Respondents Judgment August 17, 1997. Cases Referred to- Ziaul Huq Vs. East Pakistan Co-operative Society Limited and others, PLD 1969 (Dhaka) 105; Deputy Managing Director and Chairman, National Bank of Pakistan and others Vs. Ataul Haque 17 DLR (SC) 74; Foi......tiate between the legal status of a Co-Operative Society, when its affairs are managed by an appointed Ad hoc Committee or when it is managed by a regularly elected Managing Committee, because the nature and character of such a society is determined by its formation and the functions perfor..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ............Respondents Judgment July 8, 1997. Case Referred to- Writ Petition N. 219 of 1985 (unreported) Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the appellant. Md. Asaduzzaman,......rs the worker unsound or unfit to perform his assigned job. Therefore the period of illness and the recurrence of illness are not the only criteria for determining the health of a worker. It is the nature of the disease, its duration and its effect on the soundness of the health of the worker in..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......…….Respondents Judgment April 2, 1998. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, (Md. Sajjadul Huq, Assistant Attorney General with him instructed by B. Hossain, Advocate-on-Record – For the appellant. Rafique-ul Huq, Seni...... been continuing in possession after the gift, either actual or constructive, the gift is complete and it has taken full effect. He has cited several decisions to show that for a gift of this nature no actual handing over of possession is necessary. 14. Accepting the proposition..Category: Property Law | Date: | Hits: 42
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