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State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)

....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ...... RI for 2 years was also confirmed. This judgment of the High Court Division has been reported as the case of Tenu Mia and others vs State, 43 DLR 633. 3. State has preferred this appeal by leave against the alteration of conviction of accused- respondent Nos 1-6 and their reduction of s..

Category: Criminal Law | Date: | Hits: 80

Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)

....r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......f, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Petitioner. B Hossain, Advocate-on-Record — For the Respondent. Civil Petition for leave to appeal No. 296 of 1998. (From the judgment and order dated 8-12-97 passed by the Hi..

Category: Employment/Service Law | Date: | Hits: 77

Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)

.... application to the Chairman of the Local Union Council seeking permission under section 6 of the aforesaid Ordinance to take a second wife alleging that the present wife, namely, the plaintiff was sick and incapable of performing conjugal relationship. The learned Judges observed that section 6 ......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ..

Category: Family Law | Date: | Hits: 158

Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)

....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......o. 46 of 1997 (From the Judgment and order dated 27-2-97 passed by the High Court Division in First Miscellaneous Appeal No. 23 of 1996). Judgment Latifur Rahman J.- This appeal following leave, at the instance of Bangladesh Shilpa Rin Sangstha appellant is against the judgment and order..

Category: Business or Commercial Law | Date: | Hits: 124

GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)

....e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......ong) and Writ Petition No. 1454 of 1991 (Dhaka)/Writ Petition No. 43 of 1988 (Chittagong). Judgment          Mustafa Kamal J.- These two appeals by leave by the writ petitioner-company is from the judgment and order dated 23-6-94 passed by a Divi..

Category: Labour and Industrial Law | Date: | Hits: 134

SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)

....dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ......ullah, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 69 of 1999. Judgment Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioner is from the judgment and order dated 14-1-99 passed by t..

Category: Admiralty Law or Maritime Law | Date: | Hits: 235

Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)

....hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..

Category: Criminal Law | Date: | Hits: 63

Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)

....vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..

Category: Property Law | Date: | Hits: 64

Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)

....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......46 of 1993. (From the judgment and order dated 11 November 1991 of the High Court Division in Writ Petition No. 498 of 1987) Judgment Bimalendu Bikash Roy Choudhury J.- This appeal by way of leave arises out of the judgment and order dated 11 November 1991 passed by a Division Bench of the ..

Category: Property Law | Date: | Hits: 63

Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)

...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......       Md. Abdur Rouf J.- Bina Rani, the wife and Bhulu Chandra Dey (defendant No. 2), son of deceased sole plaintiff Hiron Chandra Dey, have preferred this appeal on leave from the judgment and decree of the High Court Division dated 25-7-94 passed in First Appeal ..

Category: Property Law | Date: | Hits: 75

Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)

.... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ......in, Advocate-on-Record — For the Petitioner. Rafique-ul-Haque, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent. Civil Petition for leave to appeal No. 652 of 1996. (From the Judgment and order dated 3-7-96 passed by the H..

Category: Business or Commercial Law | Date: | Hits: 91

Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)

....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ..

Category: Property Law | Date: | Hits: 72

Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)

....s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......conduct who being an officer of the Government was found “unnecessarily harassing” the plaintiff in flagrant violation of the law. Now this petition by the defendant-petitioner seeking leave to appeal from the impugned judgment. 2. Material facts of the case are that the plai..

Category: Property Law | Date: | Hits: 69

Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)

....ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ...... Petition No. 912 of 1993 which was summarily rejected by a Division Bench of the High Court Division by judgment and order dated 17-6-93, from which the petitioner has preferred this petition for leave to appeal, a certificate under Article 103(2)(a) of the Constitution having been refused by t..

Category: Constitutional Law | Date: | Hits: 152

BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)

....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......, instructed by Sharifuddin Chaklader, Advocate-on-Record—For Respondents. Civil Appeal No. 23 of 1994. Judgment      Latifur Rahman J.- This appeal by leave by Bangladesh Inland Water Transport Corporation- defendant No. 1 is from the Judgment and de..

Category: Admiralty Law or Maritime Law | Date: | Hits: 187

Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)

....hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......s to be kept in the custody at the time of admitting the Government appeal they would not interfere in the matter. Being aggrieved by the said order the appellants moved this Division and obtained leave to appeal from the said order. Upon hearing the appeal, Criminal Appeal No. 13 of 1994, we di..

Category: Criminal Law | Date: | Hits: 57

Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)

.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ......e, however, reduced the sentence of Mawlana Abdul Hye (petitioner of Criminal Petition No. 103 of 1997) to six months on consideration of his old age. All the three accused-petitioners are seeking leave to appeal from the impugned judgment of the High Court Division. 2. The prosecution c..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)

....in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ...... to make the Rule Nisi ready for hearing and allowing the respondents one week’s time to file an affidavit-in-opposition. 4. KS Nabi learned Attorney-General moving this petition for leave to appeal from the said interlocutory order dated 3-3-98 submits that in passing the same the..

Category: Employment/Service Law | Date: | Hits: 67

Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)

.... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ...... (From the Judgment and Order dated 10-7-1997 passed by the High Court Division in Writ Petition No.2 1 of 1997). Judgment     Mustafa Kamal J.- This petition for leave to appeal by the defendant Nos. 4, 5 and 8 of Writ Petition No. 21 of 1997 is from the judgme..

Category: Constitutional Law | Date: | Hits: 155

Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)

....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ..

Category: Property Law | Date: | Hits: 65