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Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....He was in England from July, 1987 to October, 1990. He came to know about the case after the appellate judgment was passed on 12-5-91. As such, he should be allowed to cross-examine the PWs in the interest of justice. 5. By an order dated 15-5-94 the Additional District Magistrat......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)
....ein a true copy of the order dated 8-11-86 passed by Mr. HM Ershad, Chief Martial Law Administrator was quoted showing that he was dismissed from service under Martial Law Order No.9 of 1982 in the interest of Government with immediate effect. 3. The respondent challenged the said ......ribunal 44 DLR (AD) 239; Asma Jalani vs. Government of Punjab PLD 1972 (SC) 139; Khandaker Ehteshamuddin Ahmed @ lqbal vs. Bangladesh 33 DLR (AD) 154; Helaluddin Ahmed vs. Bangladesh 45 DLR (AD) 1; State vs. Zia-ur-Rahman PLD 1973 (SC) 49; Federation of Pakistan vs. Saeed Ahmed PLD 1974 (SC) 151..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....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. ......entrusted by the Government with control or management of any municipal or local funds do not come within the scope of this rule.” All lands in a Native State which a Railway Company intends to relinquish should be made over to the State through the ..Category: Administrative Law | Date: | Hits: 130
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....from Kali Prashad Chakraborty and others, ex-landlords of Nayasarak, Sylhet. On the death of his father the petitioner became an owner thereof along with the co-sharers. They had no rent-receiving interest. During the survey settlement made under the State Acquisition and Tenancy Act, 1950 the s...... Government of Bangladesh and others…………………………Respondents Judgment August 27, 1996. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Sections 43(2) & 44(3) Publica..Category: Property Law | Date: | Hits: 90
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
.... others……………Respondents Judgment August 26, 1997. The Constitution of Bangladesh, 1972, Article 102 The writ petitioner has been able to make out a case that its own private interest is so overwhelming that public interest should be subordinated thereto by issuing an interi......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)
....ong that it will outweigh the consideration of sub-clause (a) or (b) of clause (4). Generally speaking, impeding the assessment and collection of public revenues is otherwise harmful to the public interest. In cases where no jurisdictional issues are involved and when the manufacturer, trader or...... Assistant Collector of Central Excise, Chandan Nagar, West Bengal vs. Dunlop India Ltd AIR 1985 (SC) 330, Siliguri Municipality vs Amalendu Das AIR 1984 (SC) 653; Titaghur Paper Mills Co. Ltd. State of Orissa vs. AIR 1983 (SC) 603; Union of India vs. Oswal Woollen Mills Ltd. AIR 1984 (SC) 12..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....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. ...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Showkat Hossain Akanda Chowdhury…………………….Accused-Petitioner Vs. State………………… Respondent Judgment ..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....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. ...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khandoker Saiful Islam…………………….Petitioner Vs. State……………………………&hellip..Category: Criminal Law | Date: | Hits: 96
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......l) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Mahbubul Alam …………….. Accused-Petitioner Vs. State ……………... Respondent Judgment January 8, 1997. The Prevention of Corrupt..Category: Anti-Corruption Laws | Date: | Hits: 81
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
.... trial Court found the accused persons guilty of the charges and convicted and sentenced them as aforesaid. 7. On appeal the High Court Division took the view that PWs 1-3 are highly interested in the case. PWs 7-9, on whom the trial Court relied cannot be said to have corroborate......stafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Altaf Hossain…………..Accused-Appellant Vs. State…………….Respondent Judgment November 1..Category: Criminal Law | Date: | Hits: 104
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ..Category: Others | Date: | Hits: 122
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......uddin Sekander ……………….Appellant Bernhard Rudigar and another……………….. Appellants Vs. State……............Respondent Judgment February 17, 1997. ..Category: Criminal Law | Date: | Hits: 130
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....power line within seventeen hours in the manner not helping restoration of the power in the cooling plants is no restoration in the eye of law. The plaintiff appellant is entitled to the statutory interest under section 47B of the Insurance Act 1938 and the High Court Division not granting the s......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 147
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......hellip;……………………..… Pre-emptees-Respondents [In Civil Petition No. 579 of 1994] Judgment July 9, 1995. The State Acquisition and Tenancy Act, 1950, (XXVIII of 1951), Section 96 Pre-emptor was not a ..Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......esent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abul Hossain Mollah alias Abu Mollah……………..Appellant Vs. State………………..Respondent Judgment May 4, 1997. The Penal Code, 1860 (XLV of ..Category: Anti-Corruption Laws | Date: | Hits: 71
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....he death of Nimai Chand the plaintiff who happens to be his only son got the property by way of inheritance. He has since been in possession of the said land. The defendants have no right, title or interest therein. However, they managed to have the said land recorded in their names on the plea t......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
....that the plaintiff is a co-sharer in the case property. The suit was dismissed by the trail Court but on appeal, Title Appeal No. 1 of 1985, the suit was decreed. Mohammad Ali (Ratan) purchased the interest of Soleman and possession of the case property. That case was also contested by the Gover...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..Category: Property Law | Date: | Hits: 58
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......M Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Huq alias Md. Nurul Hoque…………………………..Petitioner Vs. State……………………………...Respondent Judgment June 4, 1997. Result: The..Category: Criminal Law | Date: | Hits: 95
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... their father they have been possessing the suit land by bargaders for more than 12 years and thereby they have acquired title to the suit land by adverse possession also. During SA operation 8 annas interest of the suit land was wrongly recorded in the name of their uncle Haji Abdullah who on sever...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ..Category: Property Law | Date: | Hits: 93