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Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....rdinate Judge. 7. Mr. Awlad Ali, learned Advocate entering caveat for the respondents, denied the allegations made by the petitioner and submitted that the petitioner did not make any prayer for amendment of the plaint as suggested in the impugned judgment. 8. It is diff...... Ansarul Huque, Petitioner in person. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondents. Criminal Petition for Leave to Appeal No. 94 of 1995. (From the judgment and order dated May 2, 1995 pa......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ..Category: Criminal Law | Date: | Hits: 93
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....). Judgment: ATM Afzal CJ: The plaintiff-petitioner’s prayer for temporary injunction was rejected concurrently by the Courts below and the High Court Di...... Md Fazlul Karim, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented—Respondents. Civil Petition for leave Appeal No. 209 of 1997. (From the judgment and order dated November 27, 199......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ..Category: Property Law | Date: | Hits: 64
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
....n is rejected as being not pressed.” 7. Later on the unsigned order was recalled. There is in fact nothing on record to show whether the unsigned order was recalled suo motu or on the prayer of the learned Advocate for respondent No.1. No reason was assigned to recall the unsigned o......474 of 1996 on 20-8-96 setting aside the order dated 30-6-96 passed by the Additional District Judge, First Court, Brahmanbaria in Election Tribunal Appeal No. 5 of 1993 dismissing the said appeal for default which arose from the judgment and order of Election Tribunal Case No. 13 of 1992 of the...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ..Category: Others | Date: | Hits: 87
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....tain lien to the posts of preventive officers in case they are not granted retrospective seniority as prayed for, but the Appellate Tribunal having not found any law or decision in support of this prayer rejected the same. The Appellate Tribunal held that the seniority of the appellants have not......ng the appeal and upholding the judgment and order dated 12-9-91 passed by the Administrative Tribunal, Dhaka in AT Case No. 77 of 1990. 2. The present appellants in the said AT Case asked for a declaration that the gradation list of the Appraisers published by the Collector of Customs C......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ..Category: Administrative Law | Date: | Hits: 160
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....now of the said decision by a Memo. dated 12-11-86 from the Commissioner of Taxes, Dhaka (East Zone). The appellant thereafter filed the instant petition before the Administrative Tribunal with a prayer for a direction to reckon the period from 29-9-70 for the purpose of counting his seniority,......ber 8th, 1996. Cases Referred to- Chairman, T&T Board vs. Mostafizur Rahman (Civil Appeal Nos. 158 and 159 of 1979) and AFM Badiur Rahman vs. Shamsuzzaman and ors. (Civil petition for Leave to Appeal No 255 of 1991). Lawyers Involved: Abdur Rab Choudhury, Advocate ......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....ncelled and withdrawn. 5. On 28-11-96 the respondent who is an aged and sick woman and subjected to aforesaid barbaric treatment, prayed for bail in the Court of C.M.M Dhaka which was refused. The prayer for bail having also been refused by the Additional Sessions Judge, Dhaka the respondent move......ructed by Sharifuddin Chaklader, Advocate-on Record—For the Petitioner. Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-—For the Respondent. Criminal Petition for Leave to Appeal No. 36 of 1997. (From the judgment and order dated 23rd March, 1997 passed b......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..Category: Criminal Law | Date: | Hits: 115
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....dure, Criminal Revision No. 2399 of 1991(D), for quashing the proceedings of the Sessions Case taking the ground that the revival of the case was illegal inasmuch as the Government did not make any prayer for revival as required under section 339D. 3. The petitioners were not present in t......t Division, Dhaka in Criminal Revision No. 2399 of 1991 (Dhaka)1278 of 1988 (Rajshahi). Judgment: ATM Afzal CJ: The petitioners are some of the accused facing trial for an offence of murder in Sessions Case No. 11 of 1987 in the Court of the Session Judge, Thakurg......o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ..Category: Criminal Law | Date: | Hits: 74
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....and he submitted an application on 20-12-86 to the Chairman, Board of Directors of the Bank, respondent No.1 for arrear pay and other financial benefits where after he was informed on 7-9-89 that his prayer had been rejected by the Board. The appellant then filed case No. 27 of 1989 on 29-1-89 befor......rative Tribunal, Dhaka in Administrative Tribunal Case No. 27 of 1989, dismissing the appellant’s application under section 4(2) of the Administrative Tribunal Act, 1980 (Act No. VII of 1981), henceforth the said Act. 2. The appellant, a Manager in the Audit Division of the Head Office, Agrani ......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ..Category: Administrative Law | Date: | Hits: 131
Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)
....tive Tribunal whereupon he took an appeal and the Appellate Tribunal substituted the order of dismissal with an order of compulsory retirement with all benefits as per rules. The petitioner’s prayer for leave to appeal from the appellate order also proved unsuccessful and now this petition ......;………….Respondent Judgment April 8th, 1996 Lawyers Involved: Nurul Huq, Senior Advocate, instructed by ANM Manzurul Hassan, Advocates-on-Record for the Petitioner. Not represented—Respondent. Civil Review Petition No. 19 of ......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 ......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 ..Category: Administrative Law | Date: | Hits: 112
