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Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)

....by a discretion for the simple reason that a decree-holder should not be deprived of the fruit of obtaining a decree of the suit after a long ordeal at different stages of the suit and on the same principle the word 'may' can not be read as 'shall'. 8. The High Court Division in the instan......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ............Respondents. Judgment March7, 2004 Cases Referred to- Shawkat vs. Bhimeshwari, AIR 1978 SC 528. Aftab Ahmed vs. Moinuddin Zaigirdar and another, 46 DLR 173. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners Nurul Is..

Category: Property Law | Date: | Hits: 34

State Vs. Omar Ahmed, 2008, 37 CLC (AD)

.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tri­bunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tri­bunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......…………………..Appellant Vs. Omar Ahmed……………..Respondent. Judgment December 6, 2007. Lawyers Involved: Salah Uddin Ahmed, Additional At­torney General, instructed by Mvi. Md..

Category: Criminal Law | Date: | Hits: 41

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....ot to the shebait. A shebait being a manager only ceases to be shebait when he ceases to manage the property and carry on the worship of the idol. 9. The High Court Division considering the above principle held that Binode Behari Dutta, after leaving Bangladesh for India, ceased to be the shebai......o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ......Anr................Respondents (In Civil Petition Nos. 95-96 of 2007) Biswajit Dutta (Bulu)................Respondent (In Civil Petition No. 97 of 2007) Judgment October 3, 2007. Hindu Law Shebait Binod Behari Dutta ceased to be a shebait of the deity after leaving Bangladesh fo..

Category: Civil Law | Date: | Hits: 111

Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)

.... The appeal is allowed with the afore­said direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... The appeal is allowed with the afore­said direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......the employees of Biman being public servants only the Government has power to retire them under section 9(2) of the Public Servant (Retirement) Act 1974……….(13 & 20) Lawyers Involved: Rokonuddin Mahmud, Senior Advo­cate, instructed by Mrs. Sufia Khatun,..

Category: Employment/Service Law | Date: | Hits: 79

Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)

....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ...... Amirul Kabir Chowdhury J Alauddin Bhuiyan (Md)......................Petitioner vs State…………………………………………….Respondent Judgment March 22nd, 2007 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md Sajjadul Huq, Advocate..

Category: Anti-Corruption Laws | Date: | Hits: 90

Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

.... rights by way of Muta­tion. Both the matters are dealt with by the Revenue Officers and regarding Mutation matter there is a provision for review to the Revenue Officer. We are of the view that the principle applicable to preparation of record of rights, inasmuch as both relate to preparation, mod......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......kanta Sarkar 44 DLR 533; Nur Ahmed vs Kalimuddin Ahmed 1987 BCR (AD) 152; Chitta Ranjan Das alias Chitta Ranjan Sinha vs Shashi Mohan Das 56 DLR 276 and Abul Hossain (Md) vs State 55 DLR (AD) 125. Lawyers Involved: Subrata Saha, Advocate (appeared with the leave of the Court) instructed by Suf..

Category: Criminal Law | Date: | Hits: 48

Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)

....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......ar Ali vs State 1998 BLD (AD) 43 = 3 BLC (AD) 53; Joygun Bibi vs State 12 DLR (SC) 156; Maqbool Hossain vs State 12 DLR (SC) 217 and Kashmira Singh vs State of Madhya Pradesh 1952 SCR (India) 526. Lawyers Involved: ABM Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-..

Category: Criminal Law | Date: | Hits: 63

Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)

.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... Mia V. Wahab Ali, BCR 1982 AD 87; Jainullah and another Vs. Anu Miah and others, 9 DLR 258, Abdur Rahman V. Baser Ali, 21 DLR 599; Mr. Hossain, Mir Abdul Ali V. Md. Rafiqul Islam, 40 DLR (AD) 75. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-..

Category: Procedural Law | Date: | Hits: 119

Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

.... otherwise any pecuniary interest" contemplates an interest other than an interest in connection with any contract for work to be done, but it re­fers to an interest independent of any contract. The principle of 'ejusdem generis', origin from or belonging to same class, learned counsel con­tends, ......lt, therefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120....... page 170; Australasia Bank Ltd. Vs. Messrs H.S. Mahmood Hassan Akbar and others PLD 1983 Karachi page 431; Thummala Rama Rao and others Vs. Chodagam Venkatesware Rao and others AIR 1963 A.P. 154. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate and Khondker Mahbubuddin Ahmed, Senior Advo..

