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Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....e each. Another accused Abdus Samad was convicted under section 323 of the Penal Code and sentenced to suffer RI for 1 month more by the learned Sessions Judge, Gaibandha by his judgment and order dated 18-7-88 in Sessions Case No.4 of 1988. On appeal, Criminal Appeal No. 651 of 1989 a Division......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. ..Category: Criminal Law | Date: | Hits: 96
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....s occupation. She refused to pay the same and made a counter claim of Taka 14,72,000.00 on account the rent of and damage to the house, The Cantonment Board, by Memo No. Dha ca. Bo./Ca:Aa:A/16/290 dated 21 September, 1992, ultimately refused to mutate her name in respect the house as required b......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..Category: Property Law | Date: | Hits: 74
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....s Ruma, Sultan and Keru and another co-accused Abdul Kader were convicted under sections 148/302/149 of the Penal Code by the 3rd Court of Additional Sessions Judge, Dhaka by his judgment and order dated 31-7-93 in Sessions case No. 314 of 1992 and were sentenced to suffer rigorous imprisonment ......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. ..Category: Criminal Law | Date: | Hits: 104
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....ed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not Represented —the Respondents. Criminal Petition for Leave to Appeal No. 27 of 1995. (From the judgment and order dated 16-8-94 passed by the High Court Division in Criminal Miscellaneous Case No. 464 of 1994 ) ...... the said Code. Special Bench having found that there are several matters in the six books which contain matters referred to in sub-section (1) of section 99A there is no ground to interfere with its decision. Case Referred to- The Working Muslim Mission & Literary Trust, Lahore vs. The C..Category: Others | Date: | Hits: 122
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
.... Advocate-on-Record—For the Petitioner. Not represented— The Respondents. Civil Petition for Leave to Appeal No. 902 of 1997. (From the judgment and order dated July 9, 1997 passed by the High Court Division, Dhaka in Civil Revision No.1178 of 1998).&nbs......ondly, it was argued that the plaintiff not having prayed for any consequential relief in the suit same was hit by section 42 of the Specific Relief Act. In support of both the contentions, several decisions were cited by the defendant. The learned Judge accepted both the contentions and, as alre..Category: Employment/Service Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....n-Record — For the Appellant. MA Haider, instructed by Md. Nawab Ali Advocate-on-Record—For the Respondents. Civil Appeal No. 22 of 1996. (From the judgment and order dated December 12, 1994 passed by the High Court Division in Civil revision No. 2170 of 1990.) ......ther (i) in view of the postal peon’s evidence that the notice under section 106 of the Transfer of Property Act had been duly serve, the High Court Division erred in law in holding contrary to the decision of this Division in the unreported case of Haque Brothers Ltd. vs. Gulfam Begum in CP No. 3..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....itions) Not represented — Respondent Nos. 3-6 (In both the Petitions). Civil Petition for Leave to Appeal Nos. 606 and 614 of 1997. (From the judgment and order dated 24 February 1997 passed by the High Court Division in Writ Petition No. 2822 of 1996). ......as violative of the principles of natural justice as no show cause notice was issued to them prior to the cancellation; that the Controller of Imports and Exports had not exercised his independent decision but had acted upon the direction of the Government and that the Controller of Imports and ..Category: Business or Commercial Law | Date: | Hits: 117
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....; Judgment Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal is from an order dated 7 March 1996 of a Single Judge of the High Court Division summarily rejecting a revisional a......ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ..Category: Property Law | Date: | Hits: 69
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....d separate appeals against the aforesaid order of conviction and sentence and a Division Bench of the High Court Division hearing the three Criminal appeals together by a common judgment and order dated 11th and 12th January 1995 upheld the conviction of appellants Bernhard Rudigar and David Ant......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....equisition of Immovable Property Ordinance, 1982 (II of 1982), Section 12 Payment of compensation was stalled due to raising of objection on an application before the joint Secretary prior to the date of appearance before the Deputy Commissioner for claiming compensation, the question of abetmen......the Writ petition declaring “That the acquisition proceedings stand abated” on the ground that the compensation money was not deposited within the required period, calculated from the date of the decision to acquire the said land under proviso to section 4(3) of the said Ordinance as per the pro..Category: Property Law | Date: | Hits: 89
