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Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....ad to abandon their application before the Court of Settlement and came to the High Court Division with a writ petition. The other point urged by Mr. Nabi is that even if the writ petitioner had an alternative remedy before the Settlement Court, it did not bar a writ petition because the alterna......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ..Category: Property Law | Date: | Hits: 73
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
.... having released the goods on payment of additional customs duty and sales tax he ought to have asked for refund under section 33 of the Customs Act within six month. He having not availed of this alternative remedy writ petition is not maintainable. ……………&hell...... 32. In spite of above observations considering the great hardship to the appellants to pay 50% of the huge amount of duty demanded for filing the appeals and arbitrary rejection of their prayer for exemption from depositing the demanded sum in that case it was held that the writ petiti..Category: Fiscal/Taxation Law | Date: | Hits: 94
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ......p;… Respondents Judgment April 4, 2000. The Constitution of Bangladesh, 1972, Article 102 The writ-petitioner who filed the writ petition can very well make a prayer for non- prosecution and it is upon the writ- petitioner to proceed with the case or not. Or..Category: Others | Date: | Hits: 88
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......y were asked to answer them on 6 October 1996. In the meantime the defendants sought extension of the time which was allowed upto 13 October 1996. On 13 October 1996 the defendants made a further prayer for extension of time. On the same day the plaintiffs also made an application for striking ..Category: Procedural Law | Date: | Hits: 97
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
.... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ......sed by respondent No. 1 by which the lease of the petitioners was cancelled as they failed to pay a sum of Taka 40,00,000.00 towards arrear rent as the period of lease expired in April, 1995. Their prayer for renewal of the lease was pending when the lease was granted to the petitioners of Writ ..Category: Property Law | Date: | Hits: 71
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....examine Part IX and sub-paragraph (6) of paragraph of the 6 of the Fourth Schedule to the Constitution. This exercise will help us in finding out whether chapter II of Part VI contains a full-fledged alternative to Article 133 or not. Our answers to the various issues raised by the learned Counsels ...... in this case as it involved important questions of law having far reaching effect. The learned Attorney-General was notified and on 27-6-1996 this matter came up in the list and was adjourned on the prayer of the Government. Again this matter came up for hearing on 29-1-1997 when a Counsel for the ..Category: Constitutional Law | Date: | Hits: 829
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
....e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......of time and thereafter the case was fixed for delivery of judgment on 20-8-98. On that date the judgment could not be delivered by this Division as some of the learned Advocates of this court made prayer for rehearing of the appeal. Thereafter the appeal was again heard for some lime. The judgme..Category: Criminal Law | Date: | Hits: 63
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......0-97. The statement of the victim was recorded under section 164 of the Code of Criminal Procedure and she was remanded to (safe) custody. 4. The Investigation Officer as well parties made prayer before the learned Magistrate, Narayangonj for obtaining report from the Civil Surgeon, Nar..Category: Criminal Law | Date: | Hits: 48
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ...... having not been completed within the specified time, the Divisional Special Judge on 4-1-87 stopped the proceeding under section 339C Code of Criminal Procedure and released the appellant. Upon a prayer of the public prosecutor the case was, however, revived on 26-2- 87 and again for identical ..Category: Criminal Law | Date: | Hits: 59
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ...... June 7, 1999. The Specific Relief Act, 1877 (I of 1877), Sections 39 and 42 The Limitation Act, 1908 (IX of 1908), Article 91 The plaintiff not being a party to the kabala, prayer for cancellation of the same is not necessary. The plaintiff getting a decree of declaration..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
.....75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ......entertained in the eye of law. Besides, during the pendency of the writ petition respondent No. 1 petitioner filed an application for injunction in Title Suit No. 11 of 1997. The petitioner’s prayer for temporary injunction was rejected by the trial Court by judgment and order dated 23-6-97..Category: Constitutional Law | Date: | Hits: 164
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....squo;s Order No. II of 1973), Article 52 A discretion once exercised under the given circumstances without any opposition will not be interfered with simply on the ground of availability of alternative efficacious remedy especially when the decision sought to be appealed from does not suf......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ..Category: Constitutional Law | Date: | Hits: 201
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ......nt and order of the Appellate Division passed in Civil Appeal No. 35 of 1976 and Civil Review Petition No. 1 of 1978. It appears to be clear to us not only from the said judgments but also from the prayer portion of the petitioner’s application before the Administrative Tribunal in the inst..Category: Administrative Law | Date: | Hits: 159
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....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 ......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..Category: Criminal Law | Date: | Hits: 93
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....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 ......). Judgment: ATM Afzal CJ: The plaintiff-petitioner’s prayer for temporary injunction was rejected concurrently by the Courts below and the High Court Di..Category: Property Law | Date: | Hits: 64
Nur Islam (Md) Vs. Agrani Bank, 1995, 24 CLC (AD)
....titioner filed an application under section 151 CPC for setting aside the decree on the ground of fraud. This application was rejected by the trial Court on the ground of non-maintainability, in that alternative remedy by way of an application under Order IX, rules 13 CPC and also by appeal under se...... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. ..Category: Civil Law | Date: | Hits: 120
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
.... 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 ......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..Category: Others | Date: | Hits: 87
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....inclusion in Grade-XI i.e with effect from 1-7-77. 6. The learned Advocate at the time of hearing of the appeal also pressed for granting leave, as before the two Tribunals below, that their alternative prayer for reversion to their previous post of preventive officers be allowed if for an......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..Category: Administrative Law | Date: | Hits: 160
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....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 ......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,..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....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. ......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..Category: Criminal Law | Date: | Hits: 115
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