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Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)

.... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......osecution. Criminal Revision No. 450 of 1996 filed by the accused petitioners was summarily rejected on 8-7-96 by a Division Bench of the High Court Division. The accused- petitioners are seeking leave to appeal from the impugned judgment of the High Court Division passed in Criminal Revision N..

Category: Criminal Law | Date: | Hits: 63

Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)

....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......-numbered as Civil Revision No. 1618 of 1991 (Dhaka) affirmed the judgment and order of the trial Court. The defendant being aggrieved by the impugned judgment of the High Court Division is seeking leave to appeal. 2. The suit was filed on the averments, inter alia that the suit property ..

Category: Property Law | Date: | Hits: 61

Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)

.... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ...... and order dated August 20, 1996 passed by the High Court Division in Civil Order No. 2474 of 1996). Judgment:       Latifur Rahman J: This Appeal following leave by the appellant who was an election petitioner, calls in question the judgment and order pas..

Category: Others | Date: | Hits: 87

Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)

....own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......f Taka 470-1135 as Appraisers from the date of their inclusion in Grade-XI i.e with effect from 1-7-77. 6. The learned Advocate at the time of hearing of the appeal also pressed for granting leave, as before the two Tribunals below, that their alternative prayer for reversion to their prev..

Category: Administrative Law | Date: | Hits: 160

Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)

....espect of tortious liability, to put the appeal in its true perspective. 10. Trespass is a wrong in tort to another’s possession and it is actionable per se without proof of actual or special damage, because every person’s land is presumed to be surrounded by a fence, and the ......rder dated 26-1-94 passed by the High Court Division in First Appeal No. 215 of 1990) Judgment:     Mustafa Kamal J: The only point for determination in this appeal by leave by the defendant-appellants is, it being accepted as a concluded question of fact that the d..

Category: Admiralty Law or Maritime Law | Date: | Hits: 213

Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)

.... 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 ...... 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)

....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 ......st 29, 1995 passed by the High Court Division in Criminal Revision No. 290 of 1991). Judgment      Latifur Rahman J.- This appeal by the accused-appellant following leave is directed against the judgment and order dated 29-8-95 passed by a Division Bench of the Hi..

Category: Criminal Law | Date: | Hits: 72

Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)

....o heard the learned Attorney General who entered Caveat on behalf of the State respondent. Section 9(2) of Cr. P. C.  is as follows: “9(2) The Government may, by general or special order in the official Gazette, direct at what place or places the Court of Sessions shall ......time. The writ petition was dismissed summarily by a Division Bench of the High Court Division by judgment and order dated 30-4-97 from which the accused-petitioner has preferred this petition for leave f to appeal. 3. Mr. Khan Saifur Rahman, learned Counsel for the accused-petitioner, ju..

Category: Constitutional Law | Date: | Hits: 179

State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)

....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 ...... and order dated 13-8-95 passed by the High Court Division, Dhaka in Criminal Appeal No. 258 of 1992). Judgment:        ATM Afzal CJ: In this appeal by leave against an order of acquittal of the lone respondent from the charge of murder and grievous h..

Category: Criminal Law | Date: | Hits: 77

Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)

....a port clearance certificate before she is allowed to leave the Port. Under section 24 the Port Authority has, however, been invested with the power of remission of tolls, dues, rates or charges in special cases. We find no provision in the Ordinance which empowers the court to exempt any vessel ......irected against the judgment dated 30 January 1992 of the High Court Division Admiralty jurisdiction passed on compromise in Admiralty Suit No. 27 of 1991 allowing MV Fong Yun (defendant No. 1) to leave the territorial waters of Bangladesh without payment of the dues and our charges of the Port ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 184

Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)

....round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......1997 passed by the High Court Division in Civil Revision No. 1993 0f 1996). Judgment:      Bimalendu Bikash Roy Choudhury J: This petition is by the defendants for leave to appeal from the order dated 26 January 1997 passed by a Division Bench of the High Court ..

Category: Property Law | Date: | Hits: 71

Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)

....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 ......nt and order dated 20 November 1995 passed by the High Court Division in Criminal Revision No. 246 of 1989). Judgment: Bimalendu Bikash Roy Choudhury J: In this petition the petitioners seek leave to appeal from the judgment and order dated 20 November 1995 passed by a Division Bench of the..

Category: Anti-Corruption Laws | Date: | Hits: 75

Chairman, Zilla Chora Chalan Daman Samanaya Committee, Mymensingh and another Vs. Md. Kabirul Islam Beg and 5 others, 1997, 26 CLC (AD)

....igh Court Division they cannot be heard to make any excuse now for their actions. All the petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 131. ...... the respective writ petitions were made absolute and the petitioners were directed to unseal and unlock the Saw Mills of the respondents. 4. The respondents in the writ petitions are now seeking leave to appeal from the impugned judgment. 5. Mr. B Hossain, learned Advocate-on-Record for the..

Category: Others | Date: | Hits: 128

Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)

....nbsp;    Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ......sion in Civil Order No. 2615 of 1995). Judgment:                     Mustafa Kamal J This petition for leave to appeal by defendant-opposite party No. 1 is from the judgment and order dated 9-7-95 in wh..

Category: Procedural Law | Date: | Hits: 98

Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ..

Category: Administrative Law | Date: | Hits: 120

AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)

....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ...... dated 24-6-90 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appeal No. 16 of 1989). Judgment:       Mustafa Kamal J: This appeal by leave by petitioner-appellant is from the judgment and order of the Administrative Appellate Tribun..

Category: Administrative Law | Date: | Hits: 140

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

.... refusal of bail. 8. The learned Attorney-Genet sought permission to allow Mr. Serajul Huq, who has been appointed, a. Special Public Prosecutor in the aforesaid case, to address US because of his special knowledge of the facts of the Case. Attorney-General Submitted that he would make one or two....... 36 of 1997. (From the judgment and order dated 23rd March, 1997 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 552 of 1997). Judgment ATM Afzal CJ. - State is seeking leave to appeal from judgment and order dated 23 March, 1997 passed by a Division Bench of the High ..

Category: Criminal Law | Date: | Hits: 115

Alimuddin and others Vs. State, 1997, 26 CLC (AD)

....e Government do not disown it. This is not to say that any and every official of the Government car perform an act which is required to be performed the Government under any particular law. In tin special facts and the law involved in the case, the application filed by the Public Prosecutor far ......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

Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)

.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ...... for Leave to Appeal No. 176 of 1992. (From the judgment and order dated 18-2-92 passed by the High Court in Civil revision No. 1136 of 1990). Judgment Md. Abdur Rouf J.- This petition for leave, by the defendants, is from the judgment and Order dated 18.2.92 passed by a Single Bench of t..

Category: Property Law | Date: | Hits: 63

AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)

.... 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 ...... 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