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Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
....vision (Criminal) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudur Rahman J Mahmudul Amin Choudhury J Mirza Abdul Hakim, son of Jamal Mondal and others……….. Appellants Vs State &hel......dentify a suspected person and to ascertain whether there is sufficient evidence to place him on trial. A Magistrate is chosen merely as a person whose impartiality and honesty is less likely to be called into question by defence when the case is under trial. 7. It may be noted here that......As the dacoits could not be identified by name they were not named in the First Information Report. Subsequently aft submission of the charge sheet these appellants along with others were placed on trial before the learned Additional District Magistrate, Bogra who convicted and sentenced the app......inal) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudur Rahman J Mahmudul Amin Choudhury J Mirza Abdul Hakim, son of Jamal Mondal and others……….. Appellants Vs State ………..Category: Criminal Law | Date: | Hits: 92
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....cember 8, 1999. Result: The two appeals are allowed The Customs Act, 1969 (IV of 1969), Section 25 (7) In fixing tariff value by the Government on the recommendation of a high powered advisory committee such committee does not possess any unfettered, unlimited and absolutely arbitrary di....... The High Court Division further held that in view of the fact that a high-powered committee reviewed tariff value from time to time the fixation of tariff value at US $ 220 per metric ton cannot be called an arbitrary decision. The Division Bench desired that the National Board of Revenue should f...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......ported in: 52 DLR (AD) (2000) 1. ..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....it Petition No. 449 of 1994). Judgment ATM Afzal CJ. - This appeal by leave is from judgment and order dated 24 August, 1994 passed by a writ bench of the High Court Division making the Rule absolute in Writ Petition No. 449 of 1994 filed by the respondent against the appellants. 2. The re......ould make a representation; it must not be vague or indefinite and that the grounds must be relatable to existing facts. The principle of a meaningful show cause has been highlighted when a person is called upon to meet or explain some charges brought against him. 17. In not giving specific facts......ained leave to appeal submitting that the High Court Division misinterpreted the scheme of the Ordinance and failed to see that under section 26 provision was made for constituting special Courts for trial of offences under the Ordinance whereas section 14(1) expressly confers upon the Government th......D) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
AKM Jamaluddin & others Vs. Mantu Lal Majumder, 1997, 26 CLC (AD)
....been restored on payment of compensatory cost to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ......t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ......y be restored to its file. 2. On the plaintiff-petitioner’ revision, Civil Revision No. 117 of 1993, a Division Bench of the High Court Division found that the procedure adopted by the trial Court will encourage the filing of spurious medical certificates. The doctor who granted the......ructed by Abul Quasem, Advocate-on-Record — For Sit Petitioners. Not represented—Respondent. Civil Petition for Leave to Appeal No. 803 of 1994. (From the Judgment and Order dated 11-894 passed by the High Court Division in Civil Revision No. 117 of 1993). ..Category: Procedural Law | Date: | Hits: 118
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....ispute that payment of rent by the tenant beyond It stipulated date would make him a defaulter but he contends that acceptance of the same by the landlord would exonerate the default. We do not think so. A tenant who has failed to pay rent within the date stipulated in the agreement or in the absenc......t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ......ion, Title Suit No. 146 of 1990 of the First Court of Assistant Judge, Khulna, filed by the plaintiff-respondent alleging default in payment of rent and bonafide requirement, which was decreed by the trial Court, and the same was affirmed in appeal and then in revision taken by the petitioner. Now t......cted by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner. Not represented—The Respondent. Civil Petition for Leave to Appeal No. 50 of 1997. (From the judgment and order dated July 2, 1996 passed by the High Court Division, Dhaka in Civil Revision No. 2342 of ..Category: Tenancy Law | Date: | Hits: 70
Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)
.... ATM Afzal CJ: The two accused-petitioners were convicted under section 376 of the Penal Code and sentenced to rigorous imprisonment for 6 months and a fine of TK 5,000.00 each, in default to rigorous imprisonment for two mo...... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ...... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ......ion (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BR Roy Choudhury J Sorbesh Ali and anr ……..Accused-Petitioners &nbs..Category: Criminal Law | Date: | Hits: 53
