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Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
....ddique, Advocate-on-Record— For the Petitioner. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 255 of 1995. (From the judgment and order dated 9-7-95 passed by 2. The petitioner filed Criminal Revision No. the High Court Division in Cr...... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ......rs Involved: MA Wahab Miah, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Petitioner. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 255 of 1995. (From the judgment and order dated 9-7-95 passed by 2..Category: Criminal Law | Date: | Hits: 99
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... M, Shamsul Alam, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocates- on-Record—-For the Respondents. Civil Appeal No. 46 of 1995 (From the Judgment and Order dated 4-4-95 passed by the High Court Division in Writ Petition No. 478 of 1995). Judgme......nu does not appear in the FIR and that in those criminal cases the detenu had obtained bail from the Court of the Chief Metropolitan Magistrate, Dhaka—facts which could not be brought to the notice of the Court at the time of hearing of the Writ Petition. It was urged in the review petitio......n aged about 28 years, unattached with any political party. He was arrested by the police on 31-1-95 in connection with Motijheel PS Case No. 85 (1)95 under section 392 of I the Penal Code and was forwarded to the Chief Metropolitan Magistrate, Dhaka on 1-2-95 and taken into custody in Dhaka Cen..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....Haque Siddique, Advocate- on-Record — For Respondent Nos. 1-8. Not represented — Respondent No. 9. Civil Appeal No. 73 of 1993. (From the Judgment and Order dated 11-5-93 passed by the High Court Division in Civil Revision Case No. 348 of 1990). Judgm......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......of 1986 and setting aside the judgment and decree dated August 3, 1986 passed by the learned Munsif, Gangni decreeing. Title Suit No. 117 of 1985. 2. The plaintiff-appellants instituted the aforesaid suit for declaration of their title to and confirmation of possession in the suit land on ..Category: Property Law | Date: | Hits: 79
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....For the Appellant (In both the appeals) BK Das, Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record— For Respondent No. 2 (In both the appeals). Abated Vide Order dated 16-6-92. — For Respondent Nos 18&19 (In both the appeals). Ex parte—Res......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 ......rise by leave was instituted in the First Court of Munsif, Chandpur by Md. Akramuddin Mia alias Kala Mia, predecessor of the appellants against Md. Torap Ali Patwary, predecessor of the respondents for enforcement of certain contracts for reconveyance relating to two pieces of land described in ..Category: Property Law | Date: | Hits: 60
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....in Chaklader, Advocate-on-Record — For the Petitioners. Not represented—Respondents. Civil Petition for Leave to Appeal No. 249 of 1996 (From the judgment and order dated 4 April 1996 passed by the High Court Division in Civil Order No. 944 of 1996). Judgment......erformance of the said contract. 3. There were several defendants including the petitioners (defendant Nos. 9 and 10) who are the subsequent purchasers of the land from defendant No. 1-with notice of the earlier contract. Defendant No. 1 entered appearance in the suit and filed a written ......IuI Huq and another 26 DLR 247. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record — For the Petitioners. Not represented—Respondents. Civil Petition for Leave to Appeal No. 249 of 1996 (From the judgment and order dated 4 April 1996 passed b..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
.... Dr. Kamal Hossain, Senior Advocate, instructed by Abdul Quasem, Advocate-on-Record — For the Respondents. Civil Appeal No. 54 of 1995 (From the judgment and order dated 5 January, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 1419 of 1993).......Misc. cases pending in the Artha 1 Adalat should be tried and disposed of by that Court. Being aggrieved by the said order the respondents moved the High Court Division in revision and, as already noticed, a Division Bench, by the impugned judgment and order, made the Rule absolute in the revisi...... Bench of the High Court Division in Civil Revision No. 1419 of 1993 making the Rule absolute. Facts of the case, briefly, are that the appellant-Corporation filed five applications before learned District Judge, Tangail under article 27 of the Bangladesh House Building Finance Cor..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)
....Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 1. Ex-parte — Respondent Nos. 2 & 3. Civil Appeal No. 63 of 1995. (From the judgment and order dated 8 June 1995 passed by the High Court Division, Dhaka in FA No. 79 of 1993). Judgment ......iress who is the present plaintiff. The plaintiff obtained succession certificate in respect of the properties left by her mother in Succession Certificate Case No. 629 of 1983. On 2 June, 1986 a notice was published in the daily Ittefaq by the Ministry of Works directing Md. Ismail, since dece......nd measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 years on payment of Taka 9306.00 as salami. Ayesha Bibi was his full sister. Th..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented— Respondent Nos. 2-7. Civil Appeal No. 65 of 1993. (From the judgment and order dated 18 April 1993 passed by the High Court Division, Dhaka in Civil Revision No. 89 of 1987 (Chit......endant No. 1 out of his love and affection for her which was sufficiently indicative that the purchase of the said land was for the benefit of defendant No. 1. But the High Court Division failed to notice the same. 17. In the case of Mohammad Sadiq Ali Khan vs. Fakhr Jahan Begum (1932) 59......ed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....ate-on-Record — For Respondent Nos .1 and 2. Not represented— Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 405 of 1996. (From the Judgment and order dated July 8, 1996 passed by the High Court Division in Writ Petition No. 64 of 1994) Judgment ......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 ...... Haroon-or-Rashid, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For Respondent Nos .1 and 2. Not represented— Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 405 of 1996. (From the Judgment and order dated July 8, 1996 passed b..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....b Hossain Advocate-on-Record--For the Appellants. Miah Abdul Gafur, Advocate-on-Record--For the Respondent No. 1. Civil Appeal No. 3 of 1994 (From the Judgment and order dated 4-2-93 passed by the High Court Division in Civil Revision No. 497 of 1990). Judgment: ......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......der dated 15-2-86, affirmed by the judgment and orders dated 24-8-89 passed by the Additional District Judge, Kushtia in Tide Appeal No. 58 of 1986. 2. Plaintiff-respondents filed the aforesaid suit for partition claiming 12 annas 10 ½ paisa share in the Suit property stating,..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....cate on Record — For the Respondent No. 6. Not represented— Respondent Nos. 1-5. Civil Petition for Leave Appeal No. 49 of 1997. (From the judgment and order dated January 5, 1997 passed by the High Court Division, Dhaka in Writ Petitions No. 182 of 1997) ......i calling upon respondent Nos. 1 to 4 to show cause as to why their action in refusing to allot and sell the Bash Mohal Juri/l/Bash-1997 (Surma Charra) to the petitioner in terms requested by the notice demanding justices shall not be declared to be void being violative of Articles 27 and 31 of...... Petitioner. Abdus Samad, Advocate, instructed by Md, Nawab Ali, Advocate on Record — For the Respondent No. 6. Not represented— Respondent Nos. 1-5. Civil Petition for Leave Appeal No. 49 of 1997. (From the judgment and order dated January 5, 1997 p..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
...., instructed by Mvi. Md. Wahidullah, Advocate-on-Record— For the Respondent No. 1. Not Represented — Respondent No. 2. Criminal Appeal No. 14 of 1996. (From the judgment and order dated 27-11-94 passed by the High Court Division in Criminal-Revision No. 1741 of 1994). ...... of 28 days. 7. It transpires from the order of the trial Magistrate dated 26-5-92 that at the time of granting bail to the appellant for filing appeal against the order of conviction he has noticed that the accused appellant an Ex-Chairman of the Union Parishad was aged about 70 years and ......and sentence passed by the Thana Magistrate, Tarali, in CR Case No. 95 (1)92 convicting the appellant under section 406 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for one year. 2. Relevant facts for the purpose of the disposal of the appeal briefly be na..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....l Huq, Advocate-on-Record—For Respondent No. 1. Not Represented — For the Respondent Nos. 2-5. Civil Appeal No. 42 of 1990. (From the judgment and order dated 13th March, 1989 passed by the High Court Division in Appeal from Original decree No.&n......aintiff had actually taken possession of the suit property in pursuance of the release order made by the Government, although he might have come into possession at a subsequent period. It is to be noticed that the possession taken over by the Government of the property was not under the support ......8 March 1980 passed by the Subordinate Judge, Additional Court, Mymensingh in Other Class Suit No. 270 of 1979 and thereby dismissing the said suit. 2. The plaintiff brought the suit for declaration of his title to the suit land. His case, as disclosed in the plaint, is that defen..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....q, Advocate-on-Record— For the Appellant Miah Abdul Gafur, Advocate-on-Record — For the Respondent Civil Appeal No. 97 of 1993 (From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No. 1366......rst place, are not apt for the present, for we are considering in this case a special statute laying down special provisions relating to judgment and enforcement of decrees. 13. It has been noticed that under the general law the trial Court may allow payment by instalments even after the ......From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No. 1366 of 1992). Judgment: ATM Afzal CJ: The main question raised for decision in this plaintiffs appeal by leave is whether a family court has power under sub-secti..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
