Search Options
Judgment Advanced Search
Displaying 7061-7080 of 7208 results.
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 ......ified in the official Gazette, prescribe grades and scales of pay and other terms and conditions of service for all or any such persons or classes of persons”. 8. Thus, the vital question is, whether the order dated 10-8-94 of the Implementation Cell of the Ministry of Finance......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 ..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 ...... 215 of 1990) Judgment: Mustafa Kamal J: The only point for determination in this appeal by leave by the defendant-appellants is, it being accepted as a concluded question of fact that the defendant-appellants trespassed into the land of the plaintiff respondent......ppellants 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-respondent&rsquo..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 ......on in interfering with the findings of fact made by the Court of Settlement as if sitting on a over the same and, as such, the impugned judgment is liable to be set aside. (ii) An important question of principle involved in the case because of the manner in which the High Court Division e...... (ii) An important question of principle involved in the case because of the manner in which the High Court Division exercised its writ jurisdiction in setting at naught the decision of a court of facts. (iii) The impugned judgment is untenable because it failed to consider some vital fa..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 ......f complaint was referred to the Thana Rural Development Officer for enquiry. 4. Leave was granted to consider submission of the learned Advocate for the appellant that the document in question having been produced in CR Case No. 116 of 1983 in the Court of Upazila Magistrate, Anawar......g the Rule of quashing the proceedings in OR Case No. 835 of 1984 arising out of Kotwali PS Case No. 11 (5) 84 pending in the court of Chief Metropolitan Magistrate, Chittagong. 2. The short facts relevant for disposal of this appeal are that, respondent No. 2 Jafar Ahmed filed a petition ..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 ......hing to indicate that the Government has reserved any power under section (2) to hold the sitting of a Court of Sessions at al particular place for holding the trial of a particular case. The only question is, whether the latently available under section 9(2). 6. The learned Counsels for ...... 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 ..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 ...... charge of murder and grievous hurt passed by a Division Bench of the High Court Division by the impugned judgment and order dated 13 August, 1995 in Criminal Appeal No. 258 of 1992, some important questions of principle relating to disposal of a criminal appeal have been raised on behalf of the ......remand and not indulge ourselves as an appellate Court because the law requires that the High Court Division should hear and dispose of the appeal. We shall therefore briefly refer to the essential facts of the case and indicate the reasons more fully for the observations made before. 3. T..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 ......ayment of the 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 juri......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 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
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 ......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 ...... of the aforesaid proceeding on the grounds that the prosecution allegations did not constitute any criminal offence and that a civil suit having been pending against the petitioners on the self same facts the criminal proceeding would be an abuse of the process of the Court. 5. The same grounds ..Category: Anti-Corruption Laws | Date: | Hits: 75
....igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......itled to any show cause notice as the decision to seal their Mills was taken by the petitioners in the interest of the country for checking smuggling of wood in the border belt where the Saw Mills in question are situated. The submission of the learned Advocate he himself realised, is unworthy of co......igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
..
Category: Others | Date: | Hits: 128
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 ......the aforesaid irregular order from the High Court Division, did not point out that such a cab is not to be issued and is not the practice of the Court Division. 5. Without entering into the question as to whether a revisional application was maintainable, we are however not inclined to gr......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 ..Category: Procedural Law | Date: | Hits: 98
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 ...... and their appurtenances with further compensation of Taka 20,000.00 (Taka Twenty Thousand) as recurring compensation per month till the possession was delivered to her. 2. The property in question was declared vested property. The plaintiff obtained an ex parte decree against the appell......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 ..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. ...... head of the State with his family has been murdered and the mere fact this is a sensational case cannot be a 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 respon......he 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 the facts of the Case. Attorney-General Submitted that he would make one or two submissions, if necessar..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 ......ment do not disown it. This is not to say that any and every official of the Government car perform an act which is required to be performed the Government under any particular law. In tin special facts and the law involved in the case, the application filed by the Public Prosecutor far revival ..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 ......enant. During continuance of the tenancy Abdus Salam sold his possessory right of the suit shop in the year 1953 to the defendant’s predecessor, Badsha Miah for a sum of Taka. 1,700.00. Complicated question of title being involved the suit as framed was not maintainable; they also challenged the l...... 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 ..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 ......l right of claiming stoppage of investigation and getting themselves released from the case under the repealed law. Besides, the petitioners could not make out a case of quashing the proceeding in question under section 561A Cr. P. C. Thus the impugned judgment does not call for any interference...... 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 ..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 ...... doubt that when an equally efficacious alternative statutory remedy is provided for in section 30 of the Special Powers Act enabling the accused to prefer an appeal to the High Court Division the question of invoking the jurisdiction of the High Court Division under Article 102 of the Constitut......there was no want of lawful authority in passing the impugned judgement by the Special tribunal concerned. Therefore, the other writ petitioner in the other writ petition was not entitled, upon the facts of the said case, to the remedy under Article 102 of the Constitution. 6. While dispos..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. ......nt of those rights and consequential benefits arising Out of the judgment and decree of the Civil Court. Mr, Shafique Ahmed further submits that both the Tribunals erred in law in holding that in the facts of the present case the Tribunals have no authority to execute a decree of a Civil Court and t..Category: Administrative Law | Date: | Hits: 131
Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)
....mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......ch is already closed by a final judgment The points raised by Mr. Nurul Huq have already been considered while dismissing the leave petition and the petitioner cannot be permitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. ......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ..Category: Administrative Law | Date: | Hits: 112
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......sed-petitioners cannot be said to be an abuse of the process of the Court. 6. Instead of moving the High Court Division under section 561A Cr.P.C. the accused-petitioners could have agitated the question of jurisdiction of the learned Magistrate before the learned Magistrate himself and the Hig......special Court, the complainant’s case before the Magistrate cannot be stifled by quashing. The cases cited by Mr. Aminul Haque, 128 IC 221, 1932 CrILJ 309 and 1985 BLD (AD) 278, do not apply in the facts and circumstances of the case. 5. In that view of the matter the continuation of the proce..Category: Criminal Law | Date: | Hits: 149
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 ......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 ......grounds of detention the name of the detenu does not appear in the FIR and that in those criminal cases the detenu had obtained bail from the Court of the Chief Metropolitan Magistrate, Dhaka—facts which could not be brought to the notice of the Court at the time of hearing of the Writ Pet..Category: Criminal Law | Date: | Hits: 99
554553552551550549548546545544542540539538537536535534532531