Search Options
Judgment Advanced Search
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....llowing the well-settled proposition that an executing Court cannot go behind the decree. The said decisions, in the first 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. ......d 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-section (5) of section 16 of the Family Courts ..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... 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 ...... Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-On-Record— For the Petitioner Syed Ziaul Karim, Advocate (appeared with the leave of the Court), instructed by Md. Nawab Ali, Advocate-On- Record —For Respondent No. 1 ..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......Division Dhaka in Writ Petition No. 1950 of 1992). Judgment ATM Afzal CJ.- This appeal by leave from an order dated 31st May 1992 passed by Division Bench of the High Court Division rejecte..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
....ion are pending we refrain from touching upon the merit of the case. 5. Usually this Division is reluctant to interfere with an interlocutory order passed by the High Court Division, especially when such order is passed upon hearing both the sides and in exercise of its discretion, ......on 21-1-96. Against the order of staying the operation of the impugned order of temporary mandatory injunction pending disposal of the Rule by the High Court Division the petitioner has sought for leave by this petition. 2. Syed Ishtiaq Ahmed learned counsel appearing for the petitione..Category: Procedural Law | Date: | Hits: 122
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......bsp; 509 of 1995. Judgment: Md. Abdur Rouf J: Petitioner, an ex- Economic Councilor for Bangladesh, posted at Bangladesh Embassy in Stockholm has sought leave to appeal from the judgment and order passed on August 3 1995 by the Administrative Appellate..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
.... As the expression “any authority” falls in the inclusive definition of the local authority it cannot be said that “any authority” does not include the school in question, specially in absence of any explicit language in the Ordinance by which the expression “Scho......ivision, Dhaka in Writ Petition No. 21 of 1995). Judgment: ATM Afzal CJ: The moot question in this appeal by leave is whether the High Court Division is right in holding that a recognised non-government secon..Category: Others | Date: | Hits: 85
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....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 ......neous No. 2113 of 1994) 49 DLR (AD)(1 997). Judgment: Latifur Rahman J: This criminal appeal by leave at the instance of the two witness-appellant directed against the judgment and order dated 3l..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....al and disposal of the same. The case remained pending there and on 4-9-85 the Chairman of the Special Martial Law Court recorded an order that the Court felt that the case be re-investigated by a special combined investigation team and a request was made to the Martial Law authority for arrangi......minal Appeal No. 328 of 1986). Judgment: ATM Afzal CJ: This is an appeal by the State, following leave, from the judgment and order dated 23rd August, 1990 passed by a Division Bench of the High C..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... merit of the matter.” 12. In view of our finding on the question of maintainability of the case itself, it is not at all necessary to enter into the grounds on which initially leave was granted. Accordingly, the appeal is allowed without any order as to costs. ..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ational activities and has gained widespread recognition both at home and aboard. BELA being an Association of Lawyers has been raising the legality of the FAP activities on all available occasions, especially as an invited panel speaker in the Second Conference on the Flood: Action Plan held at ......the people on terms expressed by the Constitution: Per Mustafa Kamal J delivering The Full Court Judgment. (42) Interpretation of Bangladesh Constitution It is constitutionally impermissible to leave out of consideration Part II of our Constitution when an interpretation of Article 102 needs g..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....ff for making an application under the Code of Civil Procedure to have his legal representative party in any legal proceedings. 12. The Code of Civil Procedure does not prescribe any special form for making such application for substitution. But as a matter of practice such applica...... in Civil Revision No. 51 of 1988). Judgment Mohammad Abdur Rouf J.- This appeal, following leave, has been preferred by the heirs of deceased sole plaintiff, Munshi Abdul Khair Faraji ..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......e appeal, however, allowed on contest by the Appellate Tribunal by its Judgment and order dated 25-6-96 and thereby petitioner’s case was dismissed. 6. The petitioner now seeks leave from the said Judgement of Administrative Appellate Tribunal. 7. Mr. Md. Mozaf..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ...... Lawyers Involved: SR Pal, Senior Advocate, instructed Sharifuddin Chaklader, Advocate-on-Record - the Petitioner. Not represented—the Respondents. Civil Petition for leave to Appeal No. 571 of 1997. (From the Judgment and order dated 17-2-97 passed by the H..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......vision in First Misc. Appeal No. 416 of 1990). Judgment Mohammad Abdur Rouf J.- This appeal, by leave by the Government of Bangladesh, defendant No.5 and the Joint Secretary, Ministry of Works an..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
.....1 guilty of the charge of misconduct and the concerned authority on 17-7-86 issued the second show cause notice together with the enquiry report to respondent No.1 by registered and as well as by special messenger for his personal service, but he refused to receive the same. Then consideration ......l No. 65 of 1991). Judgment Mohammad Abdur Rouf J.- This appeal, by leave by the Government of Bangladesh, is from the Judgment and order dated 13-8-92 passed by the A..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......on Bench of the High Court Division which heard the matters dismissed the appeals by the judgments and orders dated 11 January 1998. Being aggrieved the petitioner has presented Civil Petition for leave to appeal Nos. 183 and 184 of 1998. 2. Leave to appeal is sought, the principa..Category: Property Law | Date: | Hits: 87
Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)
.... having been exercised judiciously there is nothing for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ......was finally disposed of by a learned Single Judge of the High Court Division on 9-11-94. The learned Single Judge rejected the application. Hence, the defendant-petitioners filed this petition for leave to appeal against the defendant-petitioners. Suit was decreed by the trial Court. Against the..Category: Civil Law | Date: | Hits: 150
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ues can be made under the Public Demands Recovery Act. Section 10A was inserted by the Bengal Public Demands Recovery (Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XXXV of 1961) wherein special provision was incorporated for recovery of dues in respect of Bangladesh Krishi Bank includ......0 of 1991 (Dhaka) and Writ Petition No.2 of 1989 (Comilla), Writ Petition No.1949 of 1991 (Dhaka). Judgment Latifur Rahman J.- These two appeals by leave at the instance of Bangladesh Krishi Bank are against a common judgment and order passed by D..Category: Business or Commercial Law | Date: | Hits: 150
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ...... from which the plaintiffs were said to have been dispossessed nor was there any clear finding as to the portion of the land to which the possession would be restored. 4. The plaintiffs now seek leave to appeal therefrom. 5. It has been urged before us that the trial Court, considering the ..Category: Property Law | Date: | Hits: 101