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Shahidullah (Md) Vs. Md. Yunus and others , 1998, 27 CLC (AD)
....his submission in the appeal for no fault of his own. The petition is disposed of with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 164. ......hould allow it provided the allegation is found to be correct. Nobody should suffer for any wrong done or omission made by a court …………………(3) Lawyers Involved: Mahbubey Alam, Advocate instructed Chowdhury Md. Zahangir, Advocate-on-..Category: Procedural Law | Date: | Hits: 94
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....der section 561A Cr. P. C. for quashing the proceeding and a Division Bench of the High Court Division by the impugned judgment and order quashed the proceeding of the aforesaid GR Case making the Rule absolute. 4. Mr. Abdus Salam Khan, learned Counsel appearing for the petitioner......nitial deception has been alleged in the F.I.R. The learned Judges of the High Court Division rightly quashed the proceeding……………………(5) Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Mvi Md Wahidullah, Advo..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....bsp; ATM Afzal CJ.- This appeal, by leave, at the instance of the Government, is from judgment and order dated 12 May, 1997 passed by a Writ Bench of the High Court Division making the Rule Nisi absolute in Writ Petition No. 1870 of 1991. 2. The respondent as writ-peti....... Saeed Ahmed PLD 1974 (SC) 151; Pakistan vs. AV Issacs 11 DLR (SC) 371; Jeevaratnam vs. State of Madras AIR 1966 (SC) 951 and Fauzi Foundation vs. Shamimur Rahman PLD 1983 (SC) 457. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney- General (M Farooq, Deputy Attorn..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....ff-respondents, set aside those of the learned Subordinate Judge and decreed the suit. 7. Leave was granted to consider (i) whether the High Court Division erred in not holding that Rule 135 of the Land Acquisition Manual was binding upon the appellant since violation of the same ......he Railway Administration could not make any contract with respect to the same as this will plainly offend section 23 of the Contract Act……………….(12) Lawyers Involved: Shaheed Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Reco..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....g aggrieved by the said order moved the High Court Division in revision, Civil Revision No. 7342 of 1991, and a Single Judge, by the impugned judgment and order dated 30th August, 1993 discharged the Rule issued earlier upon merely endorsing the view of the learned Assistant Judge that the proposed ......of the record from the appellate court to pass a decree in terms of the compromise petition and the High Court Division was not justified in upholding the amendment ………………(9 & 10) Lawyers Involved: SS Halder, Senior Advocate, instructed by Nawab Ali, Advocate-on-Record-For th..Category: Procedural Law | Date: | Hits: 149
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
.... learned Subordinate Judge rejected by an order dated 3-10-89. The said defendant unsuccessfully challenged the said order of the learned Subordinate Judge in Civil Revision 1359 of 1989 in which the Rule was discharged by a Division Bench of the High Court Division, judgment and order dated 11-6-96...... Ordinance is available to an aggrieved person only after his eviction by the Deputy Commissioner concerned has taken place. Section 64 does not give an aggrieved person a remedy before eviction. Lawyers Involved: Md. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Re..Category: Property Law | Date: | Hits: 91
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....; Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal is from the judgment and order dated 5 August 1990 passed by a Division Bench of the High Court Division discharging the Rule issued in Writ Petition No. 27 of 1990 filed by the petitioner. 2. The subject-matter......n & another 22 DLR (Dhaka) 191, Province of East Pakistan vs. Secretary, Muktagacha Abbasia Senior Madrassa, 16 DLR (SC) 281, Shah Md. Elias vs. Province of East Pakistan, 17 DLR 277. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advoc..Category: Property Law | Date: | Hits: 90
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
.... Division with an application under section 115 of the Code of Civil Procedure, being Civil Revision No. 1216 of 1997 against the said order. A learned Single Judge of the said Court discharged the Rule, by his order dated May 1997, on the view that the revision case was incompetent, as the plai...... of the revisional power under section 115 of the Civil Procedure Code is a discretionary one. Where alternative remedy is available, discretionary power is not to be exercised…..(3) Lawyers Involved: SK Afzalur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate-on-R..Category: Procedural Law | Date: | Hits: 109
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....petition for leave to appeal by the writ petitioner is from an interlocutory order dated 4-8-97 passed by a Division Bench of the High Court Division vacating the order of stay dated 14-7-97 when the Rule Nisi was issued, upon an application by the Government-respondents. 2. A tender was floa......rs is a matter relating to public interest and it cannot be stopped even for a moment unless the public interest is shown to be subjugated to the private interest of the writ petitioner…….(6) Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain..Category: Others | Date: | Hits: 113
