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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 ......Division Dhaka in Writ Petition No. 1950 of 1992). Judgment                 ATM Afzal CJ.- This appeal by leave from an order dated 31st May 1992 passed by Division Bench of the High Court Division rejecte..

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 ......on 21-1-96. Against the order of staying the operation of the impugned order of temporary mandatory injunction pending disposal of the Rule by the High Court Division the petitioner has sought for leave by this petition. 2. Syed Ishtiaq Ahmed learned counsel appearing for the petitione..

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 ......bsp; 509 of 1995.  Judgment:      Md. Abdur Rouf J: Petitioner, an ex- Economic Councilor for Bangladesh, posted at Bangladesh Embassy in Stockholm has sought leave to appeal from the judgment and order passed on August 3 1995 by the Administrative Appellate..

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 ......ivision, Dhaka in Writ Petition No. 21 of 1995). Judgment:              ATM Afzal CJ: The moot question in this appeal by leave is whether the High Court Division is right in holding that a recognised non-government secon..

Category: Others | Date: | Hits: 85

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 ......neous No. 2113 of 1994) 49 DLR (AD)(1 997). Judgment:                Latifur Rahman J: This criminal appeal by leave at the instance of the two witness-appellant directed against the judgment and order dated 3l..

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 ......minal Appeal No. 328 of 1986). Judgment:                ATM Afzal CJ: This is an appeal by the State, following leave, from the judgment and order dated 23rd August, 1990 passed by a Division Bench of the High C..

Category: Criminal Law | Date: | Hits: 120

Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)

.... was granted. Accordingly, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... merit of the matter.” 12. In view of our finding on the question of maintainability of the case itself, it is not at all necessary to enter into the grounds on which initially leave was granted. Accordingly, the appeal is allowed without any order as to costs. ..

Category: Administrative Law | Date: | Hits: 106

Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)

....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......the people on terms expressed by the Constitution: Per Mustafa Kamal J delivering The Full Court Judgment. (42) Interpretation of Bangladesh Constitution It is constitutionally impermissible to leave out of consideration Part II of our Constitution when an interpretation of Article 102 needs g..

Category: Constitutional Law | Date: | Hits: 450

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. ...... in Civil Revision No. 51 of 1988). Judgment                 Mohammad Abdur Rouf J.- This appeal, following leave, has been preferred by the heirs of  deceased sole plaintiff, Munshi Abdul Khair Faraji ..

Category: Property Law | Date: | Hits: 88

Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)

....he submission of the learned Advocate. No case for leave has been made out.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......e appeal, however, allowed on contest by the Appellate Tribunal by its Judgment and order dated 25-6-96 and thereby petitioner’s case was dismissed.  6. The petitioner now seeks leave from the said Judgement of Administrative Appellate Tribunal.  7. Mr. Md. Mozaf..

Category: Administrative Law | Date: | Hits: 133

Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)

....e plaintiff.  We find no ground for interference.  The petition is dismissed. Ed.    This Case is also Reported in: 50 DLR (AD) (1998) 210. ...... Lawyers Involved: SR Pal, Senior Advocate, instructed Sharifuddin Chaklader, Advocate-on-Record - the Petitioner. Not represented—the Respondents. Civil Petition for leave to Appeal No. 571 of 1997. (From the Judgment and order dated 17-2-97 passed by the H..

Category: Property Law | Date: | Hits: 71

Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)

....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......vision in First Misc. Appeal No. 416 of 1990). Judgment                Mohammad Abdur Rouf J.- This appeal, by leave by the Government of Bangladesh, defendant No.5 and the Joint Secretary, Ministry of Works an..

Category: Property Law | Date: | Hits: 76

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. ......l No. 65 of 1991).  Judgment                    Mohammad Abdur Rouf J.- This appeal, by leave by the Government of Bangladesh, is from the Judgment and order dated 13-8-92 passed by the A..

Category: Administrative Law | Date: | Hits: 119

Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)

....case to call for an interference.  The petitions, therefore, merit no leave and are dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......on Bench of the High Court Division which heard the matters dismissed the appeals by the judgments and orders dated 11 January 1998. Being aggrieved the petitioner has presented Civil Petition for leave to appeal Nos. 183 and 184 of 1998.  2. Leave to appeal is sought, the principa..

Category: Property Law | Date: | Hits: 87

Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)

.... having been exercised judiciously there is nothing for our interference. The petition is dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ......was finally disposed of by a learned Single Judge of the High Court Division on 9-11-94. The learned Single Judge rejected the application. Hence, the defendant-petitioners filed this petition for leave to appeal against the defendant-petitioners. Suit was decreed by the trial Court. Against the..

Category: Civil Law | Date: | Hits: 150

Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)

....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......0 of 1991 (Dhaka) and Writ Petition No.2 of 1989 (Comilla), Writ Petition No.1949 of 1991 (Dhaka). Judgment     Latifur Rahman J.- These two appeals by leave at the instance of Bangladesh Krishi Bank are against a common judgment and order passed by D..

Category: Business or Commercial Law | Date: | Hits: 150

Shinepukur Holdings Ltd. & others Vs. Securities and Exchange Commission & another, 1998, 27 CLC (AD)

....eived because he himself could set aside the order of the CMM which was actually prayed for. All the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 189. ......eived because he himself could set aside the order of the CMM which was actually prayed for. All the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 189. ..

Category: Business or Commercial Law | Date: | Hits: 163

Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)

....urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ...... from which the plaintiffs were said to have been dispossessed nor was there any clear finding as to the portion of the land to which the possession would be restored. 4. The plaintiffs now seek leave to appeal therefrom. 5. It has been urged before us that the trial Court, considering the ..

Category: Property Law | Date: | Hits: 101

Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)

....n has rightly refused the prayer for quashment of the proceeding.  The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......348/109 of the Penal Code pending in the Court of Magistrate First Class, Jhalakati having been summarily rejected by a Division Bench of the High Court Division on 20 August 1997 he is now seeking leave to appeal from the order.  2. The complaint case briefly, is that the petitione..

Category: Criminal Law | Date: | Hits: 79

Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)

.... at the time of framing charge or even there-after.  The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ......first part of his order, namely, accepting the charge-sheet with sections 326 and 307 of the Penal Code.  4. Mr. ABM Nurul Islam, learned Advocate for the accused-petitioners, seeking leave to appeal front the impugned order, submits that he does not object to the High Court Divisio..

Category: Criminal Law | Date: | Hits: 74