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Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......a Chatterjee) filed an application under section 491 of the Code of Criminal Procedure, Criminal Miscellaneous case No. 5382 of 1998, claiming custody of the victim girl. The appellant was not made a party in the said Miscellaneous Case but upon an application filed by him he was permitted to assist..Category: Criminal Law | Date: | Hits: 71
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......s absolute, the High Court Division further directed as follows: The Respondents are restrained from disturbing the possession of the present petitioners in the suit land and if any party has got any claim over the property, the same will be resolved in the appropriate Court of l..Category: Property Law | Date: | Hits: 64
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ...... to institute a suit in the name of the deity. In exceptional circumstances, however, where the shebait does not, or by his own act deprives himself of the power of representing the deity, a third party is competent to institute a suit in the name of the deity to protect the debutter property.&r..Category: Family Law | Date: | Hits: 156
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
.... of Jamila Khatun. Tilottama Devi instituted Title Suit No. 774 of 1975 for declaration of her title to the suit property against Jamila Khatun and others. Tilottama Devi withdrew the suit for formal defect and Title Suit No. 1238 of 1977 was filed against Jamila Khatun and others for declaration of......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ..Category: Tenancy Law | Date: | Hits: 62
Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)
....rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ...... of them to RI for 10 years. 2. Briefly, the prosecution case was that, on possession it is apparent that they were with accused 3-1-92 at 3-45 AM on getting a secret information a police party went to the house of one Lokman Hossain at Mutuail Uttarpara (Konapara) within PS Demra, Dist..Category: Criminal Law | Date: | Hits: 54
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....msically and illegally altered the charge from section 302,149 of the Penal Code to sections 304 Part I of the Penal Code. 39. On a reference to the charge we do not find that the charge is defective in any manner. The charge clearly speaks of commission of the offence of murder in pursua......shot at PW 4 Somraj with a gun causing damage to his left eye. Accused Majid taking the gun from accused Alam Gazi fired at PW 3 Alauddin causing injury. PWs 1-4 and 6-11 resisted when the accused party tried to take away the dead bodies. At that time accused Nurul Islam and Akkal Ali, son of Sw..Category: Criminal Law | Date: | Hits: 80
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......ground that it will cause difficulty on the part of the accused persons and the concerned authority to come from Barisal to Dhaka if the Rule is made absolute. The inconvenience of the informant- party should not be a ground for transferring a session’s case from one district to another d..Category: Criminal Law | Date: | Hits: 63
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ......udgment and order dated May 22, 1996 passed by the High Court Division, Dhaka in FMA No. 196 of 1994). Judgment ATM Afzal CJ.- This petition by the second party-lessee arises out of an arbitration proceeding and is directed against judgment and order dat..Category: Alternative Dispute Resolution | Date: | Hits: 249
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ......e plaintiffs application under Order 39 rule 7 CPC. 5. The High Court Division held that Order 39 rule 7 CPC applies only when the subject matter of the suit is in possession of the other party. An inspection can only be ordered when it is connected with detention or preservation of the..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......e 1 Order 3 of the Code of Civil Procedure, referred to by Khondker Mahbubuddin Ahmed, provides that any application or act in or to any court required or authorised by law to be made or done by a party in such court, may, except where otherwise expressly provided by any law for the time being i..Category: Property Law | Date: | Hits: 48
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....ant No.1 does not exist after his death and there was no fresh threat from the heirs of defendant No.1 and whether the learned Single Judge was correct in holding that the suit will fail for defect of parties as the subsequent alleged kabala purchasers namely, the two daughters of defendan......e was started. Consequently held that the interest of Pasiran was not affected by the auction sale held in pursuance of the certificate proceeding against defendant No. 1 as Pasiran Bibi was not a party to the certificate proceeding and she said sale is not binding upon Pasiran Bibi, wife of def..Category: Property Law | Date: | Hits: 52
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... Md. Abdur Rouf J.- This judgment shall govern these 3 petitions viz Criminal Petition for leave to appeal Nos. 8, 9 and 10 of 1998, having been preferred by the respective first party of the proceeding under section 145 Cr.P.C. from a common judgment passed by a Division Benc..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......ellip;……………..(41) The Special Powers Act, 1974 (XIV of 1974), Section 2(f), 3(1) (a) By talking to BBC that he would start election campaign for his party soon and that he had no regrets or excuses the detenue committed no crime or illegality and t..Category: Constitutional Law | Date: | Hits: 191
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......is shop that his brother Alamgir lying near Mirpur Bus Stand No.1 in bleed injured condition Thereafter informant went there and found many people surrounding the victim. Thereafter a police patrol party came there and took away the victim along with PW 4 to Dhaka Medical College Hospital where ..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....ege; that he having failed to improve his result upto the extended time on 22-6-97 his suit was not maintainable and that the Government of Bangladesh having not been impleaded the suit was bad for defect of parties. High Court Division found that Court of appeal below did not reverse the findin......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ..Category: Others | Date: | Hits: 84
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
.... of election of directors of the Bank. If the candidature of a person for the office of director is not scrutinised by the Board of Directors before the Annual General Meeting then candidates with defection candidatures would also come to contest in the election and much time would be spent in f......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ..Category: Business or Commercial Law | Date: | Hits: 107
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......t notice that Order 11, rule 8 of the Code of Civil Procedure requires that interrogatories shall be answered within 10 days but it does not set out any consequence for non-compliance. In case the party interrogated omits to answer the interrogatories, rule 11 allows the party interrogating to a..Category: Procedural Law | Date: | Hits: 97
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
.... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ......bsp; June 29, 1999. The Transfer of Property Act, 1882 (of 1882), Section 111 There can not be any cancellation of lease without giving an opportunity to the aggrieved party being heard when the lease has been under registered instrument with delivery of possession&h..Category: Property Law | Date: | Hits: 71
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
.... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ......way by section 32 of the Act. The expression “otherwise than as provided in this Act” used in section 32 brings provision of section 33 within its ambit. Under section 33 of the Act any party to an arbitration agreement can challenge the existence or validity of such agreement or an a..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......ing, order, judgment and decree of Artha Rin Adalat cannot be challenged before any or any other authority. Sub-section (1) of section 6 also provides that against a judgment or decree an aggrieved party may prefer an appeal before the High Court Division within 30 days provided that no appeal sh..Category: Business or Commercial Law | Date: | Hits: 104
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