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Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....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 ......ected due to their placement in serial Nos. 35, 37, 39 and 40 in the Gradation List. 5. Leave was granted to consider the submission of the learned Advocate for the appellants that under the provisions of the Services (Re-organisation and Conditions) Act 1975 (Act No. XXXII of 1975) grade..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....ood profit in the neighborhood of Taka 40 lakh per ship within a period of 5/6 months. The plaintiff therefore prayed for a decree for a sum Of Taka 1,02,44,000.00 as per Schedule of Claim as also mandatory injunction directing the contesting defendants to remove the scrap ship Banglar Kheya fro......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......produced in the Court of Upazila Magistrate, Anwara in CR Case No. 116 of 1983 by filing firisti and, as such, the present case against the appellant and others was not maintainable, in view of the provisions of section 476 read with section 195(1) (c) of the Code of Criminal Procedure and, such,..Category: Criminal Law | Date: | Hits: 72
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......icular case. However, the absence of prohibition does not mean the granting of a power. The granting of a power is derived from not only the phraseology used in section 9(2) but also from the other provisions of the Code. Section 9(1) gives the Government power to establish a Court of Sessions f..Category: Constitutional Law | Date: | Hits: 179
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ...... the vessel to leave the territorial waters of Bangladesh without payment of the dues. 5. In order to appreciate the point raised by the learned Counsel it is necessary to notice some of the provisions of the Ordinance which are relevant. Section 19(1)(a) provides for tolls, dues, rates a..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......e to be dismissed. 4. Mr. Md. Serajul Huq, learned Advocate appearing for the petitioner, submits that the Administrative Appellate Tribunal erred in law in interpreting and, considering the provisions of Rule 25(2)(3) of the Government Servants (Discipline and Appeal) Rules, 1985 and arr..Category: Administrative Law | Date: | Hits: 120
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 ...... (Act No. VII of 1981) and hence it is liable to be set aside Leave was also granted to consider- the appellant’s submission that the Appellate Tribunal failed to take into consideration the provisions of the Services (Re-organisation and Conditions) Act, 1975 (Act No XXXII of 1975) by whi..Category: Administrative Law | Date: | Hits: 140
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ......A Division Bench of the High Court Division by the impugned Judgment and order dated 28-5-96 discharged the Rule holding, inter alia, that in view of the amendment made by Act XLII of 1992 to the provisions of section 167 Cr. P. C., which being a procedural law operates retrospectively, the pet..Category: Criminal Law | Date: | Hits: 87
Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
.... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ......On 24-2-90, the date fixed for hearing of the charge, it was argued on behalf of the accused-petitioner that the offence disclosed in the charge-sheet against him is an offence punishable under the provisions of the Drugs (Control) Ordinance, 1982, (Ordinance No. VIII of 1982) and that the case w..Category: Criminal Law | Date: | Hits: 99
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ing held in custody without lawful authority or in an unlawful manner. But we do not like to lay down an inflexible Rule that in all cases under Article 102 (2)(b)(i) an affidavit-in-opposition is mandatory on the part of the respondents. Thus if it is manifest from the writ petition itself that......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..Category: Criminal Law | Date: | Hits: 99
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 ......ation of title and confirmation of possession was not maintainable. 7. Mr. Shamsul Haque Siddique, learned Advocate-on-Record appearing for respondent Nos.l-8, submitted that in view of the provisions of Order VII, rule 1(e) of the Code of Civil Procedure, the lower appellate Court on con..Category: Property Law | Date: | Hits: 79
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......tion before the learned District Judge praying for withdrawal of the said Misc. cases from the Artha Rin Adalat to the Court of the learned District Judge and disposal of the same according to the provisions of President’s Order No. 7 of 1973 which gave rise to Misc. Case No. 64 of 1..Category: Business or Commercial Law | Date: | Hits: 117
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ...... consideration, shall notwithstanding anything contained in the document relating to the transfer, be deemed to be a complete usufructuary mortgage for a period not exceeding seven years and the provisions of section 95 shall apply to such transfer whether made before or after the date of com..Category: Property Law | Date: | Hits: 72
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 ......tral Bank of India AIR 1943 Nagpur 340 (FR), J Krishnareddy vs. B Ramagopalaiah AIR 1985 Andhra Pradesh 49. 8. For an answer to the question raised in this appeal it is necessary to examine the provisions of section 15 and 16 of the Ordinance which relate to writing of judgment and enforcemen..Category: Family Law | Date: | Hits: 144
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......osed upon any provision of the Constitution revived earlier were removed. The relevant provision of the said Order reads thus: “2. Final revival of the Constitution.- All provisions of the Constitution of the People’s Republic of Bangladesh, which have not alread..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
....junction 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 injunction against defendant No. 2 for a direction to hand over charge of the said ...... 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)
....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 ......r the purpose of exercising all the powers and authorities exercisable by the civil Court under the Code of Civil Procedure. Mr. Awlad Ali’s next submission regarding the implications of the provisions of sections 4 and 6 of the Act is also not acceptable in view of the fact that the juris..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......1977); The appellant was thus disqualified for election to the office of Chairman of the said Union Parishad under section 7(2)(e) of the aforesaid Local Government Ordinance of 1983 read with the provisions of section 30(1) (b) of the aforesaid Ordinance No. XXXIII of 1961. The appellant..Category: Others | Date: | Hits: 85
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 ......ated 10 November, 1986 in that the same had no application having come into force after the disposal of the case by learned Sessions Judge on 13-9-86. Secondly, it was contended that in view of the provisions of section 349A of the Code of Criminal Procedure, the learned Sessions Judge committed ..Category: Criminal Law | Date: | Hits: 120