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Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....ng an affidavit in-opposition supported by another supplementary affidavit-in opposition contending that the original Owner Md. Yahiya left Bangladesh for Pakistan with members of his family some time in the year 1970 and his whereabouts were not known when President’s Order No. 16 of 197...... 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)
....as been stated that the accused persons create forged deed in respect of the informant’s land l collusion with each other by false personation the informant came to know about the same first time when accused No. 1 Nurul Anwar disclosed about the same in the enquiry made by the Thana Rural......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)
....tting of a particular criminal case at a particular place forsaking the usual place of sitting of the court of Sessions and, secondly, a Court of Sessions cannot have two sitting places at the same time. The writ petition was dismissed summarily by a Division Bench of the High Court Division by j...... 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)
....tance in their grievance, the condemnation turns out to be all round. 2. The least that we can say is that the way in which the appeal has been disposed of is quite unsatisfactory. For some time past it is being noticed that the learned presiding Judge of the Bench concerned, we say with ......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..Category: Criminal Law | Date: | Hits: 77
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....ing to quash the criminal proceeding pending before the Chief Metropolitan Magistrate, Dhaka against them under sections 420/109 of the Penal Code read with sectors 5(2) of Act II, 1947. It is out of time by 4 days. For the explanation offered by the petitioners the delay condoned. 2. On 26 Novem......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..Category: Anti-Corruption Laws | Date: | Hits: 75
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....2-11-76 and on the same day was absorbed as inspector of Taxes in the Office of the Income-tax Commissioner, Dhaka (North Zone) in Central Salary Circle-2 in the same scale of pay as above. At the time of filing the petition before the Administrative Tribunal the appellant serving in the Contrac......pellant joined the Presidents Secretariat in Islamabad on 29-9-70 as an Upper Division Assistant. On return to Bangladesh hews taken in the Ministry of Foreign Affairs in the same post carrying a scale of pay of Taka 310.00-670.00 which was in Grade-Vu of National Scale of Pay His service was ..Category: Administrative Law | Date: | Hits: 140
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....dquo;of which he has charge” which is under enquiry, trial or appeal. Any action taken by the Public Prosecutor, in such I case particularly when a case has been stopped due to expiry of the time-limit (which law has since been repealed) will be deemed to be an ac behalf of the Government ......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
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
....under sub-section (5) of section 167 Cr. P. C. and releasing them under sub-section (7) thereof stating, inter alia , that the investigation of the case could not be completed during the specified time or the extended time. The concerned Magistrate by his order dated 16-10-91 rejected that appli...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ..Category: Criminal Law | Date: | Hits: 87
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....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. ......rd. The appellant then filed case No. 27 of 1989 on 29-1-89 before the Administrative Tribunal. Dhaka, claiming as many as nine reliefs mainly concerning his arrear pay, etc. from 16-2-79 to 13-8-86, scale of pay, promotion and other benefits. The Administrative Tribunal dismissed the appellant’s ..Category: Administrative Law | Date: | Hits: 131
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... detention for further 3 months under section 3(3) of the said Act. The writ petitioner thereafter obtained the Rule Nisi in February, 1995, but the order of detention was extended thereafter from time to time and was lastly extended for another 6 months with effect from 3-9-95 by an order dated......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....action for the suit ordinarily ‘thus, means the cause which leads the plaintiffs to bring a legal action. The incidence of cause of action must be, antecedent to the bringing of the suit at a time when the right to sue arose for the first time. It consists of the entire set of facts which g......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 ..Category: Property Law | Date: | Hits: 79
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....mmittee have challenged the dissolution of the Managing Committee in Writ Petition No. 446 of 1995 and another suit is also pending in that regard in the 3rd Court of Assistant Judge, Dhaka. By that time the petitioner having completed his 60 years of age on 30-8-95 retired from service as the Head...... 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. ..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
.... day the defendant executed an agreement for reconveyance in favour of the plaintiff undertaking to reconvey the said land on repayment of the consideration money by the month of Magh 1365 BS. Some time afterwards the plaintiff executed and registered another kabala in favour of the said defenda......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
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....and executed a bainapatra on receipt of Taka 7700.00 as earnest money. It was stipulated that the kabala would be executed within one year from the date of the agreement. Hemendra Narayan died some time after the execution of the bainapatra. As a result the property devolved on his three sons. On...... 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)
....ns. Mr. Huq has also referred to section 3 of the Act which says that the provisions of the Act, unless there is anything otherwise, will be in addition and not prejudicial to any other law for the time being in force. According to Mr. Huq, the proviso to section 5 is referable only to article 2......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)
....cting Md. Ismail, since deceased, to show cause why the lease deed relating to the aforesaid land should not be cancelled for his failure to make any construction on the land within the stipulated time. The plaintiff as successor showed cause in pursuance thereof. It was represented that Md. Ism......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)
....9 had been in possession of the said lands. They instituted the above mentioned suits for specific performance of the contracts for failure of defendant No. 2 to execute and register the kabalas in time. 6. The learned Munsif disbelieved the plaintiff’s claim and dismissed the suit ...... by Baqar Ali for the daughter of his favourite wife and though there may be no presumption of advancement in such cases in India, very little evidence of intention would be sufficient to turn the scale. The sending of the deed for the inspection of the lady’s father-in-law, which the Chi..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....l amendments of the Act by President’s Order Nos. 88 and 136 of 1972 and No. 24 of 1973, read as follows: 95. (1) Notwithstanding anything contained in any other law for the time being in force, a raiyat shall not enter into any form of usufructuary mortgage other than a ......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 ..Category: Property Law | Date: | Hits: 72
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....retexts. On the 27th Poush, 1397 BS he in presence of local Matabbars again promised to repay the said loan by two instalments by 27th Chaitra 1397 BS. He again failed to repay the same and then took time for 10 days more. Ultimately on the 8th Baishak 1398 BS the appellant in presence of witnesses ......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
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... case which was allowed by the High Court Division and the Rule was discharged on 16-3-92 for non-prosecution. Thereafter on 17-3-92 the respondent filed an application in the execution case, this time under section 16(5) of the Ordinance, praying for monthly instalment alleging that he was a se...... 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
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