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Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
.... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ..Category: Criminal Law | Date: | Hits: 63
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..Category: Criminal Law | Date: | Hits: 77
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......ikash Roy Choudhury J: This petition is by the defendants for leave to appeal from the order dated 26 January 1997 passed by a Division Bench of the High Court Division rejecting an application for review of its judgment and order dated 13 November 1996 in Civil Revision No. 1993 of 1996. ..Category: Property Law | Date: | Hits: 71
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......gment Md. Abdur Rouf J.- This petition for leave, by the defendants, is from the judgment and Order dated 18.2.92 passed by a Single Bench of the High Court Division rejecting the application for reviewing its Judgment and Order dated 12.11.91 passed in Civil Revision No. 1136 of 1990 dischargin..Category: Property Law | Date: | Hits: 63
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ..Category: Criminal Law | Date: | Hits: 98
Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)
....mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ...... August 25, 1994 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 111 of 1993). Judgment: ATM Afzal CJ: This is a petition for review of the order passed on 25 August, 1994 dismissing CPLA. No. 111 of 1993 filed by the petitio..Category: Administrative Law | Date: | Hits: 112
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......tention. Reliance was placed upon the case of Habiba Mahmud vs. Bangladesh and others, 45 DLR (AD) 89. The Rule Nisi was discharged on 4-4-95. 5. The writ petitioner filed an application for review of the said judgment dated 4-4-95 in which it was stated that the detenu was falsely implica..Category: Criminal Law | Date: | Hits: 99
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....er itself defeats justice. Ends of justice can never be the caprice or sweet will of a court. The court must proceed on sound principles. Benjamin Cardozo’s famous words in The Nature of the Judicial Process, Yale University Press, 1921, are apt in this connection which runs as follows: ......he hajira on her behalf. Thereafter on 1-3-93 the court fixed 10-3-93 for hearing arguments and on that day defendant No. 1 filed an application under section 151 of the Code of Civil Procedure for review of the order dated 1-3-93 fixing a date of hearing of the argument and for permitting the le..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....nt No. 1. Both the trial Court and the appellate Court were therefore called upon to determine whether the transactions were benami or not. The law of benami transaction has long been settled. The Judicial Committee of the Privy Council in Gopeekrist Gossain vs. Gungapershad Gossain (1854) 6 MM 5...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ...... with section 95A of the State Acquisition and Tenancy Act which was dismissed. The appeals filed by the unsuccessful respondents were allowed by the Additional Deputy Commissioner, Bakerganj. Upon review at the instance of the petitioners the said orders were set aside. Respondent Nos. 1 and 2 t..Category: Property Law | Date: | Hits: 72
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ..Category: Family Law | Date: | Hits: 144
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....f legal proceeding, inter alia, means in English Law where actions are brought to an end without any decision being arrived at on account of the cause of action ceasing to exist (Vide Aiyar’s Judicial Dictionary, 9th Ed. 1984, p.3). Abatement which ensued following proclamation of Martial ......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ..Category: Procedural Law | Date: | Hits: 122
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......ch was given to him on account of traveling expenses. Thereafter, by the above mentioned Memo he was further directed to deposit the rest of the money in Bangladesh Bank. He was unsuccessful in the review preferred to the President. Thereafter he filed the above mentioned case in the Administrat..Category: Administrative Law | Date: | Hits: 149
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......wyers possessed of pertinent, bonafide and well-recognised attributes and purposes in the area of environment and having a provable, sincere, dedicated and established status is asking for a judicial review of certain activities under a flood action plan undertaken with foreign assistance on the gro..Category: Constitutional Law | Date: | Hits: 450
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......onstitution of Bangladesh, 1972, Article 65(1) Articles 27 & 31 All the defaulting borrowers of Krishi Bank are entitled to equal protection of law provided by the Act by way of appeal, review and revision as contained in sections 51, 52 and 54 of the said Act and as such the learned ..Category: Business or Commercial Law | Date: | Hits: 150