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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 ......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
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 ...... 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)
.... in each case upon case-records and no hard and fast formula can be laid down to settle the criteria in advance. 11. The High Court Division failed to notice that in this case the appellant stated in his writ petition that after he obtained ball from the learned Magistrate, his learned A...... 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
Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
.... Wahhab Miah, learned Advocate for the accused-petitioner, has reiterated the submissions made before the Senior Special Tribunal and the High Court Division. 5. The accused-petitioner has stated in the leave petition that the Senior Special Tribunal framed charge against the petitioner ...... 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 ..Category: Criminal Law | Date: | Hits: 99
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....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)
....d vs. Bangladesh and others, 45 DLR (AD) 89. The Rule Nisi was discharged on 4-4-95. 5. The writ petitioner filed an application for review of the said judgment dated 4-4-95 in which it was stated that the detenu was falsely implicated in Motijheel PS Case No. 85(1)95 dated 31-1-95 and th......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
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....n 31 May 1977 and subsequently registered as kabala No. 1382 of 1978 be declared as fraudulent, void and not sustainable in law.” 4. The defendant denied the claim of the plaintiffs in a written statement. His plea was as follows. The defendant and one Ashrafuz Sultan had agreed to purchase the...... 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 ..Category: Tenancy Law | Date: | Hits: 88
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... (defendant Nos. 9 and 10) who are the subsequent purchasers of the land from defendant No. 1-with notice of the earlier contract. Defendant No. 1 entered appearance in the suit and filed a written statement but ultimately did not contest the same. Defendant Nos. 9 and 10, however, contested the ...... 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
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....uishment from his daughter which having been refused he was obliged to bring the suit. 5. The suit was contested by defendant Nos. 1 and 2 as well as defendant Nos. 4-9 upon similar written statements. Their case, in short, was that the suit lands were acquired by defendant No. 1 with her......nd executed after considerable deliberation and the person expressly shown as the purchaser or transferee in the deed, starts with the initial presumption in his favour that the apparent state of affairs is the real state of affairs. Though the question, whether a particular sale is benami or ..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....st the judgment and order dated 8 July, 1996 passed by a Division Bench of the High Court Division in Writ Petition No. 64 of 1994. 2. Facts giving rise to the said petition may be briefly stated. Between the years 1975 and 1976 respondent Nos. 1 and 2 transferred different parcels of la......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 ..Category: Property Law | Date: | Hits: 72
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 ......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 ..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....he plaint as a whole all point to the fact that there was a clear assertion of title by adverse possession by the plaintiff. These assertions were denied by the contesting defendant in her written statement and naturally an issue on title by adverse possession cropped up. Order XIV rule 1 of the......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ..Category: Property Law | Date: | Hits: 72
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
....er, learned Advocate appearing for the petitioner, submits that the withdrawal order as passed by the Government on l8-lO-95 withdrawing the case from the CID is illegal. 5. It may be stated at the very outset that a co-accused has got no right to apply for further investigation Dep...... 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 ..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
.... Agrahayan 1378 BS, that is, within the next two years after the expiry of 5 years during which the appellant was to enjoy the usufruct of the disputed land. In the leave petition the appellant has stated that the right of reconveyance of respondent No. 4 as per terms of the contemporaneous agre......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 ..Category: Property Law | Date: | Hits: 88
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 ......ought for leave by this petition. 2. Syed Ishtiaq Ahmed learned counsel appearing for the petitioner submitted that the Pabna Chamber of Commerce and Industry is a Trade Organisation. Its affairs are conducted by an elective body as per rules framed under the Trade Organisations Ordinan..Category: Procedural Law | Date: | Hits: 122
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....mong others, as to under what authority he(the appellant) was holding the office of the Chairman of Hoglapasha Union Parishad within Police Station Morrelgonj, District Bagerhat. It is inter alia, stated that the appellant and one Probir Kumar Halder contested the election for the office of Chai......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 ..Category: Others | Date: | Hits: 85
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....Criminal Procedure by the trial Judge. From the order dated 21-1-89 it appears that the informant was examined as PW 1 and he testified that he had no grievance against the accused respondents and stated that the matter had been compromised out of court. 4. Leave was granted to con......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 ..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....e aforesaid facts and police upon investigation submitted charge-sheet on 22-9-1982 against the respondents under section 302 of the Penal Code. 5. It is on record that a confessional statement was made by respondent No. 1 on 20-7-82 before a Magistrate, First Class, Chandpur.......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 ..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....terest” for a standing and the doctrine of public interest litigation or class action was yet to take roots in the Indian Jurisdiction. The springboard for the liberalisation move was the momentous statement made in that case: “It appears to us that the question of locus standi does not invo......nding? Toward Legal Rights for Natural Objects” by Prof. Christopher D. Stone, 45 C L Rev, 450 (1972). Prof. Stone concluded his essay with stirring note: “How far we are from such a state of affairs, where the law treats “environmental objects” as holders of legal rights, I cannot say. ..Category: Constitutional Law | Date: | Hits: 450
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