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Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....h bonafide possession of a third party dispossessed in execution of a decree and the third party, if successful, must be put into possession.” 4. In such view of the matter, the Rule was discharged, that is to say, the rejection of the payer for temporary injunction was affirm......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ..Category: Property Law | Date: | Hits: 64
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....s pending before the High Court Division, Mr. M Shamsul Alam, Deputy Attorney-General appearing’ on behalf of the State submitted that he had instruction from the Government not to press this Rule as the Government do not like to proceed with the same. Accordingly, the Rule was discharged ...... 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 ..Category: Criminal Law | Date: | Hits: 63
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
....e Tribunal and did not pursue the same after several adjournments and finally the same was dismissed for default on 30-6-96. In Revision, a learned Single Judge of the High Court Division made the Rule absolute and restored the appeal to its file and number subject to payment of Taka 5,000.00 to......ibunal and did not pursue the same after several adjournments and finally the same was dismissed for default on 30-6-96. In Revision, a learned Single Judge of the High Court Division made the Rule absolute and restored the appeal to its file and number subject to payment of Taka 5,000.00 to the ..Category: Others | Date: | Hits: 87
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....sp; Latifur Rahman J: This appeal by Government of Bangladesh-appellant is directed against the judgment and order dated 22-6-93 passed by the High Court Division making the Rule absolute in Writ Petition No. 1477 of 1988, thereby declaring the enlistment of the disputed b......bsp; Latifur Rahman J: This appeal by Government of Bangladesh-appellant is directed against the judgment and order dated 22-6-93 passed by the High Court Division making the Rule absolute in Writ Petition No. 1477 of 1988, thereby declaring the enlistment of the disputed buildi..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....accused-appellant following leave is directed against the judgment and order dated 29-8-95 passed by a Division Bench of the High Court Division in Criminal Revision No. 290 of 1991 discharging the Rule of quashing the proceedings in OR Case No. 835 of 1984 arising out of Kotwali PS Case No. 11 ......n inquiry into any offence referred to section 195, sub-section (1) clauses (b) and (c) when the offence appears to have ‘been committed in relation to a proceeding in that court. Thus it is absolutely clear that unless the document is filed in court, the court cannot make a complaint. In ..Category: Criminal Law | Date: | Hits: 72
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....r. The defendants challenged the appellate decision in Civil Revision No. 1993 of 1996 and a Division Bench of the High Court Division heard the matter on merit in their absence and discharges the Rule by its judgment and order dated 13 November 1996. The petitioners thereupon filed the aforesai......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 ..Category: Property Law | Date: | Hits: 71
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
.... 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 High Court Division discharging the Rule in Criminal Revision No. 246 of 1989, and thereby refusing to quash the criminal proceeding pen......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 ..Category: Anti-Corruption Laws | Date: | Hits: 75
Category: Others | Date: | Hits: 128
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....sp; 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 which a Rule sought to be obtained by the plaintiff- petitioner-respondent was not pressed, yet, as prayed ......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 ..Category: Procedural Law | Date: | Hits: 98
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ribunal Case. 3. The Post Master General, C Circle, Dhaka, respondent No. 2 by filing a written objection contested the case by contending that the dismissal order was passed properly under Rule 25(2) (3) of the Government Servants (Discipline and Appeal) Rules, 1985 and, as such, the cas......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)
....-73, 13-8-73, 11-3-74, 4-6- 76, 14-10-84 and 7-4-87, Ministry of Finance Memos dated 15 9-79 and 1-1-84, the meaning of the word equivalent from Law Lexicon, the Bangladesh Civil Service Seniority Rules 1983, and two unreported decisions of this Division in the case of Chairman, T&T Board vs......er section 4 or 5 thereof. The appellant therefore lost all the privileges and rights that he enjoyed under the National Grade and Scale of Pay introduced from 1-7-73. From 1-7-77 his position was absolutely different. 15. The absorption of surplus public servants was made from time to ti..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
.... 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 Court Division in Criminal Misc. Case No. 552 of 1997 making the Rule absolute and granting bail to the accused respondent, Mrs. Jobaida Rashid, pending disposal of ...... Afzal CJ. - State is seeking leave to appeal from judgment and order dated 23 March, 1997 passed by a Division Bench of the High Court Division in Criminal Misc. Case No. 552 of 1997 making the Rule absolute and granting bail to the accused respondent, Mrs. Jobaida Rashid, pending disposal of Sessi..Category: Criminal Law | Date: | Hits: 115
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
....ted 18.2.92 passed by a Single Bench of the High Court Division rejecting the application for reviewing its Judgment and Order dated 12.11.91 passed in Civil Revision No. 1136 of 1990 discharging the Rule. 2. Predecessor of respondent Nos. 1-5 as plaintiff No. 1 and respondent No. 6 as plaintiff ...... 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 ..Category: Property Law | Date: | Hits: 63
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
....pholding the order of the Magistrate. Thereafter the petitioners moved the High Court Division under section 561A Cr. P. C. for quashing the proceeding of the aforesaid OR Case, and obtained Rule, Criminal Revision No. 382 of 1992. A Division Bench of the High Court Division by the impugne...... 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
Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
....Powers Act and fixed 16-4-90 for witnesses. 2. The petitioner filed Criminal Revision No. 288 of 1990 under Section 561 A Cr. P. C. for quashing the said criminal proceedings and obtained a Rule, but a Division Bench of the High Court Division by judgment and order dated 9-7-95 discharged...... 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 ..Category: Criminal Law | Date: | Hits: 99
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....etention were served on him. On 16-2-95 the Government extended the earlier order of detention for further 3 months under section 3(3) of the said Act. The writ petitioner thereafter obtained the Rule Nisi in February, 1995, but the order of detention was extended thereafter from time to time a......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 ..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....bsp; 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 Division in Civil Revision No. 384 of 1990 discharging the Rule and upholding thereby the judgment and decree passed on October 11, 1989 by the learned Subord......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 ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....Roy Choudhury J: This appeal by leave is directed against the judgment and order dated 4 November 1992 passed by a Single Bench of the High Court Division in Civil Revision No. 51 of 1991, making the Rule absolute and restoring the judgment and decree dated 3 January 1987 passed by the Additional Mu......houdhury J: This appeal by leave is directed against the judgment and order dated 4 November 1992 passed by a Single Bench of the High Court Division in Civil Revision No. 51 of 1991, making the Rule absolute and restoring the judgment and decree dated 3 January 1987 passed by the Additional Munsif,..Category: Tenancy Law | Date: | Hits: 88