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Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....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 ......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 ...... decision. Now this petition for leave to appeal from the same. 2. Facts of the case, briefly, are that the petitioner filed Title Suit No. 17 of 1991 in the Fourth Court of Assistant Judge, Narayanganj against respondent Nos. 2-5 for specific performance of contract. The suit was d..Category: Property Law | Date: | Hits: 64
Nur Islam (Md) Vs. Agrani Bank, 1995, 24 CLC (AD)
.... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. ...... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. ......ily dismissing his application under section 151 CPC in Civil Order No. 1074 of 1994. 2. Against the petitioner Money Suit No. 9 of 1992 was tiled in the Court of Artha Rin Adalat and Subordinate Judge, Jamalpur, by the respondent Agrani Bank, Jamalpur, for realisation of its dues of Taka 3 lakh..Category: Civil Law | Date: | Hits: 120
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
.... 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 ...... 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 ...... Latifur Rahman J: In Anti-Terrorism Case No. 4 of 1994 before the Court of Sessions Judge and Anti-Terrorism Tribunal, Comilla, an application was filed by the Public Prosecutor on b..Category: Criminal Law | Date: | Hits: 63
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 ......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 ......71 of 1989 under section 9 of the Specific Relief Act for restoration of possession of his suit shop by evicting defendant No. 1 Md. Abdur Rouf and the suit was decreed by the Additional Assistant Judge, Sylhet, Sadar. On 31-5-1989, a earned Single Judge of the High Court Division in Civil Revis..Category: Property Law | Date: | Hits: 61
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
.... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ......t: Latifur Rahman J: This Appeal following leave by the appellant who was an election petitioner, calls in question the judgment and order passed by a Single Judge of the High Court Division in Civil Order No. 2474 of 1996 on 20-8-96 setting aside the order..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 ...... “General damage is that kind of damage which the law presumes to follow from the wrong complained of and which, therefore, need not be expressly set out in the plaintiff’s pleadings. Special damage, on the other hand, is damage of such a kind that will not be presumed by the law ......ts in assessing the quantum of damages sustained by the plaintiff The plaintiff-respondent’s Money Suit No. 84 of 1986 for compensation and damages was decreed by the 2nd Court of Subordinate Judge, Chittagong by judgment and decree dated 20.9-90 for Taka 88,78, 800.00, affirmed on appeal, ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
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 ......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 ......8-12-84 accepted the charge sheet. The appellant thereafter filed a revisional application against the order of accepting the charge sheet being Criminal Motion No. 875 of 1984 before the Sessions Judge, Chittagong and the Additional Sessions Judge, Second Court Chittagong rejected the motion on..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 ...... 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 ......hellip;…………………………………………………. Petitioner Vs. Sessions Judge of the Court of Sessions, Dhaka & other…………… Respondent..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 ......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 ...... judgment The learned Advocate has submitted that none of the more substantial points in favour of the respondent, in fact, no argument made by him was even noticed in the judgment and the learned Judges decided the appeal from their own point of view. The condemnation of the impugned judgment i..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 ......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-on-Record-For Respondent No. 7. Ex parte—Respondent Nos. 3-6, 8. Civil Appeal No. 75 of 1992. (From the Judgment and decree dated January 30, 1992 passed by Admiralty Judge of the High Court Division in Admiralty Case No. 27 of 1991). Judgment: &..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 ......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 ......s of several registered Kabalas of the year 1978. They further plead that the suit was bad for defect of party and also non inclusion of all joint properties. 4. The learned Senior Assistant Judge, Third Court, Kapasia dismissed the Suit on 30 July 1994. Upon appeal therefrom being Title ..Category: Property Law | Date: | Hits: 71
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....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 ......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 ......respondent without issuing any Rule and without hearing the petitioner. 2. The respondent-Bank filed Mortgage Suit No. 37 of 1994 against the petitioner and other in the Court of Subordinate Judge and Artha Rin Adalat, Chittagong for recovery of Taka 25, 96, 27,209.04 and on 26-2-95 filed ..Category: Procedural Law | Date: | Hits: 98
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 ......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 ......llegation the Metropolitan Magistrate convicted and sentenced him to suffer simple imprisonment for 10 days on 11-6-88. Thereafter an appeal was preferred by the petitioner and the learned Sessions Judge, Dhaka upheld the order of conviction but modified the sentence of imprisonment to a payment..Category: Administrative Law | Date: | Hits: 120
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......sp; Bimalendu Bikash Roy Choudhury J.- This appeal originates from Money Suit No. 9 of 1985 of the First Court of Subordinate Judge, Dhaka. The respondent Hosne Ara Begum as plaintiff brought the same against the appellants, ..Category: Property Law | Date: | Hits: 72
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. ......n the charge-sheet without any prima fade material cannot be a good ground for refusal of bail. 8. The learned Attorney-Genet sought permission to allow Mr. Serajul Huq, who has been appointed, a. Special Public Prosecutor in the aforesaid case, to address US because of his special knowledge of t......al Misc. Case No. 552 of 1997 making the Rule absolute and granting bail to the accused respondent, Mrs. Jobaida Rashid, pending disposal of Sessions Case No. 319 of 1997 in the Court of the Sessions Judge, Dhaka. 2. The respondent is the wife of the absconding accused Lt. Cot. Khondker Abdur Ras..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 ......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 ......). Judgment: ATM Afzal CJ: The petitioners are some of the accused facing trial for an offence of murder in Sessions Case No. 11 of 1987 in the Court of the Session Judge, Thakurgaon. It appears that the accused-persons were released upon stopping the trial on 12-..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 ...... 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 ...... of 1990 discharging the Rule. 2. Predecessor of respondent Nos. 1-5 as plaintiff No. 1 and respondent No. 6 as plaintiff No. 2 brought SCC Suit No. 112 of 1986 in the First Court of the Assistant Judge, Dhaka for ejectment of the respondents from the suit premises alleging, inter alia, that late..Category: Property Law | Date: | Hits: 63
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... 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 ...... 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 ......sanction for the prosecution and as such the time to be spent for having such sanction will not be counted as the period for holding in Against that order the petitioners moved the learned Sessions Judge under section 439A Cr. P. C., Criminal Revision No. 59 of 1991, who by his order dated 26-2-..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 ......dated 10-5-94 in Writ Petition No. 720 of 1994 rejecting the writ petition in limine on the ground that it was not maintainable, there being an alternative remedy of appeal under section 30 of the Special Powers Act, 1974 which the appellant did not avail of. 2. The appellant’s cas......ubmitted charge-sheet against both of them on 3-12-91. The appellant obtained bail from the Thana Magistrate, Begumganj. The case was then sent to the Court of Senior Special Tribunal and Sessions Judge, Noakhali for trial where it was numbered as Special Tribunal Case No. 21 of 1992. Charge was..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. ......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. ...... service on 16-2-79, an appeal from which order was also rejected by the Chairman. Board of Directors of the said Bank on 21-12-81. He filed Title Suit No. 109 of 1982 in the 3rd Court of Subordinate Judge, Dhaka which on transfer to the court of Subordinate Judge and Commercial Court, Dhaka was ren..Category: Administrative Law | Date: | Hits: 131
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