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Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)

....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......session under section 9 of the Specific Relief Act, notwithstanding any other title that may be set up in such a suit, the person dispossessed without the consent or otherwise than in due course of law can claim for recovery of the possession. In the present case, the learned Single Judge of the..

Category: Property Law | Date: | Hits: 61

Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)

....own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ...... 2. The present appellants in the said AT Case asked for a declaration that the gradation list of the Appraisers published by the Collector of Customs Chittagong on 26-11-88 was illegal and unlawful They claimed that as per memo of the Board of Revenue dated 21-6-77 and as per the Principal..

Category: Administrative Law | Date: | Hits: 160

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 ......defendant-appellants trespassed into the land of the plaintiff respondent and thus incurred a tortious liability which is actionable per se did the High Court  Division take the right view in law and on facts in assessing the quantum of damages sustained by the plaintiff The plaintiff-respo..

Category: Admiralty Law or Maritime Law | Date: | Hits: 213

Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)

.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......No. 1477 of 1988, thereby declaring the enlistment of the disputed building in the ‘ka’ list of abandoned building vide notification in the Official Gazette dated 23-9-86 to be without lawful authority after setting aside the judgment and order passed by the Court of Settlement on 22..

Category: Property Law | Date: | Hits: 89

Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)

....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......se No. 116 of 1983 in the Court of Upazila Magistrate, Anawara, wherein respondent No. 2 alleged that the said document was fraudulently created, learned Judges of the High Court Division erred in law in not holding that the present case against the appellant and three other accused persons cann..

Category: Criminal Law | Date: | Hits: 72

Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)

.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......pecial order specifically provides. 10. Therefore, without subscribing to the reason or lack of them in the judgment of the High Court Division we find that there is no substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed...

Category: Constitutional Law | Date: | Hits: 179

State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)

....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......mes also by the winning party. Facts of the case sometimes are not even carefully stated, arguments are but little noticed and often the case is decided only upon a dogma unsettling the established law and procedure. This, we must say, is highly undesirable and has a corroding effect on the admi..

Category: Criminal Law | Date: | Hits: 77

Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)

....s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......e dues and our charges of the Port Authority. The appeal is by way of leave under Article 103(3) of the Constitution of the People’s Republic of Bangladesh, which is limited to a question of law. The question involved is whether the learned Admiralty Judge acted beyond his jurisdiction in ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 184

Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)

....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 ......rs, first argues that the High Court Division was wrong in disposing of the revision case on merit in the absence of the learned Advocate for the petitioners. He next argues that the suit is bad in law for non-joinder of party and also for not bringing into hotch potch all the joint properties. ..

Category: Property Law | Date: | Hits: 71

Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)

....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 ......urged before us as before the High Court Division. The charge other materials indicate that there is a prima facie case of criminal offence against the petitioners and other Again there is nothing in law precluding a criminal case on account of a civil suit pending against the petitioners on the sam..

Category: Anti-Corruption Laws | Date: | Hits: 75

Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....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 ......such, the case of the petitioner is liable to be dismissed. 4. Mr. Md. Serajul Huq, learned Advocate appearing for the petitioner, submits that the Administrative Appellate Tribunal erred in law in interpreting and, considering the provisions of Rule 25(2)(3) of the Government Servants (Di..

Category: Administrative Law | Date: | Hits: 120

AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)

....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......ts alike and consequently by both the Tribunals below. 9. We shall quote to begin with Article 136 of the Constitution which is as follows: “136. Provision may be made by law for the reorganization of the service of the Republic by the creation, amalgamation or unifica..

Category: Administrative Law | Date: | Hits: 140

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......ground for refusal of bail.” We shall only add “to the respondent”. 15. The only question is whether there are reasonable grounds as indicated above for refusing bail, to the respondent. The law permits granting of bail, even in a case where there are such reasonable grounds for refusing ba..

Category: Criminal Law | Date: | Hits: 115

Alimuddin and others Vs. State, 1997, 26 CLC (AD)

....o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......has charge” which is under enquiry, trial or appeal. Any action taken by the Public Prosecutor, in such I case particularly when a case has been stopped due to expiry of the time-limit (which law has since been repealed) will be deemed to be an ac behalf of the Government so long as tie Gov..

Category: Criminal Law | Date: | Hits: 74

Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)

.... 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 ......that a monthly tenancy is heritable. The learned Judge of the High Court Division rejected the review petition by the impugned judgment and order holding, inter alia, that a subsequent change is case law cannot be a ground for review. 6. Mr. Miah Abdul Gafur, learned Advocate on-Record appearing ..

Category: Property Law | Date: | Hits: 63

AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)

....e former concept of stopping investigation and releasing the accused from the case on the failure to complete investigation by the Investigation Agency within the specified period has been deleted amending the provisions of section 167 Cr. P. C.  by section 2 of Act XLII of 1992. The provisi......udgment and order dated 28-5-96 discharged the Rule holding, inter alia, that in view of the amendment made by Act XLII of 1992 to the provisions of section 167 Cr. P. C., which being a procedural law operates retrospectively, the petitioners have no vested right to get benefit for repealed pro..

Category: Criminal Law | Date: | Hits: 87

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 ......, namely, Writ Petition No. 721 of 1994 in which the writ petitioner was a different person, the occurrence was different and the trial was also held by different Special Tribunal, but the point of law involved in the said writ petition was the same as in instant writ petition. The learned Judge..

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. ......s suit was decreed and the impugned orders dated 16-2-79 and 11-12-81 were declared to be void, illegal and without jurisdiction and the plaintiff were declared to be still in service in the eye of law with loss of 3 years seniority in service. The respondent bank preferred Title Appeal No. 94 of ..

Category: Administrative Law | Date: | Hits: 131

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 ......different considerations and no case for review had been made out in the application. 7. Leave was granted to consider the appellant’s submission that the High Court Division erred in law in not considering, that the respondents did not file any affidavit-in-opposition in the case a..

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 ......ews and discharged the Rule by the impugned judgment and order. 5. Leave was granted to consider the submissions made for the appellants, that the lower appellate Court upon misconception of law and facts as to the cause of action for the suit and its maintainability in its present form wr..

Category: Property Law | Date: | Hits: 79