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......or its management. The High Court Division having found, apparent breach of section 95 in holding the impugned meeting granted the temporary injunction. No illegality in the order…………(12)
Lawyers Involved:
Moudud Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....ds on 24-6-97 and the said provision for supplementary duties and development surcharge will be effective from 1-7-97.” 3. A Division Bench of the High Court Division issued Rule Nisi in the writ petition on 7-7-97 and passed an interim order directing the respondents of t......tta Hardware Stores and others, AIR 1986 (SC) 614 and Bank of Maharashtra vs. Race Shipping Transport Co Pvt. Ltd. and another, AIR 1995 (SC) 1368. , Gosling vs. Veley 12 QB 328 (407). Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate..Category: Criminal Law | Date: | Hits: 119
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. ......uence of such assault the High Court Division was not wrong in holding that the accused petitioner exceeded his right of private defence………………(8-12) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Shamsul Haque Siddique, Advoc..Category: Criminal Law | Date: | Hits: 96
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....4 of 1994 ) Judgment Mustafa Kamal J.- This petition for leave to appeal by the petitioner is from the making the rule absolute in part in relation to two forfeited books and discharging the Rule in part in relation to six forfeited books. 2. Eight books written by the petitioner were ......n sub-section (1) of section 99A there is no ground to interfere with its decision. Case Referred to- The Working Muslim Mission & Literary Trust, Lahore vs. The Crown, 8 DLR (FC) 110. Lawyers Involved: Md. Abdur Rashid, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record..Category: Others | Date: | Hits: 122
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....airman took a revision to the High Court Division, Civil Revision No.1178 of 1993, against the said decree and a learned Single Judge by the impugned judgment and order dated 9 July, 1997 made the Rule absolute and set aside the concurrent decree. 4. It appears from the impugned j......mber thereof. The petitioner under the rule is not exempted from issuance of such a notice himself being an employee of the Union Parishad……………….(5) Lawyers Involved: Syed Ziaul Karim, Advocate, instructed by Md. Nawab Ali, Advocate-on-Rec..Category: Employment/Service Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....he judgment and order dated December 12, 1994 passed by a single Bench of the High Court Division in Civil revision No. 2170 of 1990. Under section 25 of the Small Causes Courts Act, 1887, making the Rule absolute and reversing the judgment and decree dated September 1, 1990 passed by the learned Su...... Abdus Satter vs. Suresh Das 32 DLR (AD) 170. Haque Brothers Ltd vs. Gulfam Begum in CP No. 314 of 1993(Unreported) , Haque Brother Ltd. vs. Mrs Gulfam Begum CP No. 314 of 1993 (Unreported). Lawyers Involved: Ajmalul Hossain, Advocate instructed Wahidullah, Advocate-on-Record — For ..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....e petitions for leave to appeal are directed against the judgment and order dated 24 February 1996 passed by a Division Bench of the High Court Division in Writ Petition No. 2822 of 1996 making the Rule absolute and declaring Public Notification No. 21(95-96) Import dated 24 January 1996 (Annexu......s Acqua Foods Limited and others……………………………Respondents Judgment December 11th, 1997 Lawyers Involved: Mohammadullah, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Rec..Category: Business or Commercial Law | Date: | Hits: 117
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......he ex parte decree on the ground of non-service of summons on the given circumstance is not tenable in law…………………………..(5) Lawyers Involved: Akram Hossain Amin, Advocate-on-Record —For the Petitioner. ..Category: Property Law | Date: | Hits: 74
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....tion, the learned Judges of the High Court Division wrongly held that the underground cable in the premises was part of the power system of PDB upon an erroneous reference to and interpretation of Rules 38 and 39 of the Electricity Rules. He next submits that again having regard to the general e......ivision not granting the same met a mistake. Thus, judgment of the trial court granting the relief be restored. ……………………..(17 & 18) Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advoca..Category: Business or Commercial Law | Date: | Hits: 148
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......s and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be rejected as prayed for. …………(7) Lawyers Involved: Khan Saifur Rahman, Advocate, instructed by Shamsul Hoque Siddique, Adv..Category: Property Law | Date: | Hits: 52
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....71 of the Penal Code and accordingly sentenced him as noted earlier which was affirmed by the lower appellate Court. Thereafter the appellant took a revision in the High Court Division and obtained a Rule, which has been discharged by the impugned judgment and order. 3. Leave was granted to cons......ears of imprisonment, and also considering the circumstance on record, the period of sentence reduced to the period already undergone and remitting the sentence of fine…………………….(5) Lawyers Involved: Kazi Shahadat Hossain, Advocate, instructed by Md. Nawab Ali, Advocate-on-Rec..Category: Anti-Corruption Laws | Date: | Hits: 71
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