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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. ......itation. Mr. Hussain finally submitted that the High Court Division on the face of such finding of fraud by the trial Court, wrongly upheld the trial Court’s judgment and order upon taking an absolutely erroneous view that without holding an inquiry to fix up the liability of the person wh..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....2 against the Trial Court’s decree. 3. Respondent No.4, the General Manager, Western Zone, Rangpur on 22-12-84 initiated a departmental proceeding against respondent No.1 under Rule 4(3) of the Government Servants (Discipline and Appeal) Rules, 1984, briefly, 1984 Rules, char......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)
....ndents preferred Civil Revision No. 718 of 1988. In the said civil revision there was no appearance on behalf of the present petitioners. A learned Single Judge of the High Court Division made the Rule absolute after setting aside the judgment and decree of the lower appellate and Court and rest......s preferred Civil Revision No. 718 of 1988. In the said civil revision there was no appearance on behalf of the present petitioners. A learned Single Judge of the High Court Division made the Rule absolute after setting aside the judgment and decree of the lower appellate and Court and restored ..Category: Civil Law | Date: | Hits: 150
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....rit Petition No.3 of 1989 (Comilla)/Writ Petition No.1950 of 1991 (Dhaka) and Writ Petition No.2 of 1989 (Comilla) Writ Petition No.1949 of 1991 (Dhaka) allowing the two writ petitions, making the Rules absolute declaring Certificate Case Nos.318 and 319 of 1986-87 and notice issued under sectio......tition No.3 of 1989 (Comilla)/Writ Petition No.1950 of 1991 (Dhaka) and Writ Petition No.2 of 1989 (Comilla) Writ Petition No.1949 of 1991 (Dhaka) allowing the two writ petitions, making the Rules absolute declaring Certificate Case Nos.318 and 319 of 1986-87 and notice issued under section 10A ..Category: Business or Commercial Law | Date: | Hits: 150
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....।” Defendant No.1 challenged the legality of the order in Civil Revision No. 366 of 1991. A Division Bench of the High Court Division, by its judgment and other dated 9 December 1996, made the Rule absolute and set aside the order of mandatory injunction. While passing a lengthy judgment the ...... Defendant No.1 challenged the legality of the order in Civil Revision No. 366 of 1991. A Division Bench of the High Court Division, by its judgment and other dated 9 December 1996, made the Rule absolute and set aside the order of mandatory injunction. While passing a lengthy judgment the learn..Category: Property Law | Date: | Hits: 101
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
.... and order dated 24-5-93 passed by a Division Bench of the High Court Division in Civil Revision No.7253 of 1991 (Dhaka) originally filed as Civil Revision No.663 of 1988 (Rangpur) discharging the Rule with modification after affirming the judgment and decree of the District Judge, Gaibandha in ......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. ...... 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. ..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. ......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. ..Category: Procedural Law | Date: | Hits: 94
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....der section 561A Cr. P. C. for quashing the proceeding and a Division Bench of the High Court Division by the impugned judgment and order quashed the proceeding of the aforesaid GR Case making the Rule absolute. 4. Mr. Abdus Salam Khan, learned Counsel appearing for the petitioner......section 561A Cr. P. C. for quashing the proceeding and a Division Bench of the High Court Division by the impugned judgment and order quashed the proceeding of the aforesaid GR Case making the Rule absolute. 4. Mr. Abdus Salam Khan, learned Counsel appearing for the petitioner, sub..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....bsp; 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 Writ Bench of the High Court Division making the Rule Nisi absolute in Writ Petition No. 1870 of 1991. 2. The respondent as writ-peti...... 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 Writ Bench of the High Court Division making the Rule Nisi absolute in Writ Petition No. 1870 of 1991. 2. The respondent as writ-petitioner fil..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....ff-respondents, set aside those of the learned Subordinate Judge and decreed the suit. 7. Leave was granted to consider (i) whether the High Court Division erred in not holding that Rule 135 of the Land Acquisition Manual was binding upon the appellant since violation of the same ......on Act 1894 for the purpose of the Railway. Section 16 of the Act provides that when the Collector has made an award under section 11 he may take possession of the land which shall there upon vest absolutely in the Government free from all encumbrances. The suit land having thus vested in the Go..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....g aggrieved by the said order moved the High Court Division in revision, Civil Revision No. 7342 of 1991, and a Single Judge, by the impugned judgment and order dated 30th August, 1993 discharged the Rule issued earlier upon merely endorsing the view of the learned Assistant Judge that the proposed ...... 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. ..Category: Procedural Law | Date: | Hits: 149
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
.... learned Subordinate Judge rejected by an order dated 3-10-89. The said defendant unsuccessfully challenged the said order of the learned Subordinate Judge in Civil Revision 1359 of 1989 in which the Rule was discharged by a Division Bench of the High Court Division, judgment and order dated 11-6-96......ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ..Category: Property Law | Date: | Hits: 91
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....; 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 the High Court Division discharging the Rule issued in Writ Petition No. 27 of 1990 filed by the petitioner. 2. The subject-matter......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. ..Category: Property Law | Date: | Hits: 90
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
.... Division with an application under section 115 of the Code of Civil Procedure, being Civil Revision No. 1216 of 1997 against the said order. A learned Single Judge of the said Court discharged the Rule, by his order dated May 1997, on the view that the revision case was incompetent, as the plai......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. ..Category: Procedural Law | Date: | Hits: 109
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....petition for leave to appeal by the writ petitioner is from an interlocutory order dated 4-8-97 passed by a Division Bench of the High Court Division vacating the order of stay dated 14-7-97 when the Rule Nisi was issued, upon an application by the Government-respondents. 2. A tender was floa......Mahbubuddin Ahmed, learned Counsel for the writ petitioner, draws our attention to the statements made in the leave petition namely, that the allegations of complications in the delivery of wheat are absolutely false. A vessel named MV Almi arrived at outer anchorage on 15-7-97 and discharged wheat ..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)
....ds on 24-6-97 and the said provision for supplementary duties and development surcharge will be effective from 1-7-97.” 3. A Division Bench of the High Court Division issued Rule Nisi in the writ petition on 7-7-97 and passed an interim order directing the respondents of t...... where no jurisdictional issues are involved and when the manufacturer, trader or importer usually passes on the burden of new, additional or increased indirect taxation to the consumers, there is absolutely no justification to protect their temporary private interest by an interim order, impedi..Category: Criminal Law | Date: | Hits: 119
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......e accused petitioner then released the victim who fell down on the ground. The convicted accused Ismail Hossain then dealt a blow with a dagger on the left side of the chest of Kadem Ali. There is absolutely no evidence that Kadem All was also fighting with a weapon in his hand. 11..Category: Criminal Law | Date: | Hits: 96
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....4 of 1994 ) Judgment Mustafa Kamal J.- This petition for leave to appeal by the petitioner is from the making the rule absolute in part in relation to two forfeited books and discharging the Rule in part in relation to six forfeited books. 2. Eight books written by the petitioner were ......assed by the High Court Division in Criminal Miscellaneous Case No. 464 of 1994 ) Judgment Mustafa Kamal J.- This petition for leave to appeal by the petitioner is from the making the rule absolute in part in relation to two forfeited books and discharging the Rule in part in relation to ..Category: Others | Date: | Hits: 122
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