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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. ......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. ......sponsible for causing death of the victim, it is therefore evident that the appellant could not be convicted for causing death of the victim Hyder Ali. …………(13) Lawyers Involved: Abdul Malek instructed by Aftab Hossain, Advocate-on-Record—For th..Category: Criminal Law | Date: | Hits: 104
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......mber thereof. The petitioner under the rule is not exempted from issuance of such a notice himself being an employee of the Union Parishad……………….(5) Lawyers Involved: Syed Ziaul Karim, Advocate, instructed by Md. Nawab Ali, Advocate-on-Rec..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)
....1) in his deposition that on 14-8-86 the notice was served upon the defendant by registered post, the learned SCC Judge found that the notice had been duly served upon the defendant. Referring to the principles of law laid down by this Division in the case of Abdus Satter vs. Suresh Das 32 DLR (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. ...... Abdus Satter vs. Suresh Das 32 DLR (AD) 170. Haque Brothers Ltd vs. Gulfam Begum in CP No. 314 of 1993(Unreported) , Haque Brother Ltd. vs. Mrs Gulfam Begum CP No. 314 of 1993 (Unreported). Lawyers Involved: Ajmalul Hossain, Advocate instructed Wahidullah, Advocate-on-Record — For ..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....e (ERC) and issued the above mentioned public notification. 4. The Writ Petitioners challenged the cancellation of their Registration Certificate on the grounds that it was violative of the principles of natural justice as no show cause notice was issued to them prior to the cancellation;......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......s Acqua Foods Limited and others……………………………Respondents Judgment December 11th, 1997 Lawyers Involved: Mohammadullah, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Rec..Category: Business or Commercial Law | Date: | Hits: 117
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....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. ......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. ......e respondents to whom he paid rents upto December, 1990, he is debarred from setting up a claim of title in himself to resist the decree for eviction…………(5) Lawyers Involved: SR Pal, Senior Advocate, AFM Mesbahuddin Advocate, with him, instructed ..Category: Property Law | Date: | Hits: 69
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....…………………..(14 & 15) The Penal Code, 1860 (XLV of 1860), section 109 (ii) The appellant Airport Manager is an abettor. An abettor in principle ought not to be awarded a higher punishment than that meted out to the principal offender......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. ......to be reduced to rigorous imprisonment for 7 years and the sentence of fine imposed on him should also be remitted……………………….(16) Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advoca..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......ion before the joint Secretary prior to the date of appearance before the Deputy Commissioner for claiming compensation, the question of abetment under section 12 of the Ordinance is irrelevant. Lawyers Involved: SR Pal, Senior Advocate, instructed by Nawab Ali, Advocate-on-Record—For the..Category: Property Law | Date: | Hits: 89
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....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. ......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. ......he ex parte decree on the ground of non-service of summons on the given circumstance is not tenable in law…………………………..(5) Lawyers Involved: Akram Hossain Amin, Advocate-on-Record —For the Petitioner. ..Category: Property Law | Date: | Hits: 74
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
.... and/or metering unit within the consumer premises for electricity use. In this case, the location for installing such circuit breaker panel and/or metering devices with accessories, shall be, in principle, selected by agreement between the consumer and the Board at the shortest possible dis......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. ......ivision not granting the same met a mistake. Thus, judgment of the trial court granting the relief be restored. ……………………..(17 & 18) Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advoca..Category: Business or Commercial Law | Date: | Hits: 147
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....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. ......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. ......s and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be rejected as prayed for. …………(7) Lawyers Involved: Khan Saifur Rahman, Advocate, instructed by Shamsul Hoque Siddique, Adv..Category: Property Law | Date: | Hits: 52
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. ......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. ...... take note of the aforesaid material evidence in arriving at its findings of facts. Hence there is nothing to interfere in the matter………………(9) Lawyers Involved: Md. Abdur Rahim, Advocate-on-Record—For the Petitioner. Not..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... 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. ...... 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. ......ned property, the rival claimants are to establish the extent of their ownership in due process of law, if not already determined. …………………(9) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, ..Category: Property Law | Date: | Hits: 58
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....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. ......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. ...... merit after taking evidence and without taking into consideration any prima facie finding or observation made in the interlocutory orders……………….(7) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advoc..Category: Intellectual Property Law | Date: | Hits: 242
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......ction 106 of the Transfer of Property Act may be dispensed with. ……………….(6) Case Referred to- Muhammad Islam Khan vs. Cantonment Board, 1982 Supreme Court Monthly Review 1956. Lawyers Involved: SR Pal, Senior Advocate, (B Hossain, Advocate with him), instructed by Sharif..Category: Tenancy Law | Date: | Hits: 78
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......ision will not interfere as the learned Judge of the High Court Division has considered all material aspects of the case justly and upheld the judgment of the trial court………………….(4) Lawyers Involved: Abdul Malek Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record â..Category: Criminal Law | Date: | Hits: 95
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....as justified in holding that the revision was incompetent. 8. Mr. Akram Hossain Amin, learned Advocate-on-Record for the appellant, submits that the High Court Division has misconceived the very principle of law relating to the amendment of the plaint. 9. Order VI rule 17 CPC provides that......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. ......ry of possession in a suit for declaration of title will end all pending controversies between the parties and will not amount to change in the nature and character of the suit…………….(9) Lawyers Involved: Akram Hossain Amin, Advocate-on-Record-For the Appellant. Shamsul Haque S..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ......licated title, without such relief, the suit cannot proceed. The lower appellate court has rightly held that the suit for mere declaration as framed is not maintainable.…………….(8 & 9) Lawyers Involved: Md. Fazlul Karim, Senior Advocate by Md. Nawab Ali, Advocate-on-Record —For t..Category: Property Law | Date: | Hits: 93
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....’s licence. Mr Wahhab next submits that the facts of the case reported in 1996 BLD (AD) 110 being distinguishable from the instant one, the learned Judges misdirected themselves in relying upon the principles of law enunciated therein. 7. It appears that even after curtailment of Amjadhat Union......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others............................Respondents Judgment..Category: Employment/Service Law | Date: | Hits: 137
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......urning Officer in the election petition, though not contemplated under article 50, shall not render the election petition to be dismissed on ground of misjoinder…………………………(11) Lawyers Involved: Fazlur Rahman Khan, Advocate (appeared with the leave of the court) instructed..Category: Election Law | Date: | Hits: 168
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....port dated the 9th August, 1875, of Lieutenant Gordan, Assistant Commissioner, Chittagong Hill Tracts that fitness and age rather than priority of descent regulate succession to the Bohmongship. This principle was followed in the Government of Bengal’s letter No.280, dated 21 January 1876 in which......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. ......ion to have been made without lawful authority, all the more so, because government will also not deny that the susceptibilities of the tribal people should not be ignored………………..(29) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (SM Munir Advocate with him) ..Category: Civil Law | Date: | Hits: 203