Category: Election Law | Date: | Hits: 134

Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)

....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ...... the defendant tarnished the image of the cinema hall by supplying bad food to its customers and the plaintiff needed the tenanted premises for the benefit of the company…………..(8 & 11) Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior Advo­cate, instructed by Md. Aftab Hossain..

Category: Property Law | Date: | Hits: 64

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....erefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......erefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ...... person is disqualified for holding office of the Chairman………………..(15 & 17) Cases Referred to — 40 DLR (AD) 10; Sheikh Abdus Sabur Vs. Return­ing Officer, 41 DLR (AD) 30. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advoc..

Category: Election Law | Date: | Hits: 124

Comilla Electric Sup­ply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)

....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......tric Supply Corporation Ltd. V. CIT (West Bengal) (1951) XIX ITR, 406; Liquida­tors of Pursa Ltd. V. Commr. of Income Tax AIR 1954 SC 253; I. T. Comm. V. Ex­press News Paper Ltd. AIR 1956 SC 33. Lawyers Involved: Shaukat Ali Khan, Advocate instructed by A. Baset Majumder, Advocate-on-Recordâ..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)

....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......t and that concludes the matter………………(15 & 16) Cases Referred to— Seth Manakchand, AIR 1944 Privy Council 46; AIR 1924 Madras 102; AIR 1931 Madras 650; AIR 1940 Madras 29. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-o..

Category: Civil Law | Date: | Hits: 113

Abdul Mannan Taluk­der Vs. BD House Buil­ding Finance Corpora­tion and another, 1989, 18 CLC (AD)

....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......V. Minister of Pensions and Na­tional Insurance, 1968 (1) All. E. R. 433 (439-440); Wilkinson Vs. Bank­ing Corporation (1948) 1 K.B. 721 (224); Md. Mafizuddin Vs. Ab­dul Hakim, 33 DLR (AD) 305. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-o..

Category: Labour and Industrial Law | Date: | Hits: 111

Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)

.... this convic­tion cannot be sustained. In the result, the appeal is allowed. The or­der of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ...... this convic­tion cannot be sustained. In the result, the appeal is allowed. The or­der of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......ing the order into evidence simply a statement in the charge sheet that some sort of sanction was received it can not be said that the alleged sanction order is valid and proper and it is enough. Lawyers Involved: Md. Joynal Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Reco..

Category: Anti-Corruption Laws | Date: | Hits: 125

Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)

.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......ion to dispose of the application of the respondent who missed the bus due to ……………….and it is well known delay not only defeats justice but in some cases it defeats rights also. Lawyers Involved: S.S. Haldar, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-..

Category: Election Law | Date: | Hits: 112

Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)

.... ac­quisition by the Government under section 4(1) of the Land Acquisition Act, 1894. Provisions of the said Act and the Act under which the present proceed­ing has been taken are different and the principles laid down in interpretating section 4(1) of the Land Acquisition Act are not applicable e......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......IR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Council 46; Abdul Gafur Khan Vs. Gov­ernment of Bangladesh, 1984 BLD (AD) 283. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Adv..

Category: Property Law | Date: | Hits: 38

Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)

....r giving complete relief to the appellant she could not invoke the writ jurisdiction without exhausting the remedy provided for in the Ordinance, generally speaking is well in accord with the settled principle governing exercise of discretionary jurisdiction under Article 102 of he Constitution. Eve......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......n when court of Settlement was not constituted High Court Division was not justified to decline jurisdiction after three years on the ground of alternative remedy……………………..(11-14) Lawyers Involved: H. R. Sharif, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— ..

Category: Property Law | Date: | Hits: 54

Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)

....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ...... case is made out for injunction far less a question of mandatory injunction. The obligation referred to in this section means a legal obligation and not a moral obligation………………..(7) Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advo­cate (Mahbubey Alam, Advocate with him..

Category: Property Law | Date: | Hits: 30

Ziaul Huq and ors. Vs. Messers Business Re­sources Ltd. & ors., 1989, 18 CLC (AD)

....e, what corresponds to the stage of final disposal in an ordinary litiga­tion is only a stage in the proceedings. There is no formal, declared termination of the proceed­ings." 15. The directive principles of the State says the State shall adopt effective measures for the pur­pose of; (b) rela......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dis­missed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ...... takes preventive, remedial and curative measures. Prayer for injunction was rightly rejected……………….(16) Cases Referred to- AIR 1988 (SC) 2211; AIR 1987 (SC) 359; AIR 1988 IIP 4. Lawyers Involved: Dr. Kamal Hossain, Senior Counsel, instructed by Miah Abdul Gafur, Advocate-on-..

Category: Civil Law | Date: | Hits: 130