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....ut and take away forcibly the paddy and jute grown by the plaintiffs in the suit land and they having come to know on 15-6-86 of such conspiracy of the defendants brought the aforesaid suit with a prayer for injunction. 3. Defendant-respondent No. 1-8 contested the suit by filing written ......of 1986 and setting aside the judgment and decree dated August 3, 1986 passed by the learned Munsif, Gangni decreeing. Title Suit No. 117 of 1985. 2. The plaintiff-appellants instituted the aforesaid suit for declaration of their title to and confirmation of possession in the suit land on ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....fendant thus obtained the said kabala under fraud and misrepresentation. 3. On these averments the plaintiffs brought the aforementioned suit for a simple declaration. The English rendering of the prayer is as follows: “The Kabala executed by the plaintiffs in favour of the defendant on 31 M...... and the defendant was a monthly tenant under them in respect of the eastern half thereof. The plaintiffs wanted to, sell the said portion of the holding and the defendant agreed to purchase the same for Taka 20,000.00. It was agreed between the parties that the plaintiffs would execute the kabala b...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... filed an application on 12-7-95 for extension of his service. Respondent Na. 3, the Deputy Commissioner, Dhaka, Ex-officio Chairman of the Managing Committee of the school on 30.7-95 turned down the prayer for extension of service of the petitioner. Thereafter, respondent No. 6 by his office memo d....... on-Record — For the Petitioner. Syed Badrul Alam, Advocate instructed by Md. Nawab Ali, Advocate-on-Record— For Respondent No. 8. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 606 of 1996 (From the judgment and order dated 2-8-96 passed by the High ...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..Category: Constitutional Law | Date: | Hits: 163
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....ring of the argument and for permitting the learned Advocate of the defendant to cross-examine PW 2 and PW 3 on a date to be fixed by the Court. The court under the order dated 10-3-93 accepted the prayer of defendant No. 1 for modifying the order dated 1-3-93 and permitted the learned Advocate ......nd measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 years on payment of Taka 9306.00 as salami. Ayesha Bibi was his full sister. Th......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....nd dismissed the suit finding that the plaintiff failed to establish that the purchases in respect of the Suit lands were benami and that he had possession therein. He further found that without a prayer for khas possession the suit was barred under section 42 of the Specific Relief Act. In arri......ed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2...... 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 ...... 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
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....vidence of the plaintiffs and the defendants the gift of 0.08 acres of land to defendant No. 3 has been proved. As such in a suit for simple partition the plaintiffs cannot succeed without a prayer for declaration of title in the suit property when the title of the plaintiffs to the suit p......der dated 15-2-86, affirmed by the judgment and orders dated 24-8-89 passed by the Additional District Judge, Kushtia in Tide Appeal No. 58 of 1986. 2. Plaintiff-respondents filed the aforesaid suit for partition claiming 12 annas 10 ½ paisa share in the Suit property stating,......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....of 1997) Judgment: ATM Afzal CJ: This petition is from an order dated 5 January, 1997 passed by a Division Bench of the High Court Division refusing the prayer for ad-interim injunction while issuing Rule in Writ Petition No. 182 of 1997 filed by the p...... Petitioner. Abdus Samad, Advocate, instructed by Md, Nawab Ali, Advocate on Record — For the Respondent No. 6. Not represented— Respondent Nos. 1-5. Civil Petition for Leave Appeal No. 49 of 1997. (From the judgment and order dated January 5, 1997 p......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ..Category: Constitutional Law | Date: | Hits: 149
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....; 1676 of 1990, before the High Court Division and obtained a Rule but there was no order of stay of the execution proceeding; even then the execution case was stayed by the executing Court. On the prayer of the appellant, however, the stay of the execution case was vacated whereupon the appella......From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No. 1366 of 1992). Judgment: ATM Afzal CJ: The main question raised for decision in this plaintiffs appeal by leave is whether a family court has power under sub-secti...... 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
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... 3. After Investigation Police submitted charge sheet on 4-4-95 against 22 accused persons including the petitioner under sections 147/l48/448/149/324/302/114 of the Penal Code. Thereafter, on the prayer of a co-accused Farooque Talukder the was transferred to the CID for further investigation ......e (appeared with the leave of the Court), instructed by Md. Nawab Ali, Advocate-On- Record —For Respondent No. 1 Respondent Nos. 2-8-Not represented. Civil Petition for Leave to Appeal No, 345 of 1996 (From the Judgment and order dated 30-6-96 passed ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ..Category: Criminal Law | Date: | Hits: 78
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
....al Court issued a notice for showing cause within 3 days as to why the temporary injunction as prayed for would not be granted. On 24-4-95 defendant No. 2 filed written objection against the prayer for temporary injunction. On 29-4-95 the plaintiff filed an application for mandatory injunc......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J. Abul Ahsan, former President of the Chamber of Commerce and Industry, Pabna …………&he...... 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)
....assed on August 3 1995 by the Administrative Appellate Tribunal in Misc. Appeal No, 3 of 1995 by the Administrative Tribunal Dhaka in AT Case No. 310 of 1994 rejecting the petitioner’s prayer to stay operation of memo No. ERD/ Ba-5 (153) Misc. 34 dated 28.9.94 pending disposal...... Lawyers Involved: Md. Awlad Ali Senior Advocate, instructed Md. Sajjadul Huq, Advocate-on Record—For the Petitioner. Respondents—Not represented. Civil Petition for Leave to Appeal No. 509 of 1995. Judgment: Md......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 ......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 ..Category: Administrative Law | Date: | Hits: 149
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