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Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)

..... Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—Respondents. Criminal Petition for Leave to Appeal No. 177 of 1996 (From the judgment and order dated August 11, 1996 passed by the High Court Division, Dhaka in Criminal, Revision No. 574 of 199......admissible in law. As to the recognition of the accused, there were other witnesses besides the victim girl and the Courts below have believed their testimony. The learned Magistrate found that the occurrence of rape was proved but he found it improbable that four persons would commit rape one af..

Category: Criminal Law | Date: | Hits: 53

Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)

....Zakir Ahmed, Senior Advocate, instructed Md. Sajjadul Huq, Advocate-on-Record -For the Respondent in both the appeals. Civil Appeal Nos. 48 and 49 of 1993 (From the Judgment and order dated 2-3-93 passed by the High Court Division in Income Tax Reference Application Nos. 30 & 31......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs.   Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ..

Category: Fiscal/Taxation Law | Date: | Hits: 120

Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)

....rd — For the Respondent No. 1. Not represented—Respondent Nos. 2 & 3. Criminal petition for Leave to Appeal No. 143 of 1996.  (From the Judgment and order dated 8-7-96 passed by the High Court Division, Dhaka in Criminal Revision No. 450 of 1996). ...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ..

Category: Criminal Law | Date: | Hits: 63

Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)

....ifuddin Chaklader, Advocate-on-Record—For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 154 of 1995. (From the Judgment and order dated 29-11.94 passed by the High Court Division in Civil Revision No. 1618 of 1991 (Dhaka) 146 of ......tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ..

Category: Property Law | Date: | Hits: 61

Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)

....ant. Md. Nowab Ali, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-4. Civil Appeal No. 58 of 1996. (From the judgment and order dated August 20, 1996 passed by the High Court Division in Civil Order No. 2474 of 1996). Ju...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ..

Category: Others | Date: | Hits: 87

Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)

..... Mahmudul Islam, Senior Advocate, instructed by Md Altaf Hossain, Advocate-on-Record — For Respondent No. 33. Civil Appeal No. 45 of 1995. (From the Judgment and order dated 29-9-93 passed by the Administrative Appellate Tribunal Appeal No. 74 of 1993) Judgment:......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ..

Category: Administrative Law | Date: | Hits: 160

Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)

....te instructed by Mvi Md Wahidullah, Advocate-on-Record--For the Respondents. Not represented—Respondent Nos. 2-3. Civil Appeal No. 45 of 1994 (From the Judgment and Order dated 26-1-94 passed by the High Court Division in First Appeal No. 215 of 1990) Judgment: ......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 213

Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)

...., instructed by Md Nowab Ali, Advocate- on-Record--For the Respondent No. 1 Not represented—Respondent: No. 2 Civil Appeal No. 55 of 1994. (From the judgment and order dated June 22, 1993 passed by the High Court Division in Writ Petition No. 1477 of 1988). Ju...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ..

Category: Property Law | Date: | Hits: 89

Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)

....harifuddin Chaklader, Advocate-on- Record—For the Respondent No. 1. Not represented—Respondent No. 2. Criminal Appeal No. 10 of 1995. (From the judgment and order dated August 29, 1995 passed by the High Court Division in Criminal Revision No. 290 of 1991). ......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ..

Category: Criminal Law | Date: | Hits: 72

Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)

....ey-General with him), instructed by Mvi Md Wahidullah, Advocate-on -Record — For the Respondents. Civil Petition for Leave to Appeal No. 572 of 1997 (From the Judgment and Order dated 30-4-97 passed by the High Court Division in Writ Petition No. 2032 of 1997). Judgment...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ..

Category: Constitutional Law | Date: | Hits: 179

State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)

....in, Senior Advocate instructed by Shamsul Haque Siddique, Advocate- on-Record—For the father of the deceased (PW 6). Criminal Appeal No. 30 of 1996 (From the judgment and order dated 13-8-95 passed by the High Court Division, Dhaka in Criminal Appeal No. 258 of 1992). ......hould hear and dispose of the appeal. We shall therefore briefly refer to the essential facts of the case and indicate the reasons more fully for the observations made before. 3. The alleged occurrence took place at the Heulibunia Government Primary School Poling Centre on 10-2-88 when the..

Category: Criminal Law | Date: | Hits: 77

Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)

....t Nos. 1 & 2. Nawab Ali, Advocate-on-Record-For Respondent No. 7. Ex parte—Respondent Nos. 3-6, 8. Civil Appeal No. 75 of 1992. (From the Judgment and decree dated January 30, 1992 passed by Admiralty Judge of the High Court Division in Admiralty Case No. ......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 184

Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)

....Advocate-on-Record. — For the Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 190 of 1997 (From the judgment and order dated 26 January, 1997 passed by the High Court Division in Civil Revision No. 1993 0f 1996). ......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ..

Category: Property Law | Date: | Hits: 71

Chairman, Zilla Chora Chalan Daman Samanaya Committee, Mymensingh and another Vs. Md. Kabirul Islam Beg and 5 others, 1997, 26 CLC (AD)

....s. 520, 521, 523 of 1994). Civil Petition For Leave to Appeal Nos. 438 & 439 of 1994. with Civil Petition For Leave to Appeal Nos. 520 to 523 of 1994. (From the judgment and order dated 9th May, 1994 passed by the High Court Division, Dhaka in Writ Petition Nos. 1353, 1354,1357,1......igh Court Division they cannot be heard to make any excuse now for their actions. All the petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 131. ..

Category: Others | Date: | Hits: 128

Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)

....man, Advocate-on-Record— For Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 461 of 1995. (From the Judgment and Order dated 9-7-95 passed by the High Court Division in Civil Order No. 2615 of 1995). Judgment: &......nbsp;    Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ..

Category: Procedural Law | Date: | Hits: 98

Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....rd— For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 128 of 1994       (From the Judgment and order dated 6-1-94 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 18 of 1993). ......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ..

Category: Administrative Law | Date: | Hits: 120

AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)

....Wadud Bhuiyan, Additional Attorney General, instructed by Shamsul Haque Siddique Advocate-on-Record—For the Respondents Civil Appeal No 21 of 1993. (From the Judgment and order dated 24-6-90 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appeal No. 1......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

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

....ner. Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-—For the Respondent. Criminal Petition for Leave to Appeal No. 36 of 1997. (From the judgment and order dated 23rd March, 1997 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 552 of 19...... আমার স্ত্রীর" It will be sufficient to observe at this stage that that there is nothing on record except that alleged statement of a co-accused that the real planning for the occurrence was done by the respondent. Even the alleged confession belies the alleged statement. Wit..

Category: Criminal Law | Date: | Hits: 115

Alimuddin and others Vs. State, 1997, 26 CLC (AD)

....nstructed by Shamsul Haque Siddique, Advocate-on-Record. Not Represented — Respondent. Criminal Petition For Leave to Appeal No. 145 of 1996. (From the judgment and order dated March 7, 1996 passed by the High Court Division, Dhaka in Criminal Revision No. 2399 of 1991 ......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

Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)

....bdul Gafur, Advocate-on-Record — For Petitioners. Md. Nowab Ali, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 176 of 1992. (From the judgment and order dated 18-2-92 passed by the High Court in Civil revision No. 1136 of 1990). Judgment Md. Abdu...... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ..

Category: Property Law | Date: | Hits: 63