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Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)

....;                     Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chand Biswas and others……………………. Petitioners ......Huq, learned Advocate for the defendant-petitioner, submits that the lower appellate Court set aside the judgment and decree of the trial Court after proper discussion of both oral and documentary evidence on record and after giving cogent reasons by controverting the findings of the trial Court..

Category: Property Law | Date: | Hits: 45

Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)

.... and on 9-3-96 restored the suit to its tile and number. The trial Court in its discretion restored the Suit as the application was filed on the same day. A discretion having been exercised in the facts of the present case, we do not think that the learned Single Judge committed any illegality i......ndents. Civil Petition for Leave to Appeal No. 571 of 1996. Judgment       Latifur Rahman J.- The defendant petitioner has filed Civil Petition Nos 571 and 597 of 1996. Civil Petition No. 571 of 1996 arises from the judgment and order dated 28-8-96 pa......f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ..

Category: Procedural Law | Date: | Hits: 118

BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)

....al and unwarranted. 3. In view of the submission of the learned Advocate-on-Record for the petitioner raising objection only to granting of interest, it is not necessary to narrate all the facts of the case and it will be sufficient to notice that the petitioner was a lessee under the fi......ion (Civil) Present: ATM Afzal CJ Latifur Rahman J  Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J   Bangladesh Oil, Gas and Mineral Cooperation (Petro Bangla)...…Petitioner      &nbs......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ..

Category: Alternative Dispute Resolution | Date: | Hits: 249

Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)

....he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......ent: ATM Afzal CJ Mustafa Kamal J   Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Ho......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..

Category: Property Law | Date: | Hits: 50

Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)

....rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......nbsp;                              Abdur Rouf and others... ……………….Accused-Petitioners Vs. ......…….Respondents Judgment March 8, 1998. The Code of Criminal Procedure, 1898 (V of 1898)  Section 169 Investigating Officer is not competent to weigh the evidence and judge the credibility of the witnesses. The plea of alibi can be taken before the tria..

Category: Criminal Law | Date: | Hits: 66

Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)

....ule 7 CPC. 7. Without entering into the question as to whether the interpretation given by the High court, Division on Order 39 rule 7 CPC is correct or not we are of the view that in the facts of the present case it will not be fit and proper to allow an inspection when the plaintiffs ......bsp;                  Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of......facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ..

Category: Criminal Law | Date: | Hits: 68

Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)

.... of cases in the Court of Settlement in respect of the disputed property, where applications have already been filed by the writ petitioner for withdrawal of those cases. (iv) In the facts and circumstances of the instant case, rejection of the writ petition on the ground of not a......bsp;              Bangladesh…………………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5......perty. A special procedure has also been made therein to decide those cases. A legal presumption has also been attached under section 5(2) to the list published under sub-section (1) as conclusive evidence that the enlisted property is an abandoned property. Of course, it is a rebutable presumpt..

Category: Property Law | Date: | Hits: 48

Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)

....opening of the LCs the prevailing rate of tariff was lower. In all the cases, the prevailing tariff rate as per SRO was enhanced by subsequent SRO. 4. It will be worthwhile to narrate the facts of one case, Civil Appeal No. 6 of 1995 which arises from Writ Petition No. 1786 of 1990. The......ifur Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ……………………. Respondents Judg......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ..

Category: Business or Commercial Law | Date: | Hits: 99

Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)

....en moved (or driven to) the High Court Division in writ for relief which it got after two years of waiting. 7. By the impugned judgment the High Court Division upon considering the law and facts of the case declared the orders issued by petitioners No. I and 2 and impugned in the writ pe...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J  Mustafa Kamal J Latifur Rahman J Chairman, National Board of Revenue and others………….. Petitioners Vs. Beximco Infusions Ltd......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ..

Category: Business or Commercial Law | Date: | Hits: 112

Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)

....;   ATM Afzal CJ.- This petition is from an order passed by a Division Bench of the High Court Division allowing an application for modification of an earlier order. 2. Relevant facts are like this: the petitioner filed a First Appeal, No.253 of 1993, in the High Court Divisio...... J  Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Calmare Navigation Co. Ltd…………. Petitioner Vs. Mohammad Nurul Hoque and another……………………………&......and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ..

Category: Others | Date: | Hits: 74

Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)

....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......bsp;                              Abdur Rahman and others…………….. Appellants Vs. State ……&...... was also granted to consider whether the prosecution case having been disbelieved in its entirety the appellants were entitled to an order of acquittal and whether there was any legal or reliable evidence to convict the appellants under section 342 of the Penal Code. 9. Section 376 of ..