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....suit was decreed on compromise on 121191 and in execution of the said decree Title Execution Case No 2 of 1991 the petitioner got possession of the disputed property on 18 2 94 On 1394 the predecessor of respondent Nos. 1(a) 1(f), Krishnadhan Banik, who was not a party to Title Suit No. 17 of 19......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......an Banik, from taking delivery of possession of the property in execution of the judgment and order passed in Miscellaneous Case No 6 of 1994. As already noticed the prayer was rejected both by the trial Court and the appellate Court. 3. The High Court Division upon noticing the pro......sp; Vs. Krishnadhan Banik being dead, his heirs Bijan Kumar Banik and others………….Respondent Judgment March 24th,..Category: Property Law | Date: | Hits: 64
Nur Islam (Md) Vs. Agrani Bank, 1995, 24 CLC (AD)
....petitioner Money Suit No. 9 of 1992 was tiled in the Court of Artha Rin Adalat and Subordinate Judge, Jamalpur, by the respondent Agrani Bank, Jamalpur, for realisation of its dues of Taka 3 lakh and some odd. The suit was decreed ex parte on 30 August 1993 whereupon the petitioner filed an applicat...... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. ......it was decreed ex parte on 30 August 1993 whereupon the petitioner filed an application under section 151 CPC for setting aside the decree on the ground of fraud. This application was rejected by the trial Court on the ground of non-maintainability, in that alternative remedy by way of an applicatio......e Court, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — the Respondent. Civil Petition for Leave to Appeal No. 343 of 1994. (From the Judgment and order dated 27-2-1994 passed by the High Court Division in Civil Order No. 1074 of 1994. Jud..Category: Civil Law | Date: | Hits: 120
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....iled another revisional, Criminal Revision No. 450 of 1996, challenging the same order of the Tribunal dated 3-6-95, refusing to give consent to withdrawal of the case against the petitioners and also the order dated 3-7-96 passed by the High Court Division discharge the earlier Rule for non-pros...... 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 ...... Comilla and at that stage an application under section 494 of the Code of Criminal Procedure was filed by the Public Prosecutor for withdrawal of the case against 43 persons out of 62 accused. The trial Judge found that 37 accused persons were absconding and the Court issued warrant of arrest, ......Supreme Court Appellate Division (Criminal) ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Abdul Khaleque and Others………………..Petitioners &n..Category: Criminal Law | Date: | Hits: 63
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....n is seeking leave to appeal. 2. The suit was filed on the averments, inter alia that the suit property was recorded in the name of plaintiff’s father Abdul Aziz as the forcible possessor since 1956. One Md. Ibrahim was the tenant under Abdul Majid, grand-father of the plaintiff and......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 ......1-5-1989, a earned Single Judge of the High Court Division in Civil Revision No. 146 of 1989 (Sylhet), re-numbered as Civil Revision No. 1618 of 1991 (Dhaka) affirmed the judgment and order of the trial Court. The defendant being aggrieved by the impugned judgment of the High Court Division is s...... Mustafa Kamal J Latifur Rahman J Abdur Rouf (Md)…………… …………….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respondent Judgment ..Category: Property Law | Date: | Hits: 61
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....ong comprising of top lands measuring 0.68 acres acquired from the owners thereof by registered kabalas of various dates from 16-1-85 to 20-6-85 as well as of foreshore land leased out to him in Eksona Lease Case No. 5 of 1984-85 measuring 5.0 acres containing a renewal clause at the option of t......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 ......oast or offshore. The alleged claim of the plaintiff is false, malicious and frivolous and they are the creation of the enemies of defendant-appellants No, 1 whose status in the society as an industrialist is envied by many including the plaintiff. The defendants have been illegally and wrongly ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin &..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
....n summarily relying upon the case of Kehar Singh and others vs. State, AIR 1988 (SC) 1838. 4. As the complaint is well-founded and the Judgment of the High Court Division is bereft of any reason of its own justifying the summary dismissal of the writ petition, we allowed Mr. Khan Saifur R...... 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 ......section 9(2) of the Code of Criminal Procedure dated 3-3-97, published in the Bangladesh Gazette on 4-3-97, the Government directed that the Court of Sessions, Dhaka shall hold its sitting for the trial of Sessions Case No. 319 of 1997 arising out of Dhanmondi PS Case No. 10 (10)96 under Dhaka M......lved: Khan Saifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record — For the Petitioner. KS Nabi, Attorney General, (Abdul Wadud Bhuiyan, Additional Attorney-General and Shar Chaklader, Assistant Attorney-General with him), instructed by Mvi Md Wahidullah, Advocat..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....ndent from the charge of murder and grievous hurt passed by a Division Bench of the High Court Division by the impugned judgment and order dated 13 August, 1995 in Criminal Appeal No. 258 of 1992, some important questions of principle relating to disposal of a criminal appeal have been raised on......nd the grounds on which such opinions are held, may be proved by the production of such treatises if the author is dead or cannot be found, or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable: ......entre in the afternoon and took up investigation of the case and ultimately submitted charge sheet against 16 accused including the respondent. 5. However, 19 persons were ultimately put on trial before the Sessions Judge, Barguna in ST Case No. 22 of 1991. Charge under sections 302/326/1......ttorney-General, instructed by Mvi Md. Wahidullah, Advocate-on-Record- For the Appellant. Abdus Sobhan, Advocate, instructed by M Nawab Ali, Advocate-on-Record—For Respondent. Khandker Mahbub Hossain, Senior Advocate instructed by Shamsul Haque Siddique, Advocate- on-Record&m..Category: Criminal Law | Date: | Hits: 77
