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Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)

.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......om the Judgment and Order dated 10-5-94 passed by the High Court Division in Writ Petition No.720 of 1994). Judgment:       Mustafa Kamal J: This appeal by leave by the convicted-appellant is from the judgment and order of a Division Bench of the High Cou..

Category: Criminal Law | Date: | Hits: 98

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. ...... Civil Appeal No. 15 of 1996 (From the Judgment and order dated 31-7-94 passed by the Administrative Appellate Tribunal in Appeal No. 59 of 1993) Judgment Mustafa Kamal J. - This appeal by leave by the petitioner-appellant is from the Judgment and order dated 31-7-94 passed by the Adminis..

Category: Administrative Law | Date: | Hits: 131

Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)

....mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......al whereupon he took an appeal and the Appellate Tribunal substituted the order of dismissal with an order of compulsory retirement with all benefits as per rules. The petitioner’s prayer for leave to appeal from the appellate order also proved unsuccessful and now this petition for review..

Category: Administrative Law | Date: | Hits: 112

Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)

.... 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 ......ion 23 of the Drugs (Control) Ordinance, 1982(Ordinance No. VIII of 1982), the accused- petitioner’s contention has no basis. 3. The accused-petitioner has preferred this petition for leave to appeal from the said judgment and order of the High Court Division. 4. Mr. MA Wahha..

Category: Criminal Law | Date: | Hits: 99

Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)

....ourt shall take cognizance of, and have jurisdiction to try, an offence punishable under the said Ordinance only upon a complaint in writing made by such person as the Government may, by a general or special order, authorise in this behalf (section 26(3)). 4. In this case, an individual has comp......Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ..

Category: Criminal Law | Date: | Hits: 149

Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....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 ...... the Judgment and Order dated 4-4-95 passed  by the High Court Division in Writ Petition No. 478 of 1995). Judgment:       Mustafa Kamal J: This appeal by leave by the writ petitioner is from the judgment and order dated 4-4-95 passed by a Division Bench..

Category: Criminal Law | Date: | Hits: 99

Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)

....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 ......the Judgment and Order dated 11-5-93 passed by the High Court Division in Civil Revision Case No. 348 of 1990). Judgment:       Md. Abdur Rouf J: This appeal by leave by the plaintiffs is from the judgment and order dated May, 11, 1993 passed by the High Court..

Category: Property Law | Date: | Hits: 79

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 ......3 of 1993 (From the judgment and order dated 4 November 1992 passed by the High Court Division in Criminal Miscellaneous Case No. 4024 of 1996) Judgment: BB Roy Choudhury J: This appeal by leave is directed against the judgment and order dated 4 November 1992 passed by a Single Bench of t..

Category: Tenancy Law | Date: | Hits: 88

Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)

.... 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. ...... Leave to Appeal No. 606 of 1996 (From the judgment and order dated 2-8-96 passed by the High Court Division in Writ Petition No. 1320 of 1996) Judgment Md. Abdur Rouf J.- This petition for leave to appeal by respondent No. 8—petitioner is from the judgment and order dated 20.8-96 passed..

Category: Constitutional Law | Date: | Hits: 163

Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)

....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 ......a Bench, in Second Appeal. Nos. 1 156 and 1095 of 1964 respectively) Judgment      Bimalendu Bikash Roy Choudhury J.- The suit out of which these two appeals arise by leave was instituted in the First Court of Munsif, Chandpur by Md. Akramuddin Mia alias Kala Mia, p..

Category: Property Law | Date: | Hits: 60

Secretary, Ministry of Education, Govt. of the People’s Republic of Bangladesh & ors Vs. Md. Anwar Hossain & ors, 1996, 25 CLC (AD)

.... 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. ......1. Civil Appeal No. 68 of 1992 (From the judgment and order dated 31-7-1990 passed by the High Court Division in Writ Petition No. 389 of 1986). Judgment Md. Abdur Rouf J.- This appeal by leave is from the judgment and order passed by a Division Bench of the High Court Division on July 3..

Category: Employment/Service Law | Date: | Hits: 95

Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)

....ontract between the vendor and the plaintiff and direct the subsequent transferee to join in the conveyance so as to pass on the title which resides in him to the plaintiff. He does not join in any special covenants made between the plaintiff and his vendor; all he does is to pass on his title to......m the judgment and order dated 4 April 1996 passed by the High Court Division in Civil Order No. 944 of 1996). Judgment:       BB Roy Choudhury J: This petition for leave to appeal arises out of a suit for specific performance of a contract for sale of certain lan..

Category: Property Law | Date: | Hits: 73

Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)

....gh Court Division gave a wrong interpretation of section 5 of the Act without considering the object and purpose of the Act. The proviso to section 5 of the Act, it was submitted, merely saves the special provisions and methods for realisation of loan by financial institutions provided by laws b...... Civil Revision No. 1419 of 1993). Judgment                    ATM Afzal CJ.- This appeal, by leave, by the Bangladesh House Building Finance Corporation from judgment and order dated 5 January..

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 ......From the judgment and order dated 8 June 1995 passed by the High Court Division, Dhaka in FA No. 79 of 1993). Judgment       BB Roy Chowdhury J.- This appeal by leave is directed against the judgment and order dated 8 June 1995 passed by a Division Bench of th..

Category: Property Law | Date: | Hits: 82

Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)

.... 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 ......ka in Civil Revision No. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka). Judgment      Bimalendu Bikash Roy Chowdhury J: This appeal by the defendants, following leave, is directed against the judgment and order dated 18 April 1993 passed by a learned Single Ju..

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 ......d order dated July 8, 1996 passed by the High Court Division in Writ Petition No. 64 of 1994) Judgment       Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal is directed against the judgment and order dated 8 July, 1996 passed by a Division ..

Category: Property Law | Date: | Hits: 72

Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)

....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 ...... (From the Judgment and order dated 4-2-93 passed by the High Court Division in Civil Revision No. 497 of 1990). Judgment:      Mustafa Kamal J: This appeal by leave by the defendant-appellants is from the judgment and order dated 4-2-93 passed by a learned S..

Category: Property Law | Date: | Hits: 77

Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)

....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 ......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 ..

Category: Constitutional Law | Date: | Hits: 149

Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)

....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. ......bsp; 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).  Judgment: Md. Abdur Rouf J: This appeal by leave by the convict-appellant is from the judgment and order dated 27-11-94 passed by a Single Benc..

Category: Criminal Law | Date: | Hits: 78

Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)

....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 ......he High Court Division in Appeal from Original decree  No.  1741 of 1981). Judgment       ATM Afzal CJ.- This appeal by the plaintiff, following leave, is directed against the judgment and degree dated 13 March, 1989 passed by a Division Bench ..

Category: Property Law | Date: | Hits: 72