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State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....der, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondent No. 2. Not Represented—For the Respondent No. 1. Criminal Appeal No.11 of 2008. (From the judgment and order dated 2-3-2005 passed by the High Court Division in Criminal Appeal No.123 of 1989). Ju...... 3, 4, 5 and 9 they were corroborated by P.W.1. 8. The High Court Division did not discard the evidence of these witnesses as not reliable or on any other ground. It could have been disbelieved on proper assessment of their evidence on assigning reasons therefore, but keeping their evidence intac..Category: Criminal Law | Date: | Hits: 90
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ce. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......ence of prosecution witnesses individually. The learned Advocate further contended that the learned Magistrate committed an illegality in taking cognizance of the offence inasmuch as valuation of the property of theft was not more than 5,000/‑ and the complainant has given an enhanced amount of lo..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
.... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Repco Laboratories Ltd............................Petitioner Vs. Nuruddin Ahmed and others.....................Opposite Parties. Judgment June 21, 1989. Cases Referred to-......it is held that the case reported in AIR 1929 Madras 803 has no manner of application in the instant case. In AIR 1931 Bom 509 on an application by the plaintiff for attachment before judgment of the property of the defendant, the defendant gave an undertaking that he would not sell the same till th..Category: Procedural Law | Date: | Hits: 84
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Mohammad Fazlul Karim J Hasina Mawla……………………Petitioner Vs. Bangladesh Parjatan Corporation and another…………........Respondents Judgment November 18, 1992. Cases Referred To-......ct to the qualification which he himself has introduced, even though it is not supported point of law by any consideration". In the same Volume at page 638 it has stated that "acquiescence" in its proper legal sense implies that a person abstains from interfering while a violation of his legal ri..Category: Employment/Service Law | Date: | Hits: 88
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....osts. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......ave been in possession of the disputed holding as sub‑tenants under Syed Ahmed and running their respective business they are necessary parties to the suit and their presence would be necessary for proper adjudication of the issues. The power to be exercised under Order 1 rule 10 CPC is a discreti..Category: Property Law | Date: | Hits: 67
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
....rder as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ...... in order to have the benefit of section 4 of the Partition Act the defendants are to satisfy the Court first, that they are members of an undivided family and share‑holders and that the disputed property is a dwelling‑house belonging to an undivided family. Secondly, a share of such dwelling ..Category: Property Law | Date: | Hits: 66
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
.... This Case is also Reported in: 48 DLR (1996) 61. ......y are interested and partisan. He has assailed the finding of the learned Assistant Sessions Judge to the effect that the accused appellants exceeded the right of private defence of person as well as property by causing such grievous injuries to the victim Tajur Muluk resulting in his death. The nex..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J SDS Dairy Limited………………................Petitioner Vs. Bangladesh and others…………………………..Respondents Judgment January 6, 2011. Lawyers In...... Rin Adalat No.3, Dhaka in Artha Execution Case No.131 of 2009 rejecting the petitioner’s application filed under Order XXI rule 83 of the Code of Civil Procedure for permission to sell an attached property through private negotiation for enhancement of the sale proceeds. 2. The facts leading t..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
........................................Petitioner Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others……………Respondent Judgment March 7, 2011. Case Referred to- 32 DLR (......ority and also as to why the respondents shall not be directed to issue an work order in favour of the petitioner and/or such other or further order or orders passed as to this court may seem fit and proper. 2. In short, the case of the petitioner for the purpose of disposal of the rule is as fol..Category: Others | Date: | Hits: 133
Babul and others Vs. State, 2011, 40 CLC (HCD)
..... Borhanuddin J.-I agree. This Case is also Reported in: ......ay in filing the complaint, he refers to the case of Rustum and others Vs. The State reported in XIV BLT 435. 6. The learned Advocate for the appellants lastly submits that the trial Judge without proper assessment of evidence convicted the appellants on mere surmise and conjecture, which is not ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....ction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Bulu………………..Appellant Vs. State………………..Respondent (Criminal Appeal No. 383 of 1990). Khairul and others………………….Appellant Vs. State……………………Respondent (Crimina......ants. Now we are to see as to how far the prosecution has been successful in proving the case against the accused appellants and whether the learned trial Court has arrived at the finding of guilt on proper assessment and appreciation of evidence. 22. Mr. Serajul Huq, the learned Advocate appeari..Category: Criminal Law | Date: | Hits: 83
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....LR 277; Shoukat Ali Vs. Administrator of Waqf, 29 DLR 276; Makbulal Huq Vs. Administrator of Waqf, 17 DLR 30. Lawyers Involved: Mahmudul Islam with Md. Reaz‑e-Morshed Kamal, Md. Gaziur Farooq and Syed Dastgir Hossain, Advocates ‑ For the Petitioner. A Baset Mazumder, Advocate ‑Respond...... us to believe that the impugned order was issued on extraneous grounds rather than on finding of facts. Existence of factual grounds, for removal of the mutwalli should have been established after a proper hearing given to the petitioner. He should not have been removed on mere one sided appraiseme..Category: Trust/Waqf Law | Date: | Hits: 157
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... Judgment Syed Fazle Ahmed J.- The rule which arose out of the application condonation of delay in preferring appeal was heard by the Bench comprising Mr. Justice Bimalendu Bikesh Roy Choudhury and Mr. Justice Abdul Hasib and as their Lordships failed to return an unanimous verdict, their Lord......elies. It is for the appellant‑petitioner to show that his conduct throughout the period between the date of impugned judgment and filing of the appeal has been of such a character that it would be proper to condone the period of delay that has occurred beyond the period of limitation and that app..Category: Procedural Law | Date: | Hits: 87
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
.... (Civil Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Sheikh Md. Shahidun Nabi................Petitioner Vs. University of Dhaka and others...................Respondents Judgment March 14, 1991. Cases Referred to- Was......f a student is the sole function of the University in accordance with the Rules and Regulations of the University. As the decision taken by the University Authority against the petitioner is just and proper and in accordance with law, the writ petition filed by the petitioner is not maintainable. ..Category: Others | Date: | Hits: 122
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
.... in: 45 DLR (HCD) (1993) 15. ......was heard by Subordinate Judge, 2nd Court Chittagong and on reappraisal of the evidence on record he could not concur with the view taken by the trial Court on the point of limitation and having made proper analysis of evidence came to the finding that pre‑emptor petitioner was not in the know of ..Category: Property Law | Date: | Hits: 72
Category: Intellectual Property Law | Date: | Hits: 224
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....ceipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ...... the Insurance Company, defendant No. 5. Defendant Nos.1-4 were also granted overdraft facilities against their pledged stock of goods covered by valuable securities, charge documents, title deeds of property, etc. and the said defendants drew the advance by cheque through different accounts maintai..Category: Civil Law | Date: | Hits: 92
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....ddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Judgment February 20, 1995. Cases Referred to-......dge superseding the petitioner relates to a dispute touching the terms and conditions of service of the petitioner who is a person in the service of the Republic so the Administrative Tribunal is the proper forum to seek redress of his grievances in view of Article 117 of the Constitution. It is als..Category: Employment/Service Law | Date: | Hits: 173
Category: Procedural Law | Date: | Hits: 68