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Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......on for Leave to Appeal No. 64 of 1998. Judgment Mustafa Kamal J.- The accused-petitioners on bail are on trial before the 2nd Court of Additional Sessions Judge, under sections 370/324/326/379/323/109, etc of the Penal Code on the allegations, inter alia..Category: Criminal Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......nt and decree of the High Court Division dated 25-7-94 passed in First Appeal No. 44 of 1986 allowing the appeal and setting aside in part the judgment and decree passed by the learned Subordinate Judge, Sherpur in Other Class Suit No.28 of 1984, a suit for declaration that defendant Nos. 1 and ..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......ision in Civil Order No. 1629 of 1993). Judgment Latifur Rahman J.- Plaintiff-respondents filed Title Suit No. 75 of 1989 in the Court of Assistant Judge, Dhaka. The said suit was decreed by the trial Court on 29-2.92. Against the aforesaid Judgme..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ...... ATM Afzal CJ.- Plaintiff-respondent brought Title Suit No. 231 of 1984 in the 3rd Court of Assistant Judge, Dhaka, inter alia, for eviction of the defendant-petitioner from the suit premises and recov..Category: Property Law | Date: | Hits: 69
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......he extent of Taka 24,389.97. The defendants lodged a counter-claim for a sum of Taka 1,28,235.37. 4. After discussing the oral and documentary evidence of both sides the learned Admiralty Judge found PWs 6 and 7 to be independent and disinterested eye-witnesses to the occurrence and rel..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......llowed, the blame partly lies on us. The facts are like this: The three appellants along with 6 others were tried in Sessions Case No. 13 of 1991 in the Second Court of Additional Sessions Judge, Barisal and acquitted of the charge of murder under sections 302/34 of the Penal Code. Gove..Category: Criminal Law | Date: | Hits: 57
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ......each of them to suffer rigorous imprisonment for two years and also to pay of fine of Taka 10,000.00 each, in default, to suffer rigorous imprisonment for three months more on 5-3-92 by the Senior Special Judge, Jhalokati in Special Case No.4 of 1989. The learned Single Judge, however, reduced t...... 285 and 301 of 1992). Judgment Latifur Rahman J.- Criminal Petition Nos. 103 and 108 of 1997 are disposed of by a common judgment as the learned Single Judge of the High Court Division disposed of two criminal appeals, namely, Criminal Appeal Nos. 285..Category: Criminal Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
....d to Annexure-F Mr. Ahmed submits that under the first part of Regulation No. 11 of the Regulations, 1977 the Board has the power to dissolve a Governing Body on the specific recommendation of the Divisional Commissioner which is lacking in this case, but under the second part of Regulation No. ...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ..Category: Constitutional Law | Date: | Hits: 155
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......bsp; Bimalendu Bikash Roy Choudhury J.- The plaintiff is the appellant. His suit, Title Suit No. 84 of 1980, for declaration of title to the suit land was dismissed by the learned Subordinate Judge, Second Additional Court, Sylhet. On appeal, Title Appeal No. 322 of 1983, the said decree wa..Category: Property Law | Date: | Hits: 65
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. ......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......sion and other consequential reliefs was decreed by the 3rd Court of Munsif, Narail by judgment and decree dated 4-1-65. One appeal, Title Appeal No. 27 of 1965, the Additional Court of Subordinate Judge, Jessore by judgment and decree dated 24-3-66 reversed those of the trial Court and dismisse..Category: Property Law | Date: | Hits: 45
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
....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. ......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. ......p; 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 passed by a Single Judge of the High Court Division in Civil Revision No. 645 of 1996 discharging the Rule, thereby af..Category: Procedural Law | Date: | Hits: 118
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....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. ......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. ...... of the High Court Division dismissing FMA No. 196 of 1994 filed by the petitioner under section 39 of the Arbitration Act, 1940 against judgment and decree dated 10-5-94 passed by the Subordinate Judge, First Court, Dhaka in Title Suit No. 28 of 1991 making the award dated 23-6-90 filed by the ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......19 million with local currency of Taka 0,500 million with interest. The petitioner disputed the amount claimed by the respondent and instituted Tide Suit No. 44 of 1990 in the Court of Subordinate Judge, Moulvi Bazar for declaration that the certificate case was null and void, etc. The said suit..Category: Business or Commercial Law | Date: | Hits: 106
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. ......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. ......t and order dated 2-7-97 passed by a Division Bench of the High Court Division in Criminal Revision No. 512 of 1996 making the Rule absolute, arising out of an order dated 8-7-98 passed by Sessions Judge, Brahmanbaria in Criminal Motion No. 10 of 1986 setting aside the order of Sessions Judge, a..Category: Criminal Law | Date: | Hits: 66
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....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. ......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. ...... from the judgment and order dated 18-5-94 in Civil Revision No. 1203 of 1989, making the Rule absolute. 2. The plaintiffs filed Title Suit No. 101 of 1989 in the 3rd Court of Subordinate Judge, Dhaka on the allegations, inter alia, that the respondents published a tender notice for sal..Category: Criminal Law | Date: | Hits: 68
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
.... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ......nt Mustafa Kamal J.- This petition for leave to appeal by respondent No.2 petitioner is from the judgment and order dated 25-3-98 passed by the learned Company Judge of the High Court Division rejecting the petitioner’s application for direction and cla..Category: Business or Commercial Law | Date: | Hits: 100
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....aser of the same from the Government. 5. In support of his contention the writ petitioner annexed a copy of the representation allegedly made by Afaq Ahmed Khan on 27-7-73 to the then Sub-Divisional Officer, Sadar (South) Dhaka (Annexure C) and the copy of the representation dated 2-9-7......rmissible in a writ petition erred in law in not holding that the writ petition was not maintainable; Thirdly, the writ petitioner having availed of the specific remedy provided in the Special Law i.e. Ordinance No. LIV of 1985 by filing cases in the court of settlement, whether the......ernment and obtained a Rule Nisi, which, however, stood abated due to promulgation of Martial Law in 1982. Then the writ petitioner instituted Title Suit No.203 of 1983 in the Court of Subordinate Judge, 3rd Court, Dhaka for a declaration that the property of plot No.16/1, Dhanmondi RA, is not ..Category: Property Law | Date: | Hits: 48
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....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. ......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. ......he petitioner filed a First Appeal, No.253 of 1993, in the High Court Division and obtained an order of Stay of the connected Money Execution Case, No.10 of 1993, of the First Court of Subordinate Judge, Chittagong. The petitioner obtained a Rule for contempt of court against the respondents fo..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. ......hellip;.. Appellants Vs. State ………………………………..Respondent Judgment November 17, 1998. The Special Powers Act, 1974 (XIV of 1974), Section 30 The Code of Criminal Procedure, 1898 (V o......rous imprisonment for one year each. The appellants having already undergone the sentence were directed to be set at liberty forthwith. 8. Leave was granted to consider whether the learned Judges of the High Court Division acted wrongly and without jurisdiction in convicting the appellan..Category: Criminal Law | Date: | Hits: 76
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. ...... 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. ...... Judgment Latifur Rahman J.- This appeal by leave by the plaintiff-appellant is against the judgment and decree dated 28-5-91 passed by a learned Single Judge of the High Court Division in Second Appeal No. 48 of 1977 allowing the appeal, after setting..Category: Property Law | Date: | Hits: 52
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