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Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......fence which occasions the exercise of the right is an assault which may reasonably cause the apprehension of either death or grievous hurt. The evidence in the case must be such that the informant party was carrying on or was about to carry on an assault of such nature. Carriage of weapons by th..Category: Criminal Law | Date: | Hits: 96
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......uding the appellant forming an unlawful assembly entered into the paddy field armed with dangerous weapons. Accused Hafizur Rahman had a gun in his hand who passed an order to finish the informant party. At once accused-appellant Altaf with an axe in his hand dealt a blow on the left armpit of H..Category: Criminal Law | Date: | Hits: 104
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... record held that the defendant violated Clause No. 4 of the tenancy agreement dated 14-4-85 in changing the nature and character of the suit shop room and inducting therein one Anwar Hossain a third party by way of sub-letting without the consent of the plaintiff but the High Court Division erred i..Category: Tenancy Law | Date: | Hits: 93
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....rently found that the cable upto the delivery point in the factory premises is owned by Power Development Board, shortly PDB, and it is the responsibility of the PDB to repair the line and restore defect. Both the courts below on a scrutiny of the evidence found nothing in support of the allegat......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 147
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ......arked Exhibit-2 series. But those were not taken into consideration upon an erroneous assumption that the same were never filed, although record shows that the said exhibits were taken back by the party. PW 4 prayed for execution and registration of the patta whereas his evidence was misread and..Category: Property Law | Date: | Hits: 49
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ...... Judgment November 17, 1997. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for the purpose of determining th..Category: Property Law | Date: | Hits: 83
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......le of days and accordingly Chiefship was given to the last 14th Chief on the ground of seniority. Respondent No. 1 is a time-server who originally belonged to the Awami League, thereafter changed the party affiliation and joined BNP and contested the 1991 General Election as a BNP candidate. Finally..Category: Civil Law | Date: | Hits: 203
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......e question. Courts in all these cases, seem reluctant to give automatic effect to the rules of Hizanat enunciated by Islamic jurists. If circumstances existed which justified the deprivation of a party of the custody of his child to whose custody he was entitled under Muslim Law, courts did no..Category: Family Law | Date: | Hits: 250
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......ation invokes the departed soul of the ancestors and makes offerings to them to get their blessings. 12. In the evening when the bridegroom wines in a procession to the bride’s place he and his party are received with great hospitality. The celebration of the marriage then starts with a ceremo..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......nts have also filed Civil Petition for leave to Appeal from the said judgment and order. All the appeals and civil petitions for leave to appeal, together with three applications filed by three third party petitioners for being added as parties to the three appeals, have been heard together and will..Category: Constitutional Law | Date: | Hits: 185
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ...... High Court Division, of course, did not put any reliance on the evidence of the two eye-witnesses PW 4 Nurul Islam and PW 7 Shamsuddin Sikder as they appeared to him to be related to the prosecution party by village courtesy. 6. Mr. Shaukat Ali Khan, learned Advocate appearing for the accused p..Category: Procedural Law | Date: | Hits: 157
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ...... of Civil Procedure, 1908 (V of 1908) Order XXXVIII rules 5-10 The main consideration is that the power of attachment of property before judgment being an extraordinary power of interfering with a party’s right to use and enjoy its own property before any decree is passed, the Court should be v..Category: Procedural Law | Date: | Hits: 134
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......ve in the subject matter. If no case for appellate interference is made out the Appellate Division will not interfere with such interlocutory orders just because there is an urgency. If the aggrieved party’s case primarily on the basis that there is an urgency interfere then a forum is already pro..Category: Procedural Law | Date: | Hits: 138
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......n petition.” 10. In the case of Zulfiquar Ali Bhutto vs. Bangladesh and others 41 DLR 379 it was held: “In the instant case by the amendment petition opposite party No. 4 introduced fresh facts and prayer for different relief long after 30 days of the publica..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....it was not filed by the present respondents but was filed by the present plaintiffs and it is well settled that the plaintiffs are to prove their own case adducing evidence, they cannot bank upon the defects, if any, in the defence version of the case, In the previous suit the plaintiff failed to pr......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......ation is dependent upon consideration of answers given by prosecution witnesses in their cross-examination. Normally in examination-in-chief the prosecution witness speaks which are favourable to the party examining him without disclosing the necessary facts which are in favour of the other side. Bu..Category: Criminal Law | Date: | Hits: 108
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......ory provision may waive it, and allow the contract or transaction to proceed as though the stipulation or provision did not exist. Waiver of this kind depends upon consent and the fact that the other party has acted upon it is sufficient consideration. Where the waiver is not express, it may be..Category: Administrative Law | Date: | Hits: 130
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......bsp; 9. It is true that the authority that has the power to do a thing has also the power to undo the same provided in the meantime no right is accrued in favour of the party going to be affected by such cancellation. 10. We have earlier indicated that it is und..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....ocate further submits that concurrent findings of fact as possession of the plaintiff for more than 12 years has been wrongly set aside in second appeal which does not suffer from any illegality or defect in procedure. 5. On perusal of the judgment of the trial Court it appears that the tr......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ......bmitted his report accordingly. The defendant Md. Safiullah did not take any step against the judgment passed by the appellate court against him in the higher forum. So the judgment in which he was a party is very much binding upon him and the decree still stands valid. It may be stated here that in..Category: Property Law | Date: | Hits: 175
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