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....o are heirs of proforma defendant No. 7 Jaripuddin challenge the judgment and order passed by the High Court Division in First Miscellaneous Appeal No. 379 of 1990, affirming the judgment and order dated 3-9-90 passed by the Subordinate Judge, Rangpur in Miscellaneous Case No. 39 of 1990 dismiss......in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ..Category: Property Law | Date: | Hits: 74
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....k rate on monthly rest till realisation to the extent that the suit was decreed without costs for Taka 1,29,34,662.40 with interest at the rate of 5% above bank rate on monthly rest from the date of signing of the decree by the High Court Division till realisation. 2. The plaintiff......t they presumed the damage to be 55% of the total stock to which the appellant disagreed and the appellant’s note of dissent was recorded in the minute and the surveyors suggested that final decision on this question would be taken after a discussion between the insurer, the insured and th..Category: Business or Commercial Law | Date: | Hits: 147
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he High Court Division observed: “We have also gone through the certified copy of the plaint and it appears that in para 15 of the plaint, the plaintiff has shown several dates of causes of action of the present suit and the last one being dated 6-8-90. The objection......he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ..Category: Property Law | Date: | Hits: 52
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....ng two separate leave petitions. 2. The pre-emptor’s case, in short, is that, she became the owner and co-sharer of the land of SA Khatian No. 179 of Plot No. 991 by two Kabala deeds dated 12-2-58 and 1-6-76. One Shekhar Chandra Banarjee, a co-sharer of the case holding, sold out ......led two Civil Revision Cases, being Civil Revision Nos. 1255 and 1256 of 1993 before the High Court Division and a learned Single Judge of the High Court Division by a common judgment affirmed the decision of the Subordinate Judge and discharged the Rules. Pre-emptor petitioner is now seeking le..Category: Property Law | Date: | Hits: 51
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
.... Md. Abdur Rahim, Advocate-on-Record—For the Petitioner. Not Represented-the Respondent. Civil Petition for Leave to Appeal No. 261 of 1992. (From the judgment dated 23 January, 1992 of the High Court Division in Second Appeal No. 534 of 1978.) Judgmen......xplanation for non-production of the original and that there was a total absence of any rent receipts from the side of the plaintiff. The learned Additional District Judge accordingly reversed the decision of the trial Court, by judgment and decree dated 6 April, 1978. 6. Being agg..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
....ition for leave to appeal by the writ petitioner-Government, which is barred by 32 days and the delay in filing which is condoned because of the explanation offered, is from the judgment and order dated 17-7-95 passed by a Division Bench of the High Court Division in Writ Petition No. 1436 of 19...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..Category: Property Law | Date: | Hits: 58
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....; or any other trade mark nearer or resembling the trade mark of the plaintiff- respondent which is “ORSALINE” till disposal of the suit. 2. Against the said judgment and order dated 14-11-95 the defendant-petitioners preferred FMA No.24 of 1996 and a learned Single Judge of ......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ..Category: Intellectual Property Law | Date: | Hits: 242
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
.... Md Nurul Huq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record — For the Respondents. Civil petition for Leave to Appeal No. 581 of 1995. (From the judgment and order dated 20-8-95 passed by the High Court Division in Civil Revision No. 409 of 1992). Judgment ......e to interfere with the said finding of fact as the same is based on evidence and there is no perversity or illegality in affirming such finding of fact. The learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 78
Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)
....2), 9 & 13(b) The Oath of Office (Union Parishads) Rules, 1983, Rule 2 The failure of the Chairman and the Members to take oath will be inferred only when the Deputy Commissioner fixes a date of taking oath within 30 days of Gazette Notification of the result and the Chairman or Members......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ..Category: Election Law | Date: | Hits: 110
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....kram Hossain Amin, Advocate-on-Record-For the Appellant. Shamsul Haque Siddique, Advocate-on-Record— For Respondent Nos. 1 and 2. Civil Appeal No. 55 of 1997. (From judgment and order dated 18-7-94 passed by a Single Bench High Court Division in Civil Revision No. 133 of 1990 (Rangpu......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. ..Category: Property Law | Date: | Hits: 83
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