....e-On- Record —For Respondent No. 1 Respondent Nos. 2-8-Not represented. Civil Petition for Leave to Appeal No, 345 of 1996 (From the Judgment and order dated 30-6-96 passed by the High Court Division, Dhaka in Writ Petition No. 2647 of 1995). ...... 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 ......e (appeared with the leave of the Court), instructed by Md. Nawab Ali, Advocate-On- Record —For Respondent No. 1 Respondent Nos. 2-8-Not represented. Civil Petition for Leave to Appeal No, 345 of 1996 (From the Judgment and order dated 30-6-96 passed ..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....cted AMM Monzurul Hasan, Advocate-on-Record — the Respondent No. 4. Not represented— Respondent Nos. 1-3. Civil Appeal No. 40 of 1992. (From Judgment and order dated 31st May, 1992 passed by the High Court Division Dhaka in Writ Petition No. 1950 of 1992). ......ition of the appellant had been dismissed. 6. Being aggrieved by the said order the appellant again moved the High Court Division under Article 102 of the Constitution and, as already noticed, a Division Bench by the impugned judgment and order summarily rejected the writ petition.......f CS Plot No. 570 under CS Khatian No. 228 of mouza south Medini Mondal PS Lauhajang, District Munshiganj to the appellant by a registered kabala dated 11-1-1965 corresponding to 27th Poush 1371 BS for consideration of Taka 1,000.00 and handed over possession of the said land to the appellant. On..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
....udge, Pabna Sadar (subsequently transferred to the Court of Senior Assistant Judge, Sujanagar, Pabna and as Other Class Suit No. 157 of 1995) praying for a declaratory decree that the letter dated 15-4-95 issued by the Ministry of Commerce dissolving Executive Committee of Pabna Chamber C...... defendant No. 2 (respondent No. 1 herein) from taking over the charge of the Office of the said Chamber of Commerce and Industry, pending disposal of the suit. The trial Court issued a notice for showing cause within 3 days as to why the temporary injunction as prayed for would not b......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J. Abul Ahsan, former President of the Chamber of Commerce and Industry, Pabna …………&he..Category: Procedural Law | Date: | Hits: 122
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....ed by Md. Aftab Hossain, Advocate-on — For the Respondent No. 1. Not represented—Respondent Nos. 2-11. Civil Appeal No. 60 of 1995. (From the Judgment and order dated April 26, 1995 passed by the High Court Division, Dhaka in Writ Petition No. 21 of 1995). ......1)(b) of the Ordinance of 1961 “I hold that the school is a local authority”. It will be seen that the learned Judge has been suffering from a running misconception in that he failed to notice that section 30 of the Ordinance of 1961 is not at all relevant for a consideration as to w......ice of the Chairman of Hoglapasha Union Parishad within Police Station Morrelgonj, District Bagerhat. It is inter alia, stated that the appellant and one Probir Kumar Halder contested the election for the office of Chairman of the said Union Parishad which took place on 6-2-1992 and the appellan..Category: Others | Date: | Hits: 85
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....que Siddique Advocate-on-Record— For the Respondent No. 8. Not represented — Respondent Nos. 4-7. Criminal Appeal No. 1 of 1996. (From the Judgment and order dated 31 by the High Court Division, in Criminal Miscellaneous No. 2113 of 1994) 49 DLR (AD)(1 997......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 ......e, Sylhet in GR Case No. 77 of 1989 acquitting the accused respondent from charges under sections 107/148/ 149/3241323/307/379 of the Penal Code. 2. One Mokhlesur Rahman lodged a First Information Report on 7-11-86 against the accused- respondents alleging, inter alia, that on 6-11-86..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
.... Khandaker Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Advocate-on-Record— For the Respondents. Criminal Appeal No. 12 of 1992. (From the Judgment and order dated August 23, 1990 passed by the High Court Division, Dhaka in Criminal Appeal No. 328 of 1986)......he end result was that the learned Sessions Judge wrote out a judgment on the basis of the evidence recorded in the Special Martial Law Court and convicted and sentenced the respondents as already noticed before judgment dated 13-9-86). 7. The respondents took the appeal to the Hig......by a Division Bench of the High Court Division in Criminal Appeal No, 328 of 1986 setting aside the order of conviction under section 302 of the Penal Code and sentence thereunder of transportation for life passed against the two respondents by the learned Sessions Judge, Chandpur on 13-9-1986 in..Category: Criminal Law | Date: | Hits: 120
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