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ismissed on 16.3-93. Against that judgment and order the petitioner preferred Administrative Appellate Tribunal Appeal No. 18 of 1993 before the Administrative Appellate Tribunal and the same was also dismissed by the Administrative Appellate Tribunal by its order dated 6-1-94. The petitioner bei......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 ......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 ...... Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, and others …………….Respondents Judgment ..Category: Administrative Law | Date: | Hits: 120
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....ty which was not a vested property. Subsequently upon further litigations which went upto the Appellate Division plaintiffs title to the suit property was established unassailably. The plaintiff also brought a suit for possession of the property on the basis of her title being Title Suit No. 35 ......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 ......ot fit for human habitation. 3. The defendant appellants contested the suit contending that the claim of the plaintiff was untrue and that they were all imaginary with no basis at all. The trial Court dismissed the suit after finding that the plaintiff claims were based on surmise and co...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara Begum&helli..Category: Property Law | Date: | Hits: 72
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....fzal CJ. - State is seeking leave to appeal from judgment and order dated 23 March, 1997 passed by a Division Bench of the High Court Division in Criminal Misc. Case No. 552 of 1997 making the Rule absolute and granting bail to the accused respondent, Mrs. Jobaida Rashid, pending disposal of Session......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......9 of 1997 in the Court of the Sessions Judge, Dhaka. 2. The respondent is the wife of the absconding accused Lt. Cot. Khondker Abdur Rashid. who along with the respondent and many others is facing trial in the aforesaid Sessions Case which arose out of Dhanmondi PS Case No. 10(10) 96 (OR Case No.......he Petitioner. 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...Category: Criminal Law | Date: | Hits: 115
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....h 7, 1996 passed by the High Court Division, Dhaka in Criminal Revision No. 2399 of 1991 (Dhaka)1278 of 1988 (Rajshahi). Judgment: ATM Afzal CJ: The petitioners are some of the accused facing trial for an offence of murder in Sessions Case No. 11 of 1987 in the Co......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 ......h Court Division, Dhaka in Criminal Revision No. 2399 of 1991 (Dhaka)1278 of 1988 (Rajshahi). Judgment: ATM Afzal CJ: The petitioners are some of the accused facing trial for an offence of murder in Sessions Case No. 11 of 1987 in the Court of the Session Judge, T......vision (Criminal) Present: ATM Afzal, CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Alimuddin and others………………. Petitioners Vs. State &he..Category: Criminal Law | Date: | Hits: 74
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
....y a Single Bench of the High Court Division rejecting the application for reviewing its Judgment and Order dated 12.11.91 passed in Civil Revision No. 1136 of 1990 discharging the Rule. 2. Predecessor of respondent Nos. 1-5 as plaintiff No. 1 and respondent No. 6 as plaintiff No. 2 brought SCC Su...... 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 ......e a ground for review. 6. Mr. Miah Abdul Gafur, learned Advocate on-Record appearing for the petitioners sought to reagitate his submissions he had made before the High Court Division, namely, the trial Court tenancy right in the suit premises ceased and that the decreed the suit on the ground th......7) 116 ..Category: Property Law | Date: | Hits: 63
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....) 111 ...... 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 ......et against both of them on 3-12-91. The appellant obtained bail from the Thana Magistrate, Begumganj. The case was then sent to the Court of Senior Special Tribunal and Sessions Judge, Noakhali for trial where it was numbered as Special Tribunal Case No. 21 of 1992. Charge was framed against the ......lip;…………………………….. Appellant vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another…………….. Respondents Judgment April 9th, ..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....d Office, Agrani Bank, respondent No. 2 was departmentally proceeded against by a charge-sheet dated 8-11-77 following which he was dismissed from service on 16-2-79, an appeal from which order was also rejected by the Chairman. Board of Directors of the said Bank on 21-12-81. He filed Title Suit No......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......ss appeal. The respondent’s appeal was dismissed and the appellant’s cross-appeal was allowed by judgment and decree dated 28-4-86 passed by the 3rd Court of Additional District Judge, Dhaka. The trial Court’s decree was modified thereby. The decree of loss of 3 years’ seniority in service w......d in: 49 DLR (AD) (1997) 109. ..Category: Administrative Law | Date: | Hits: 131
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