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Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....vision. While the revision was pending before the High Court Division, Mr. M Shamsul Alam, Deputy Attorney-General appearing’ on behalf of the State submitted that he had instruction from the Government not to press this Rule as the Government do not like to proceed with the same. According...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ..Category: Criminal Law | Date: | Hits: 63
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....ain argument of Mr Abdur Rab Chowdhury, learned Advocate for the appellants, is based on the office Memo dated 10.8-94. This Memo is an order of the Implementation Cell of the Ministry of Finance, Government of Bangladesh stating that as per approval of the Martial Law Committee dated 26-6-83 of......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 ......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 ..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....d on the same business by purchasing scrap ships and beaching and breaking the same on hired yards since several years last past. He obtained necessary permission from the Department of Industries, Government of Bangladesh on 29-7-85 (Exts. 5 and 5(a)) for setting up a ship-breaking industry at ......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 ......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
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
....p; Mustafa Kamal J: By Notification SRO No. 58/Ain/97 under section 9(2) of the Code of Criminal Procedure dated 3-3-97, published in the Bangladesh Gazette on 4-3-97, the Government directed that the Court of Sessions, Dhaka shall hold its sitting for the trial of Sessi...... 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 ...... 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 ..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....shall therefore briefly refer to the essential facts of the case and indicate the reasons more fully for the observations made before. 3. The alleged occurrence took place at the Heulibunia Government Primary School Poling Centre on 10-2-88 when the election for chairmanship of No. 8 Barg......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..Category: Criminal Law | Date: | Hits: 77
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....ng into Chittagong Port from the outer anchorage the said vessel collided with Bangladesh Naval Frigate BNS Osman and caused extensive damage thereto. On 14 August 1991 Ministry of Defence of the Government of Bangladesh and Commodore Commanding BN flotilla as plaintiffs brought the aforementio......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 ......rt Division Admiralty jurisdiction passed on compromise in Admiralty Suit No. 27 of 1991 allowing MV Fong Yun (defendant No. 1) to leave the territorial waters of Bangladesh without payment of the dues and our charges of the Port Authority. The appeal is by way of leave under Article 103(3) of t..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... Saha………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, and others &......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 ......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 ..Category: Administrative Law | Date: | Hits: 120
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
.... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another…………...... the plaint which forms the foundation of the case. In para l6 of the plaint the plaintiff made out her claim in the following manner: “That out of 65 rooms the minimum monthly rental will come at Taka 20,000.00 as a result the compensation and mesne profits from the buildin......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ..Category: Property Law | Date: | Hits: 72
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....ied the same scale of pay (Taka 310.00-670.00) and that is the reason why the appellant was absorbed as an Inspector of Taxes, but previous to 1-7-73 an Upper Division Assistant in the then Central Government used to draw a pay in, the scale of Taka 135.00—315.00, whereas the scale of pay ......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 ......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 ..Category: Administrative Law | Date: | Hits: 140
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
.... the Code of Criminal Procedure, 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 petiti......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 ......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 ..Category: Criminal Law | Date: | Hits: 74
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......sistant Judge, Dhaka for ejectment of the respondents from the suit premises alleging, inter alia, that late Haji Badsha Miah, defendant’s predecessor was a monthly ejectable tenant under them at a rental of Taka 350.00 per month. Badsha Miah died on 30th Bhadra. 1393 BS and thereby the defendants...... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ..Category: Property Law | Date: | Hits: 63
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
....Officer-in-Charge, Pangsha Police Station, against eight persons, alleging, inter alia, that they by fabricating certain transfer orders got themselves appointed as Assistant Teachers in different Government Primary Schools. Treating the same as the First Information Report, Pangsha PS Case No. ...... 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 ...... 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 ..Category: Criminal Law | Date: | Hits: 87
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... Nesar Ahmed also known as Babul…………………………………………….. Appellant vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another…&hel...... 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 ...... 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)
.... of the Civil Court, but because the Board of Directors of the respondent bank illegally refused his prayer for arrear salary and other reliefs in violation of the decisions laid down in the cases of Government of Bangladesh vs. Md. Mustafa and others 35 DLR 404, Saleh Ahmed Joarder vs. People’s R......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. ......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. ..Category: Administrative Law | Date: | Hits: 131
Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)
....nt: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Nurul Hussain………………………… Petition vs. Government of the Republic of Bangladesh…………….Respondent ......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 ......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 ..Category: Administrative Law | Date: | Hits: 112
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....nder the Penal Code. A Special Court shall take cognizance of, and have jurisdiction to try, an offence punishable under the said Ordinance only upon a complaint in writing made by such person as the Government may, by a general or special order, authorise in this behalf (section 26(3)). 4. In t......Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ..Category: Criminal Law | Date: | Hits: 149
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Nasima Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of ......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 ......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)
.... Kumar, Ranginimoyee Dashya and Soudamoni Deshya, recorded in CS Khatian No. 390, Mouza Kazipur, PS Gangni, Meherpur; that during SA Operation the suit land was wrongly recorded in the name of the Government and they instituted TS No. 50 of 1969 for correction of record and got a decree; that in......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 ......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 ..Category: Property Law | Date: | Hits: 79
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment ...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..Category: Constitutional Law | Date: | Hits: 163
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