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Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....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 ......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..Category: Criminal Law | Date: | Hits: 74
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....rder of a Division Bench of the High Court Division dated 10-5-94 in Writ Petition No. 720 of 1994 rejecting the writ petition in limine on the ground that it was not maintainable, there being an alternative remedy of appeal under section 30 of the Special Powers Act, 1974 which the appellant d...... 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
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....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. ......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..Category: Administrative Law | Date: | Hits: 131
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 ......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 ..Category: Administrative Law | Date: | Hits: 112
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....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 ......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 ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... 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 ......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..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....tion stating, inter a1ia that the High Court Division in another writ petition stayed the operation of the order by which the Ad-hoc Managing Committee had been constituted and, as such, there was no alternative on the part of the Deputy Commissioner, Dhaka but to allow him to continue in service af...... 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..Category: Constitutional Law | Date: | Hits: 163
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....between them which it would be inequitable to disturb by cancellation of their deed. Accordingly, we do not think that is a desirable solution.” 9. We are not enamored of the next alternative either, namely, conveyance by the subsequent purchaser alone to the plaintiff. It is tr...... 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)
....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 ......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 ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... 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 ......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..Category: Procedural Law | Date: | Hits: 140
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....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 ......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..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....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 ......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..Category: Constitutional Law | Date: | Hits: 149
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 ......; 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..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... 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 ...... 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 ..Category: Criminal Law | Date: | Hits: 78
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 ......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..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 ......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..Category: Administrative Law | Date: | Hits: 149
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......by the prosecution to produce witnesses but ultimately other than PW 1 no witness was examined by the prosecution. From the order dated 21-1-89 it also does not appear that the prosecution made any prayer for adjournment of the case for examining any further witnesses on a subsequent date. The p..Category: Criminal Law | Date: | Hits: 68
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 ......ed for evidence. On 13-7-86 prosecution filed hazira of 16 witnesses but subsequently filed a petition under section 288 of the Code of Criminal Procedure. It appears from the order-sheet that the prayer of the prosecution praying for time for recording 342 statements was allowed and 20-7-86 was..Category: Criminal Law | Date: | Hits: 120
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......gh Court Division (Barisal Bench) in the Civil Revision Case No.51 of 1988, discharging the Rule, affirming thereby the order dated 31-1-88 passed by the trial Court refusing the petitioners’ prayer for correction and amendment of the plaint of the aforesaid title suit and the decree passed..Category: Property Law | Date: | Hits: 88
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......fter he submitted several applications to allow him to resume duties at Dhaka Office, even on the basis of the order of temporary injunction passed on 27-6-80, but respondent No.3 did not allow his prayer and that after the disposal of his appeal in the civil Court he also asked the concerned aut..Category: Administrative Law | Date: | Hits: 119
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