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Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....ciples enunciated therein are equally applicable in a proceeding under section 286 also. 11. Unaided by the Bar a decision. Bishakha Gupta vs. Bepin Behari PLD 1957 Dhaka 548, by a Division Bench has come to our notice which may be said to support the view of Mr. Pal. It was an appeal ari...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..Category: Property Law | Date: | Hits: 67
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... Latifur Rahman J : This appeal by leave at the instance of the defendant is directed against the judgment and order of a Division Bench of the High Court Division passed on 4.9.94 in First Miscellaneous Appeal No.95 of 1993 allow...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..Category: Property Law | Date: | Hits: 68
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Criminal Appeal No.28 of 1990). Judgment Latifur Rahman J.- This appeal at the instance of two accused appellants is directed against the judgment and order dated 25.1.93 passed by a Division Bench of the High Court Division in Criminal Appeal No.28 of 1990 dismissing the appeal, thereby con......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..Category: Criminal Law | Date: | Hits: 49
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....e in connection with the claim of the insured was in those days to be determined by the Court in an 'action' brought upon the policy at the suit of the insured. The action is brought in the Queen's Bench Division of the High Court of Justice, or in the Country Court, according to the amount of t......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....facts of the two cases are different and they arise out of two different proceedings. 3. Civil Appeal No‑80 Of 1993 is from judgment and order dated 29 July, 1993 passed by a Division Bench of the High Court Division discharging the Rule in Writ Petition No. 688 of 1989. Appellant ......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
.... Mustafa Kamal J- This appeal by leave by the respondent‑ Bangladesh Parjatan Corporation is from the judgment and order dated 22.10.91 passed by a Division Bench of the High Court Division in Writ Petition No. 128 of 1987 making the Rule Nisi absolute. ......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
.... ATM Afzal J- This petition is from judgment and order dated 4.1.1993 passed by a Division Bench of the High Court Division in Writ Petition No. 1143 of 1991 making the Rule absolute and de....... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ..Category: Employment/Service Law | Date: | Hits: 101
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....989. 8. Being aggrieved by the acceptance of the supplementary charge‑sheet the respondents filed an application under section 561A of the Code of Criminal Procedure before the Sylhet Bench of the High Court Division, Criminal Revision No. 61 of 1989, for quashing of the proceeding ......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....‑on‑Record ‑ For the Respondent No. 1. Not Represented ‑ For the Respondent Nos.2-4. Civil Appeal No. 57 of 1993. (From the Judgment and Order dated 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of 1993). Judgment ATM Afzal J.- Th...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....The petitioner then filed an application under section 561A of the Code of Criminal Procedure, Criminal Misc. Case No. 904 of 1994, for quashing the order of conviction and sentence and a Division Bench of the High Court Division by the impugned order dated 19 May, 1994 rejected the said applica......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ..Category: Criminal Law | Date: | Hits: 74
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....dgment Mustafa Kamal J.- This appeal by leave by the plaintiff's successor is from the Judgment and order dated 16.11.88 passed by a learned Single Judge of the High Court Division, Jessore Bench in Civil Revision No. 1809 of 1981, affirming the judgment and decree dated 16.6.81 passed by ......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... Mustafa Kamal J: This appeal by leave is from the judgment and order dated November 22, 1993 passed by a Division Bench of the High Court Division summarily rejecting the appellants' Writ Petition No.1997 of 1993....... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
....bsp; ATM Afzal J- This petition by the State is from judgment and order dated 28 August, 1994 passed by a Division Bench of the High Court Division in Criminal Misc. Case No.1402 of 1994 enlarging the accused‑......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....t not to have been any interference in the matter. ATM Afzal J.- This appeal by leave by an unsuccessful writ‑petitioner is from judgment and order dated 13 February, 1992 passed by a Division Bench of the High Court Division discharging the Rule in Writ Petition No. 1539 of 1991. 10. The......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....r under Article 3 10(l) is not subject to Article 309 and cannot therefore be fettered or impaired by Rules made under Article 309. 7. After a review of relevant authorities, a Constitution Bench of the Indian Supreme Court held in LR Khurana vs. Union of India. AIR 1971 (SC) 2111 that a......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....h Court Division in Civil Revision No. 1350 of 1993). Judgment Mustafa Kamal J.- This appeal by leave of the plaintiff appellant is from the judgment and order dated 9-6-94 passed by a Division Bench of the High Court Division in Civil Revision No.1350 of 1993 making the Rule absolute and sett......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ted the nomination paper of respondent No. 3. Being aggrieved thereby the petitioner filed writ petition No. 1732 of 1996 challenging the said acceptant by judgment and order dated 19-5-96 a Division Bench of the High Court Division summarily rejected the writ petition. 2. The petitioner now seek......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..Category: Election Law | Date: | Hits: 133
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....71 of 1989 with Criminal Revision No, 490 of 1990). Judgment Mustafa Kamal J: This appeal by leave by the complainant-appellant is from the judgment and order dated 4-5-92 passed by a Division Bench of the High Court Division making the Rules absolute in Criminal Revision Nos. 371 of 1989 and......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....ecreed in favour of the plaintiff. 6. Being aggrieved the defendant preferred a revisional application under section 25 of the Small Cause Court Act being Civil Revision No. 295 of 1985 in Rangpur Bench which was eventually renumbered as Civil Revision No. 6930 of 1991 (Dhaka) and heard by a lear......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
....sp; Bimalendu Bikash Roy Choudhury J.- This appeal by leave is by the defendant, Bangladesh Shipping Corporation, briefly BSC, from the judgment and order dated April 7, 1993 passed by a Division Bench of the High Court Division in Civil Revision No.1380 of 1991 discharging the Rule and thereby...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ..Category: Employment/Service Law | Date: | Hits: 77
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