Category: Criminal Law | Date: | Hits: 76

Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)

....rd to rescind the order which had been lawfully passed by them earlier disapproving the impugned order of dismissal of the writ petitioner and to substitute the same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. ......Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Governing Body of Kapilmuni College, represented by the Principal, Kapilmuni College…………… Petitioner Vs. Sheikh Roushan Ali and ors………….. Respondents Judgment July 8, 1997. Result: The petition is dismi......same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31...

Category: Employment/Service Law | Date: | Hits: 79

Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)

.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......sp;                              Saitan Bibi and others………………. Plaintiff-Appellants   &......73 BS or on any other date. The story of the cause of auction is fictitious. The suit is liable to be dismissed. 4. The learned Assistant Judge on consideration of the oral and documentary evidences on record disbelieved the auction sale and believed the dakhilas Exts. A-A (3) which sho..

Category: Property Law | Date: | Hits: 52

Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)

....l there was a mistrial or trial without jurisdiction the court of appeal before directing a fresh trial by an appropriate court should also see whether such direction should at all be given in the facts and circumstances of a particular case. If it is found that the accused had suffered a consid......e was a mistrial or trial without jurisdiction the court of appeal before directing a fresh trial by an appropriate court should also see whether such direction should at all be given in the facts and circumstances of a particular case. If it is found that the accused had suffered a considerable...... and received severe burn injuries. She was given necessary treatment at the Barisal Medical College Hospital but she ultimately succumbed to her injuries. 7. It appears that besides oral evidence prosecution proved a dying declaration, Ext. 2, which was recorded by a Magistrate PW 4 i..

Category: Criminal Law | Date: | Hits: 83

Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)

....to their judgments and orders. Mr. Ahmed submitted that the appellant should have tendered unqualified apology before the High Court Division at the first opportunity without trying to explain the facts of the various cases which formed the subject matter of his report. Unfortunately, he did not......lip;….. Respondent Judgment February 11, 1998. The Contempt of Court Act, 1926 (XII of 1926),  Section 2 Imputing improper motives to the Judicial Officers and discourteous comments about them amounts to contempt of court. In view of tendering of an uncon...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ..

Category: Criminal Law | Date: | Hits: 70

Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)

....ceedings drawn up under section 145 Cr.P.C. by the Chief Metropolitan Magistrate, Dhaka on different dates in respect of the same plot of land at Mouza Kafrul within Dhaka city. 2. Relevant facts are: Upon a prosecution report dated 25-2-97 submitted by a Sub-inspector of Police. Mizanur ......llate Division (Criminal) Present: ATM Afzal CJ  Mustafa Kamal J   Latifur Rahman J Bimalendu Bikash Roy Choudhury J Abul Bashar and another……………………………&...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ..

Category: Criminal Law | Date: | Hits: 68

Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)

....onfused as to the law on preventive detention which was here-to fore almost settled. This appeal has therefore a public purpose and importance.   9. We may now set out the facts of the case from the judgment of the senior most Judge MA Jalil J.   ......   Mostafizur Rahman...........Appellant    Vs.   Bangladesh, represented by the Secretary Ministry of Home Affairs and another……. Respondents    Judgment &nbs......ds and is, accordingly, allowed. There will be no order as to costs.   Ed.   This Case is also Reported in: 51 DLR (AD) (1999) 1.   ..

Category: Constitutional Law | Date: | Hits: 191

Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)

.... deed of gift has been acted upon. 7. As regards execution and registration upon or not deed of gift it appears that the Court of Settlement failed to appreciate the legal positions and the facts involved in the present case. It appears from the letter of the Sub-Registrar that the deed o......te Division (Civil) Present: BB Roy Choudhury J M Amin Choudhury J Kazi Ebadul Hoque J Bangladesh, represent by the Secretary, Ministry of Housing and Public Works and another ………………….Appellant ...... a Court of appeal in interfering with the findings of fact arrived at by the Court of Settlement even though the Court of Settlement had not acted without jurisdiction nor made a finding on no evidence nor failed to consider any material evidence nor acted malafide.” 4. Mr..

Category: Property Law | Date: | Hits: 64

Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)

....Tribunal. The Appellate Division, upon a civil petition for leave to appeal, found the said view to be correct. The decisions cited by the learned Counsel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This C......tribunal that section 14 of the Limitation Act was not applicable to the proceedings before it is held to be correct. Under section 3 of the Limitation Act, every suit instituted, appeal preferred and application made after the period of limitation prescribed therefor by the First Schedule shall......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ..

Category: Administrative Law | Date: | Hits: 121

Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)

....of decision of the Government for acquisition of land as contemplated under section 12 of 1982 Ordinance does not render such land liable to be released in that section 12 is not applicable to the facts of the instant cases which were started long before the Ordinance came into force in view of ......upreme Court Appellate Division (Civil) Present: Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Jamir Ali (Md) and others ……………………..Petitioners Vs. ...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ..

Category: Property Law | Date: | Hits: 94