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

....pondent Nos. 1, 2(a), 3 & 4.  Not represented Respondent Nos. 2, 2(b)-2 (e), 5-17. Civil Petition for Leave to Appeal No. 252 of 1996. (From the Judgment and order dated 7-7-96 passed by the High Court Division in Civil Revision No. 718 of 1998).  Ju...... 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. ..

Category: Civil Law | Date: | Hits: 150

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

....e- on-Record — For Respondent No.1 in both the cases. Ex Parte — Respondent No.2 in both the cases. Civil Appeal Nos. 93 and 94 of 1994 (From the Judgment and order dated 2-12-92 passed by the High Court Division in Writ Petition No.3 of 1989 (Comilla) Wri......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. ..

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

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

....In all the petitions). KS Nabi, Attorney-General —For Respondent No. 2 (In all the petitions). Criminal petition for Leave to Appeal Nos. 52 to 54 of 1998. (From the judgment and order dated December 9, 1997 passed by the High Court Division, Dhaka in Criminal Reference Nos. 1-3 01199......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

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. ......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. ..

Category: Criminal Law | Date: | Hits: 79

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

....e Magistrate concerned on 21-10-96 praying to accept the charge-sheet after substituting section 326 in place of section 325 of the Penal Code.  2. The learned Magistrate by his order dated 15-4-97 treated the application as a Naraji and observed that the charge-sheet was accepted ...... 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. ..

Category: Criminal Law | Date: | Hits: 74

Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)

....                Latifur Rahman J.- This petition by the plaintiff-petitioners is directed against the judgment and order dated 24-5-93 passed by a Division Bench of the High Court Division in Civil Revision No.7253 of 1......d above, we do not find any illegality in the impugned judgment.  The petition is dismissed.  Ed.  This Case is also Reported in: 50 DLR (AD) (1998) 171. ..

Category: Property Law | Date: | Hits: 61

Shahidullah (Md) Vs. Md. Yunus and others , 1998, 27 CLC (AD)

....…………….Respondents Judgment November 16, 1997. The Constitution of Bangladesh, 1972, Article 103 The appeal was heard ahead of the date appearing on the notice for hearing, at detriment of the petitioner. It is a fit case in which......his submission in the appeal for no fault of his own. The petition is disposed of with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 164. ..

Category: Procedural Law | Date: | Hits: 94

Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)

....                 Md. Abdur Rout J.- This petition for leave by the informant-petitioner is from the judgment and order dated 2-1-96 of a Division Bench of the High Court Division passed in Criminal Miscellaneous Case N......n rightly quashed the proceeding. We find no merit in the petition.  The petition is dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ..

Category: Criminal Law | Date: | Hits: 88

Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)

....used-respondent Ramizuddin and others under sections 467/109 of the Penal Code on 6-6-88 by the trial Court. The prosecution witnesses were examined with effect from 14-8-89. By judgment and order dated 30-11-89 the Additional District Magistrate, Sylhet convicted accused-respondent Ramizuddin ......essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ..

Category: Criminal Law | Date: | Hits: 73

Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)

....d by any law nor justified in the facts of the case…………….(24) (iii) An order to be effective must at least be communicated to the person concerned and the date of actual communication is not material for the said purpose. There was no actual communicatio......against him at any time.  For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..

Category: Administrative Law | Date: | Hits: 125

Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)

....sp;              ATM Afzal CJ.- This appeal, following leave, by the Bangladesh Railway-defendant No.2, is from judgment and decree dated 16 February, 1993 by a Division Bench of the High Court Division in First Appeal No. 53 of 1......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..

Category: Administrative Law | Date: | Hits: 130

Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)

....vi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 519 of 1998. (From the Judgment and Order dated 2-4-98 passed by the High Court Division in Civil Revision No. 1219 of 1998). Judgmen......High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ..

Category: Property Law | Date: | Hits: 71

Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)

....bsp;     Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioner is from the judgment and order of a learned Single Bench of the High Court Division dated 20-5-96 rejecting summarily the petitioner’s revisional application Civil Order No. 19...... access to his son during pendency of the suit.  The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ..

Category: Family Law | Date: | Hits: 156

Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)

....) Publication of a notification in the official gazette declaring that a compensation assessment-roll has been finally published for a village or group of villages or local area stating the date of such final publication complying with the provisions of section 43(2). Even if there be any......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ..

Category: Property Law | Date: | Hits: 90

Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)

.... cause notice to the said defendants. In pursuance thereof, the defendants entered appearance and filed a written objection thereto. As no step was taken by the plaintiffs on 12 February 1997, the date fixed for hearing of the matter the application was rejected by the learned Assistant Judge af......cate that the said discretion was properly exercised by him.  This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ..

Category: Procedural Law | Date: | Hits: 109

Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)

....uty Attorney-General with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the respondents. Civil Petition for Leave to Appeal No. 799 of 1997. (From the Judgment and Order dated 4-8-1997 passed by the High Court Division in Writ Petition No. 4638 of 1997). Judgment ......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ..

Category: Others | Date: | Hits: 113

Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)

....rd — For the Appellant.  Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record respondent No. 1.  Dispensed with Court Order dated 18-7-97— Respondent No. 2.  KS Nabi, Attorney-General — Amicus Curia......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..

Category: Criminal Law | Date: | Hits: 119

Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)

....li since acquitted in appeals was charged under sections 467/109 of the Penal Code. The accused-petitioner was found guilty and sentenced to rigorous imprisonment for 7 years by judgment and order dated 30-8-1984. An appeal was taken against the order of conviction and sentence and a Division B......The order of conviction is therefore set aside.  The petition is disposed of in the above terms.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ..

Category: Criminal Law | Date: | Hits: 92

Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)

....e each. Another accused Abdus Samad was convicted under section 323 of the Penal Code and sentenced to suffer RI for 1 month more by the learned Sessions Judge, Gaibandha by his judgment and order dated 18-7-88 in Sessions Case No.4 of 1988. On appeal, Criminal Appeal No. 651 of 1989 a Division......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..

Category: Criminal Law | Date: | Hits: 96

Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)

....s occupation. She refused to pay the same and made a counter claim of Taka 14,72,000.00 on account the rent of and damage to the house, The Cantonment Board, by Memo No. Dha ca. Bo./Ca:Aa:A/16/290 dated 21 September, 1992, ultimately refused to mutate her name in respect the house as required b......sion.  This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..

Category: Property Law | Date: | Hits: 74