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Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... 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 ...... 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 ...... 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)
.... Government of the People’s Republic of Bangladesh and others………… Respondents Judgment November 20, 1996. Result: The petition is dismissed. Lawyers Involved: Zakir Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate. on-Record — For the Petitioner. Syed...... 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. ...... headquarters or its Ad-hoc Managing Committee under regulation 8(2)(a)(i) the Deputy Commissioner (respondent No. 3) or an Additional Deputy Commissioner or Magistrate or Upazila (now thana) Nirbahi Officer, nominated by the Deputy Commissioner shall be the Chairman of such Committee. 8. Evident..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....dar vs. Idris Ali Bepari, 11 DLR 169; Abdur Rahman vs. Haji Ranga Laskar, 15 DLR 274; Altafur Rahman vs. Tamijur Rahman 30 DLR (SC) 236. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, Mahbuby Alam, Advocate with him, instructed by Sajjadul Huq, Advocate-on-Record &m......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 ......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
....ly 8, 1996.
Result:
The appeal is dismissed.
Lawyers Involved:
AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—— For the Appellants.
SS Halder, Senior Advocate, Supreme Court, instructed by Ranesh Chandra Maitra, Advocate- on-Record— For the ...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
...... the said School by another unanimous resolution dated 2-5-84 proposed to shift the school near the upazila complex site at village Alampur. The Deputy Commissioner, Sirajganj and the Upazila Nirbahi Officer also worked in favour of shifting the school at its new site. The Assistant Inspector of sch..
Category: Employment/Service Law | Date: | Hits: 95
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
.... Vs. Jahan Ara Akhtar & others …………………Respondents Judgment July 22, 1996. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, Shaheed Alam, Advocate with him instructed by Md. Sajjadul Huq, Advocate-on-Record......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 ......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)
....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 ......er itself defeats justice. Ends of justice can never be the caprice or sweet will of a court. The court must proceed on sound principles. Benjamin Cardozo’s famous words in The Nature of the Judicial Process, Yale University Press, 1921, are apt in this connection which runs as follows: ......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)
....ain vs. Mohammad Hadi (1898) LR 26 IA 38; Jaydayal Poddar vs. Bibi Hazra (1974) 2 SCR 90; Mohammad Sadeq Ali Khan vs. Fakhr Jahan Begum (1932) 59 IA (PC) 1. Lawyers Involved: SR Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Appellant......nt No. 1. Both the trial Court and the appellate Court were therefore called upon to determine whether the transactions were benami or not. The law of benami transaction has long been settled. The Judicial Committee of the Privy Council in Gopeekrist Gossain vs. Gungapershad Gossain (1854) 6 MM 5...... 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
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......was refused by the petitioners in spite of tender of the consideration in accordance with the terms of the agreements. Respondent Nos. 1 and 2 thereupon filed 5 Redemption Cases before the Revenue Officer, Pirojpur under section 95(4)(5) read with section 95A of the State Acquisition and Tenancy..Category: Property Law | Date: | Hits: 72
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....gment January 21st, 1997 Case Referred to- Food Corpn. of India vs. Kamdhenu Cattle Feed Industries, AIR 1993 SC 1601. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (Sayyid Shahid Hussain, Advocate with him) instructed by Md. Aftab Hossain, Advoca......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 ...... among other alleged that after opening of the bids on 24-10-96 respondent No. 5, Sylhet Pulp and Paper Mills, at the instigation of the failed tenders wrote to respondent No. 4, Divisional Forest Officer, requesting sale of the disputed Bash Mohal to them at Taka 2,85, 19,750.00 i.e. Taka 2 1,8..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....nvict-Appellant Vs. State and another ……………….Respondents Judgment August 11, 1996. Result: The Appeal is allowed. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appell......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. ......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
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....hellip;………………………….Respondents Judgment July 25, 1996. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, MA Wahab Miah, Advocate with him, instructed by Sharifuddin Chaklader, Advocate-on......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......ssioner (Welfare), Mymensingh asserting her title to the suit property and seeking aid for getting possession by evicting the plaintiff. Defendant No. 4 sent the petition to the Sub-Divisional Officer, Sadar (North), who in his turn deputed a Magistrate for necessary action. After enquiry t..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....and it will be seen at the end that the question, not a very difficult one, has been answered correctly. 2. The appellant as plaintiff instituted Family Suit No. 35 of 1988 in the Family Court (Senior Assistant Judge, Sadar, Comilla) claiming dower and maintenance from the defendant-responden...... 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 ...... 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)
....y, Ministry of Home Affairs, Government of Bangladesh and others …….Respondents Judgment August 11th, 1996 Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-On-Record— For the Petitioner ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......f legal proceeding, inter alia, means in English Law where actions are brought to an end without any decision being arrived at on account of the cause of action ceasing to exist (Vide Aiyar’s Judicial Dictionary, 9th Ed. 1984, p.3). Abatement which ensued following proclamation of Martial ......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... Chamber of Commerce and Industry and another…………... Defendant Judgment January 16th, 1996. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Rokonuddin Mahmood, Senior Advocate with him) instructed by Shamsul Hoque Siddiqu...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ..Category: Procedural Law | Date: | Hits: 122
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....h and others…….………………..Respondent Judgment 15th, November 1995 Lawyers Involved: Md. Awlad Ali Senior Advocate, instructed Md. Sajjadul Huq, Advocate-on Record—For the Petitioner. R......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
.... (SC) 888; Panchkaxi Halder vs. Puma Chandra Halder 1984(2) CU 89; AISSE Assocn, vs. Defence Minister -cum - Chairman, BOG, SS Socy., AIR 1989 (SC) 88. Lawyers Involved: TH Khan, Senior Advocate, instructed by Md, Nawab Ali, Advocate-on-Record — For the Appellant. ......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 ......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
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....ts Vs. Mobaswir Ali and others………………..Respondents , Judgment August 20th, 1996 Lawyers Involved: Abdul Malek, Senior Advocate (SK Advocate with him), instructed by Md. Nawab Ali Advocate-on-Record-For the Appe......s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
.... 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Khandaker Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Advocate-on-Record— For the Respondents. ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......two respondents were his colleagues. They used to live in a bachelors’ mess. On 18-7-82 at about 2-00 AM respondent No. 1 Md Golam Mostafa went to the Hajiganj Police Station and informed the Officer-in-Charge that the said Engineer Syed Md. Nuruddin had committed suicide The Officer -in-Ch..Category: Criminal Law | Date: | Hits: 120
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