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Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....an accounting, that the parties would be bound by the results of the accounting and that the mortgagee would be entitled to get 1500/- as principal and Tk. 1500/- as interest, in all Tk. 3,000/-. The balance of the profits, to be found on accounting, by the Accounts Commissioner, from the date of th......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....d Subordinate Judge passed another order on 2-6-75, staying the proceeding in the Execution Case till the disposal of the aforesaid Miscellaneous Case on the alleged grounds of ends of justice and balance of convenience. 4. The High Court Division, being move under section 115 of the Code...... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 61
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....n of the appellant as well as of Pakistan Army in killing Saimuddin in the manner it were done. The appeal is, accordingly, dismissed. Ed. This Case is also Reported in: 29 DLR (SC) 246. ......ccurrence from his neighbours including some of the prosecution witnesses. Thereafter, he lodged written information at the local Police Station. The police after investigation submitted a charge sheet. 5. The defence was completely in denial of the occurrence. It was further contended that ..Category: Criminal Law | Date: | Hits: 63
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......azar after purchasing 15000 cigarette. He was accompanied by a cooly who was carrying the cigarettes and another shopkeeper named Harunur Rashid. The police after investigation submitted a charge sheet when the appellant faced the trial before the Special Tribunal under section 392, Bangladesh..Category: Criminal Law | Date: | Hits: 70
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....n of the Company and the various correspondences between Government and the Company, from 3rd December, 1959 till the passing of the impugned order, and held that the Company paid regularly all the balance instalment1! of the premium of the lease, the name of the Company M/S. Abdul Tayab Jiwaji ......show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 57
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....eeding. It was also held by the High Court that there is no allegation that the proceeding has been initiated malafide, and that the learned Subordinate Judge erred in law in holding that the balance of convenience and inconvenience was in favour of the plaintiff and consequently exerc......gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 107
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......oint for consideration is: Whether the G. R. Case No. 255 of 1973, pending in the Court of the Sub-Divisional Magistrate (N), Barisal in which occurrence took place on 4. 8. 1973 but charge-sheet was Submitted on 20. 7. 1974 and cognizance was taken on 31. 8. 1974 under President's Order ..Category: Criminal Law | Date: | Hits: 113
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......ad body was held on that date at 5-00 PM. Thereafter, the dead body was sent to the morgue and a medical board held autopsy of the dead body on 1 8-4-90. After investigation police submitted charge sheet against accused petitioner Abdul Khaleque and his brother Abdul Barek along with 9 others on ..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
....3rd Court, Dhaka issued succession certificate in favour of his heirs mother Mossammat Sharifan Bibi and two full brothers Md. Zafar Mia and Md. Zakir Mia. The heirs of Md. Shamsuddin received the balance consideration of Taka 10,000.00 from the said purchaser Sayeda Reba Habib and they execute....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ..Category: Property Law | Date: | Hits: 57
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......t be held peacefully the Presiding Officer in collusion with the appellant counted the votes, prepared statement in Form ‘K’ without taking signature of the polling agent in the result sheet which was total violation of Rule 39(4) of the Union Parishads (Election) Rules, 1983 (herein..Category: Election Law | Date: | Hits: 124
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... asked the company to pay back the working capital of Taka 30, 00,000. As the company could not arrange more than Taka 2,00,000 to pay back the petitioner and her husband respondent No. 3 paid the balance amount of Taka 28,00,000 on condition that Bangladesh Shilpa Rin Sangstha approved the prop......97, 1998 and 1999 in violation of the Companies Act. The accounts of the company had not been audited to the share holders for the aforesaid years. The company had not submitted the audited balance sheet and profit and loss account since 1998 and statutory returns since 1990 to the Registrar of ..Category: Business or Commercial Law | Date: | Hits: 95
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......sider first, whether the learned Judges of the High Court Division acted illegally and contrary to law in granting bail to the accused when he is a first information report named accused and charge sheet has been submitted against him under sections 302/34 of the Penal Code and when there are re..Category: Criminal Law | Date: | Hits: 68
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ...... and the court directed the Government to dispose of the review petition. Accordingly, the Government set up a review forum who found the allegations against the respondent as stated in the charge-sheet was baseless and submitted a report for recommendation with reinstating the respondent in ser..Category: Administrative Law | Date: | Hits: 117
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......oard of Secondary and Higher Secondary Education, Rajshahi bearing Roll No. Pab‑788 from Government Edward College, Pabna and he came out unsuccessful in the Examination. Upon obtaining mark sheet he found that he obtained 33 marks in English I paper and 21 marks in English 11 paper, in t..Category: Constitutional Law | Date: | Hits: 182
Special Reference No. 1 of 1995, 24 CLC (AD)
....Constitutional Law", Ch. I (Judicial Review) P. 36 has said: "The political question doctrine is itself an anomaly in a system in which governmental acts may ordinarily be weighed in the judicial balance and, if necessary, found constitutionally wanting. A good case can be made for restricting t...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Yakub Ali Vs. State, 1995, 24 CLC (AD)
.... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ......tion of complaint as First Information Report. On 5.11.1994 SI Shibganj Police Station filed a final report in the aforesaid Unnatural Death case and subsequently on 3.1.1995 he filed charge‑sheet against the petitioner and others under sections 302/201/114 of the Penal Code on the basis o..Category: Criminal Law | Date: | Hits: 62
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......te. 2. The respondent, who was an Assistant Commercial Officer of the Corporation, was proceeded against in a departmental proceeding on three specific charges contained in the charge‑sheet dated 8.5.86 requiring him to submit his written reply within 7 days and asking him to indica..Category: Employment/Service Law | Date: | Hits: 134
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......First Information Report or lodged any complaint in Court alleging commission of the said murders by the respondents. 4. In GR Case No. 76 of 1986 police after investigation submitted charge sheet on 10.2.1987 against 17 persons including accused Mukhlesur Rahman under various sections in..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....the allegations of facts as brought to our notice very minutely by Mr. Islam although the Islami Sramik Shangha was not made a party in the writ petition. As already stated, putting everything in the balance among which the liberty of the detenu was the uppermost, we, 'have not lound 'it possible no...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....e and register a necessary sale‑deed by obtaining income‑tax and gain‑tax clearance certificates and that whenever these formalities would be complete the respondent would pay the balance of Taka 2 lakh. The appellant accordingly filed an application to the Income‑tax Aut......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
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