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Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178....... other sufficient reason. Consistently with the principle that there is to be an end to litigation it is now well-recognised that review is not an appeal nor a rehearing merely on the ground that one party or another conceives himself to be dissatisfied with the decision sought to be reviewed. Unles..Category: Property Law | Date: | Hits: 80
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....to take cognizance of the offence charge or to continue to take any proceeding in connection with that prosecution. The absence of the sanction renders the entire prosecution ab initio void and other defect cannot be cured even by obtaining a sanction subsequently during the pendency of the proceedi......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....r whether the substitution made in the court of appeal during the pendency of the appeal from an interlocutory order would not ensure also for the purposes of the suit and be sufficient to cure all defects in that behalf. Hamoodur Rahman, CJ in delivering the judgment noticed the rule law down b....... The learned Subordinate Judge, however, suo mow recorded the abatement of the suit as a whole by his order dated 10-9-69 o account of the death of defendant No.4. On 15-4-72 a lawyer of opposite party No.3 (defendant No.3) in the aforesaid misc. case informed the Court that the said opposite ..Category: Property Law | Date: | Hits: 70
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......ean Industries Ltd. vs. Industrial Development Bank 18 DLR (SC) 354 which runs as follows: “To establish the case of waiver or estoppel it was necessary to clearly show that the party alleged to have waived its right had acted in such a manner as to lead the other side to bel..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ......iness Marine Insurance is being conducted by a statutory corporation. The defendant must realise that one of the canons of construction is that commercial instruments must be construed against the party b whom they are drafted. In Norman vs Anchor Insurance, (1858) 4CB (NS) 476, Cockburn, LC sai..Category: Business or Commercial Law | Date: | Hits: 151
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......hild will now belong to Second Party according to her rights under the law, provided, however, that the First Party shall have visiting rights as mentioned herein. Such visiting rights of the first party shall be exercised by the First Party by having the child sent over to his residence at 405E..Category: Family Law | Date: | Hits: 162
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......-General is right in contending that a transaction based on contract ordinarily gives rise to civil liabilities but that does not preclude implications of a criminal nature in a particular case and a party to the contract may also be liable for a criminal charge or charges if elements of any particu..Category: Anti-Corruption Laws | Date: | Hits: 92
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....e Begumjan received Taka 99.00 from defendant Nos. 1-3 and relinquished her personal right to re-purchase the suit land and so the alleged right of redemption was extinguished. The suit suffered from defect of parties for non-joinder of one Abdul Hakim who purchased the land of plaint-Schedule 2 fro......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ..Category: Property Law | Date: | Hits: 63
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. ......ncellation of the charge of Director held by the petitioner at Annexure-13 is hereby declared to be illegal, void and of no legal effect; (3) It is further declared that the placement of the opposite party Nos. 6-7 in the Gradation List of 1989 at serial Nos. 80 and 81 above the petitioner affecting..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......nk Ltd., AIR 1965 (SC) 166, Gajendragadkar, CJ held that where the validity of an agreement is impeached on the ground that it is opposed to public policy under section 23 of the Contract Act, the party setting up the plea must prove that plea by clear and satisfactory evidence. Reliance on a m..Category: Property Law | Date: | Hits: 72
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......ot given on account of wrongful acts of BTTB, but it did not come to any finding that BTTB was responsible for any wrongful act and held that assuming that for acts of one of the parties the other party could not enjoy the fruit of the contract for a certain period, the deprived party does not a..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......f BTL and, as such, had no locus standi to sign and verify the application and that his name was not found in the Memorandum and Articles of BTL. 6. HBTL, the joint venture company, was not made a party to the writ petition. It added itself as respondent No.3 by an application. HBTL filed an affi..Category: Information Technology Law | Date: | Hits: 242
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......y if it could be shown that the tribunal had acted without jurisdiction or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the ab..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......egislature has made its intention clear that the amending Act should have retrospective operation, there is no doubt that it must be so construed even though the consequences may entail hardship to a party. But even without express words to that effect, retrospective effect may be given to an amendi..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......the suit property was exempt from any legal process including attachment or sale by any Court and therefore the attachment and sale was illegal and without lawful authority. The plaintiff was not a party either to Money suit No. 32 of 1972 or to the Execution Case and the right, title and intere..Category: Property Law | Date: | Hits: 61
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....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. ......date. On 28.2.64, Omar Al submitted a written complaint to the said Assistant Anti-corruption Inspector Mujibar Rahman with regard to the occurrence which took place on 24.2.64. On 29.2.64, a trap party was organised by the anti-corruption officer consisting of the said Mujibar Rahman, some cons..Category: Criminal Law | Date: | Hits: 68
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....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. ......nce the onus shifts from one side to the other. When after the entire evidence is adduced, the tribunal feels it cannot make up its mind as to which of the versions is true, it will hold that the party on whom the burden lies has not discharged the burden; but if it has on the evidence no di..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ...... true and, on consideration of the evidence on record, came to the conclusion that the prosecution story was true and the occurrence took place in a ditch and not in the kalai field of the accused party. 5. A motion filed against this judgment of conviction was heard and disallowed by Add..Category: Criminal Law | Date: | Hits: 69
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
.... 7. On the pleadings of the parties the learned Subordinate Judge framed the following issues: 1. Is the suit maintainable in its present form? 2. Is the suit bad for defect of parties and properties? 3. Is the plaintiff entitled to partition? If so, for ......one elsewhere and had kept no touch with Idris Ali and with the property in suit. The defendant further alleged that Syed Sirajul Islam Khan who was a mere Benamdar of the defendant was a necessary party to the suit. He also alleged that since his purchase from the heirs of Syed Ashraf Ali and Sy..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
.... or the rules or bylaws, a notice shall be served on the person concerned specifying the time within which the retirement shall be complied with. (2) No notice shall be invalid for defect of forms. (3) Every notice shall, unless otherwise provided, be served or present......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
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