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Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......348/109 of the Penal Code pending in the Court of Magistrate First Class, Jhalakati having been summarily rejected by a Division Bench of the High Court Division on 20 August 1997 he is now seeking leave to appeal from the order. 2. The complaint case briefly, is that the petitione..Category: Criminal Law | Date: | Hits: 79
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ......first part of his order, namely, accepting the charge-sheet with sections 326 and 307 of the Penal Code. 4. Mr. ABM Nurul Islam, learned Advocate for the accused-petitioners, seeking leave to appeal front the impugned order, submits that he does not object to the High Court Divisio..Category: Criminal Law | Date: | Hits: 74
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ...... Civil Appeal No. 62 of 1993. Judgment ATM Afzal CJ.- This appeal, by leave, at the instance of the assessee-company arises out of an Income-tax matter and is directed a..Category: Fiscal/Taxation Law | Date: | Hits: 97
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. ...... Judgment ATM Afzal CJ.- In view of the order we propose to make in this petition for leave to appeal, it will be sufficient to notice that the plaintiff petitioner is making a grievanc..Category: Procedural Law | Date: | Hits: 94
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ......Petition for Leave to Appeal No. 61 of 1996. Judgment Md. Abdur Rout J.- This petition for leave by the informant-petitioner is from the judgment and order dated 2-1-96 of a Division Bench o..Category: Criminal Law | Date: | Hits: 88
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ...... of absconding accused Ramizuddin. 8. It is against the said judgment and order of the High Court Division dated 19-5-96 that the informant-petitioner has preferred this petition for leave to appeal. 9. It has been stated in the petition for leave to appeal that the accuse..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......e on-For the Respondent. Civil Appeal No. 95 of 1997. Judgment 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..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......nts. Civil Appeal No. 11 of 1996. Judgment ATM Afzal CJ.- This appeal, following leave, by the Bangladesh Railway-defendant No.2, is from judgment and decree dated 16 February, 19..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......nt ………………(9 & 10) Lawyers Involved: SS Halder, Senior Advocate, instructed by Nawab Ali, Advocate-on-Record-For the Appellants. Abdul Quayam, Advocate, (appeared with the leave of the Court) instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Respondents. ..Category: Procedural Law | Date: | Hits: 149
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......he High Court Division was summarily rejected by a Division Bench of the High Court Division by judgment and order dated 2-4-98, from which the plaintiff-petitioner has preferred this petition for leave to appeal. 2. The said title suit is for cancellation of a sale deed. One of t..Category: Property Law | Date: | Hits: 71
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....he Civil Court as to whether the provisions of an Act have been complied with or not. Mr. Md. Awlad Ali further reiterates his submission that section 64 of the Waqfs Ordinance gives the petitioner a special remedy under a special statute and, as such, the Suit is impliedly barred. The High Court Di......359 of 1989 in which the Rule was discharged by a Division Bench of the High Court Division, judgment and order dated 11-6-96. 2. The said defendant as petitioner has preferred this petition for leave to appeal from the judgment and order of the High Court Division. 3. Mr. Md Awlad Ali, lea..Category: Property Law | Date: | Hits: 91
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
.... the mother. If the petitioner’s prayer for visitation on the terms prayed for by him is not acceptable to the Family Court there are other methods of allowing the petitioner to see his son. Especially when the suit is pending for the last 2 years and when it does not appear that the trial ...... to Appeal No. 389 of 1996. Judgment Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioner is from the judgment and order of a learned Single Benc..Category: Family Law | Date: | Hits: 156
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......dash; The Respondents. Civil Petition for Leave to Appeal No. 382 of 1996. Judgment 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 t..Category: Property Law | Date: | Hits: 90
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
....cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ......ent, as the plaintiffs not availed themselves of the remedy provided in Order 43, rule 1(r) of the Code of Civil Procedure. 2. The plaintiffs have now presented this petition seeking leave to appeal therefrom. They contend, that having regard to the facts of the case, the High Cou..Category: Procedural Law | Date: | Hits: 109
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ......to Appeal No. 799 of 1997. (From the Judgment and Order dated 4-8-1997 passed by the High Court Division in Writ Petition No. 4638 of 1997). Judgment Mustafa Kamal J.- This petition for leave to appeal by the writ petitioner is from an interlocutory order dated 4-8-97 passed by a Divis..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.......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...
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......lication under clause (1) or sub-clause (a) of clause (2) of Article 102 of the Constitution by the High Court Division was so long prayed for and granted as a matter of course until this appeal by leave by a revenue-earning office of the Government, the Commissioner of Customs, challenging the i..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......, we find, is clearly not sufficient to sustain the conviction. Now that the petitioner has been discharged, we do not like to prolong the matter and add to the number of pending cases by granting leave to appeal in a case where the conviction is found to be unsustainable for lack of requisite e..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....te defence of property and person. The counter case filed against the informant party seven days after the occurrence resulted in the acquittal of the accused informant party. 5. The special defence of the petitioner Khandoker Saiful Islam is that he was neither the owner nor the ......0 years each, upholding the conviction and sentence passed against accused Abdus Samad. 2. Only accused-petitioner Khandoker Saiful Islam has preferred this petition for leave to appeal against the said judgment and order of the High Court Division. 3. S..Category: Criminal Law | Date: | Hits: 96
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