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Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....nbsp; ATM Afzal CJ.- All these 40 petitions, at the instance of the Collector of Customs and others, arise out of a common judgment and order dated 13 April, 1994 passed by a Division Bench of the High Court Division making the Rules absolute in the respective writ-petitions filed b...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)
....30 of 1995. Judgment: Mustafa Kamal J: This petition for leave to appeal by the plaintiff-petitioner from the judgment and order of a Division Bench of the High Court Division dated 13-11-95 passed in FMA No.209 of 1995 had lost its force. ......cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ..Category: Property Law | Date: | Hits: 65
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....ound that the petitioner had no locus standi to file the revocation case. Against that judgment and order the petitioner preferred First Appeal No. 40 of 1977 and the sane was dismissed by a Division Bench of the High Court Division on 29-3-1993. Petitioner is now seeking leave to appeal from the im......sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ..Category: Others | Date: | Hits: 99
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....of the report): “To permit a review on the ground of incorrectness would amount to granting the Court the jurisdiction to hear appeals against its own judgments or perhaps a jurisdiction to one Bench of the Court to hear appeals against other Benches; and that surely is not the scope of review......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178...Category: Property Law | Date: | Hits: 80
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ivision, Dhaka in Criminal Revision No. 1335 of 1995). Judgment ATM Afzal CJ.- This appeal by leave by the complainant petitioner is from an order dated 14 November, 1995 passed by a Division Bench of the High Court Division summarily rejecting the revisional application, Criminal Revision N......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....ed by separate vokalatnamas and filed separate petitions praying for adopting the written statement filed by defendant No. 15 which was allowed, the learned Subordinate Judge, Satkhira directed the Bench Assistant to file a report. The Bench Assistant tiled his report on 29-8-1988 stating, inter ......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ..Category: Procedural Law | Date: | Hits: 133
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
.... Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 32 of 1991. (From the Judgment and Order dated 26.6.89 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 399 of 1984). Judgment  ......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ..Category: Civil Law | Date: | Hits: 133
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
.... in a parliamentary by-election held on January 25, 1995, has preferred this appeal by leave against the judgment and order dated 19 January, 1995 passed in Writ Petition No. 47 of 1995 by a Division Bench of the High Court Division declaring that the acceptance of his nomination paper by the Return......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ..Category: Election Law | Date: | Hits: 129
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
.... by Sharifuddin Chaklader, Advocate on-Record-For Respondent No. 1. Civil Appeal No 41 0f 1990. (From the judgment and order dated 29-5-1986 passed by the High Court Division, Circuit Bench, Chittagong in Civil Revision No. 50 of 1985). ...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ..Category: Property Law | Date: | Hits: 52
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....ence to the Holy Quran, Hadith of the Holy Prophet and Ibne Qayyüm’s famous work Zaadul Maad published in Egypt and after a thorough discussion of the law and literature on the, subject a Division Bench of the Lahore High Court held in the case of Sardar Muhammad Vs. Most. Nasima Bill and ors, 19......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
.... sub-rule (II) of Rule 7 of the Rules of 1984. This point was specifically noticed in the case of MA Hai and others vs. Trading Corporation of Bangladesh reported in 40 DLR 109, wherein a Division Bench of the High Court Division presided over by Mr. Justice Mustafa Kamal J, as his Lordship then......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ..Category: Administrative Law | Date: | Hits: 122
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....mitted that the degree of consanguinity is to be computed under section 28 of the Succession Act, 1925 read with schedule 1 thereof. In support of his contention Mr. Karim has referred to a Single Bench decision of the Dhaka High Court in the case of Tamizunnessa vs. Usnar All reported in 18 DLR......s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ..Category: Property Law | Date: | Hits: 56
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....17 of 1991). Judgment ATM Afzal CJ.- This petition by the accused-petitioner is from judgment and order dated 5 April, 1995 passed by a Division Bench of the High Court Division in Criminal Revision No. 717 of 1991 discharging the Rule obtained......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ..Category: Criminal Law | Date: | Hits: 71
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....s a point of law of public importance, namely, whether a decision of a Single Company Judge under section 38 of the Companies Act, 1913 (rectification of share register) is appealable to a Division Bench of the High Court Division. The appellants filed an application under section 38 of the Comp...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....1989). Judgment ATM Afzal CJ.- This appeal by the Government, following leave, is from judgment and order dated 12 November 1990 passed by a Division Bench of the High Court Division refusing to review the Court’s earlier judgment dated 19-7-1......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....s Case No. 1118 of 1994). Judgment: Mustafa Kamal J: This appeal by leave by the accused-appellant is from the judgment and order of a Division Bench of the High Court Division dated 18.4.95 in Criminal Miscellaneous Case No. 1118 of 1994 maki......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ..Category: Criminal Law | Date: | Hits: 60
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ode, the present petitioner obtained a Rule in Criminal Revision No. 365 of 1992 praying for quashing of the said proceedings against him under section 561A Cr. P. C. The Rule was heard by a Division Bench of the High Court Division and by judgment and order dated 30.11.94 and 1.12.94 the learned pr......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
.... Judgment ATM Afzal CJ.- These five appeals, by leave, at the instance of the Principal, Chittagong Medical College and others, arise out of judgment and order dated 18.5.1994 passed by a Division Bench of the High Court Division in Writ Petition Nos. 2141, 2142, 2143, 2195 and 2196 of 1993 makin......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....eclared to be without lawful authority and of no legal effect and why the respondents should not be directed to cancel, rescind and /or withdraw the same. The Rule Nisi was discharged by a Division Bench of the High Court Division by judgment and order dated 8.5.95 from which the petitioner now s......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..Category: Information Technology Law | Date: | Hits: 251
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ion that the appeal be dismissed. Md. Ismailuddin Sarker J.- This appeal by leave by the accused-appellant, who is on bail, is from the judgment and order dated April 4, 1995 passed by a Division Bench of the High Court Division in Criminal Revision No. 2091 discharging the Rule and thereby affi......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...Category: Criminal Law | Date: | Hits: 75