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Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....9 of the Penal Code read with sectors 5(2) of Act II, 1947. It is out of time by 4 days. For the explanation offered by the petitioners the delay condoned. 2. On 26 November 1984 Anti-corruption Department Dhaka lodged an First Information Report with the Motijheel Police Station, which was recor......e sanctioned amount which was in violation of one of the conditions Furthermore, the value of the land mortgaged for securing the Loan was over-stated to show the same as proper security. 3. After investigation the police submitted charge-sheet against the petitioners and others on sections 420/1..Category: Anti-Corruption Laws | Date: | Hits: 75
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
.... (Taka Twenty Thousand) as recurring compensation per month till the possession was delivered to her. 2. The property in question was declared vested property. The plaintiff obtained an ex parte decree against the appellants and others in Title suit No. 222 of 1976 for declaration that s......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)
....llowing appeal and setting aside the judgment and order date 28-12-88 passed by the Administrative Tribunal Dhaka in Tribunal Case No. 90 of 1987 allowing the appellant’s application in part, directing the respondents to r the appellant’s period service as Upper Division Assist......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
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 ......, namely Md. Abdus Sattar and Md. Zahidul Huq were arrested by the police in connection with the aforesaid case. On 16-10-91 the petitioners filed an application before the Magistrate for stopping investigation under sub-section (5) of section 167 Cr. P. C. and releasing them under sub-section (..Category: Criminal Law | Date: | Hits: 87
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....s of the Union, found 6/7 persons moving suspiciously on the road of Bogalia Amishapara at village Paschim Doupatpur towards the west Kalikapur (Khelafat Bazar) on 18-9-91 at about 8 PM. The patrol party rounded them up, but some of the suspiciously moving persons escaped with ants after a scuff...... and a knife measuring 11 inches was recovered from the possession of Anwarullah. Begumganj PS Case No.20 dated 19-9-91 was started on the FIR against the appellant and Anwarullah. The police after investigation submitted charge-sheet against both of them on 3-12-91. The appellant obtained bail f..Category: Criminal Law | Date: | Hits: 98
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 ......titioner upon an FIR lodged by one Md. Chhanaullah, Management Consultant of ACME Laboratories Ltd. Dhaka lodged with Kotwali Police Station, Dhaka was named as an accused in the charge-sheet after investigation under section 420 of the Penal Code, section 24 of the Drugs Act, 1930 and section 2..Category: Criminal Law | Date: | Hits: 99
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....Wahab, younger brother of the husband of the writ petitioner. 2. It was alleged in the writ petition that the detenu is a small businessman aged about 28 years, unattached with any political party. He was arrested by the police on 31-1-95 in connection with Motijheel PS Case No. 85 (1)95 u......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)
....ceeding under section 144 of the Code of Criminal Procedure and Ultimately the Upazila Magistrate dismissed that case on 10-6-85 with the observation that the dispute should be resolved between the parties in the civil Court; that thereafter the defendants again conspired to cut and take away fo......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
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....them in respect of the eastern half thereof. The plaintiffs wanted to, sell the said portion of the holding and the defendant agreed to purchase the same for Taka 20,000.00. It was agreed between the parties that the plaintiffs would execute the kabala but the defendant would pay the entire consider...... 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
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... a1ia that the High Court Division in another writ petition stayed the operation of the order by which the Ad-hoc Managing Committee had been constituted and, as such, there was no alternative on the part of the Deputy Commissioner, Dhaka but to allow him to continue in service after 31-8-95. 5. ...... 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
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....Abdul Gafur, Advocate-on-Record— For Respondent No. 2 (In both the appeals). Abated Vide Order dated 16-6-92. — For Respondent Nos 18&19 (In both the appeals). Ex parte—Respondent Nos. 1, 3-17 and 20-25 (In both the Appeals). Civil Appeal Nos. 16 &a......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ..Category: Property Law | Date: | Hits: 60
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
.... 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 1992. After hearing both the parties and considering the relevant provision of law, the learned District Judge dismissed the Mis......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 ..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....ul Alam Chowdhury, Advocate-on-Record—For the Appellants. Md. Shamsul Alam, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 1. Ex-parte — Respondent Nos. 2 & 3. Civil Appeal No. 63 of 1995. (From the judgm......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... said deed defendant No. 2 entered into three separate agreements for sale in respect of 3.38 acres of the land in suit with defendant Nos. 4-9 and delivered possession there of in their favour in part performance of the contracts. Since then defendants No. 4-9 had been in possession of the said...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..Category: Procedural Law | Date: | Hits: 140
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....affirmed by the judgment and orders dated 24-8-89 passed by the Additional District Judge, Kushtia in Tide Appeal No. 58 of 1986. 2. Plaintiff-respondents filed the aforesaid suit for partition claiming 12 annas 10 ½ paisa share in the Suit property stating, inter alia, that ......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....Bash Mahal by inviting tender it could not act arbitrarily by rejecting all the tenders or by not offering to the highest bidder to purchase at the enhanced price which might have been offered by a party who did not take part in the tender. He has submitted that the petitioner invoked the writ ju......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)
....aw, it cannot also be properly said that the application filed beyond 60 days is barred by limitation. The revisional court is to look into the question whether there has been gross negligence on the part of the petitioner or an inordinate delay in moving such revisional application. The appellantâ€......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
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....d the High Court Division in revision and obtained a Rule in Civil Revision No. 1366 of 1992. A learned Single Judge, by the impugned judgment and order dated 29 April, 1993, upon hearing the parties discharged the Rule holding that in enforcing a decree for money the Court may on the pray...... 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 ..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
....lenged an order dated 18-10-95 as contained in Annexure-1 passed by the Government withdrawing the investigation of Madaripur Police Station Case No.7 dated 7-3-95 from the Criminal Investigation Department (CID) before the High Court Division Writ Petition No. 2647 of 1995. A Division Benc...... Judgment: Latifur Rahman J: The accused-petitions challenged an order dated 18-10-95 as contained in Annexure-1 passed by the Government withdrawing the investigation of Madaripur Police Station Case No.7 dated 7-3-95 from the Criminal Investigation De..Category: Criminal Law | Date: | Hits: 78
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....983) by which the expression ‘school’ is excluded from the definition of ‘any authority’. The learned Judge has not at all considered whether a secondary school fits in that part of the definition of ‘local authority’ as has been underlined by him. The question......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
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