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Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ....... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ...... Advocate‑on‑Record‑ For the Petitioner. Not represented ‑For the Respondent. Criminal Petition for Leave to Appeal No. 13 of 1995. (From judgment and order dated 4th December, 1994 passed by the High Court Division, Dhaka in Criminal Revision No. 14....... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ..Category: Criminal Law | Date: | Hits: 66
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
.... in: 47 DLR (AD) (1995) 95 ......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ......Advocate‑on‑ Record ‑ For the Petitioners. Not represented ‑For the Respondents. Civil Petition for Leave to Appeal No. 50 of 1995. (From judgment and order dated 8th November, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 3418 ......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ..Category: Civil Law | Date: | Hits: 109
Yakub Ali Vs. State, 1995, 24 CLC (AD)
....ed charge‑sheet against the petitioner and others under sections 302/201/114 of the Penal Code on the basis of the First Information Report as stated above. It appears that cognizance has already been taken on the basis of the said charge‑sheet. 3. Mr. Fazlul Karim, learned Ad...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ......Advocate‑on- Record‑ For the Petitioner. Not Represented ‑ For the Respondents. Criminal Petition for Leave to Appeal No.37 of 1995. (From judgment and order dated 13 February, 1995 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 5...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....………………………………..Respondent Judgment February 12th, 1995. Cases Referred to- Ghulam Muhammad vs. Emperor, 36 CrLJ (1935) 683; Nawsher Ali Sarder vs. State 39 DLR (AD) 196; Abul Khair vs. St......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......nbsp; M H Rahman CJ: Appellant was condemned to death by the Additional Sessions Judge, Cox's Bazar under section 302 of the Penal Code by his judgment and order dated 28 May 1990 passed in ST Case No.35 of 1987 for intentionally killing his wife Velua Kh......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....vil) Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Lt. Col. (Retd) Nazimuddin Ahmed ................Appellant Vs. Bangladesh and Others...............................Respondents Judgment April 30th, 1995......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......8 September, 1991 the Ministry of Energy and Mineral Resources, (respondent No. 1), cancelled the aforementioned two notifications dated 4 August, 1990 and 4 September, 1990 and revived the earlier order of appointment on contract dated 18 December, 1988. The appellant challenged that notificati......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....t which arrived at its conclusion in violation of the principles of natural justice. ......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......; For the Respondents(In Civil Appeal No. 49 of 1994). Abdul Wadud Bhuiyan, Additional Attorney General‑ Amicus Curiae. Civil Appeal No. 80 of 1993. (From Judgment and order dated 29th July, 1993 passed by the High Court Division, Dhaka in Writ Petition No.688 of 19......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
....Court of Assistant Judge, Faridpur, being Title Suit No. 21 of 1993, and prayed for temporary injunction in that suit. Ad interim injunction was granted and subsequently on hearing the parties the ad interim order was vacated and the prayer for temporary injunction was rejected. Against that ord......- Plaintiff‑Respondents filed a suit for perpetual injunction in the Court of Assistant Judge, Faridpur, being Title Suit No. 21 of 1993, and prayed for temporary injunction in that suit. Ad interim injunction was granted and subsequently on hearing the parties the ad interim order was vac...... Ali, Advocate‑on‑Record‑ For the Petitioner. The Respondents‑Not represented. Civil Petition for Leave to Appeal No. 338 of 1994 (From the Judgment and order dated 11.5.94 passed by the High Court Division, Dhaka in Civil Revision No. 2093 of 1993 wi...... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ..Category: Civil Law | Date: | Hits: 95
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....entence, particularly, in view of the old age of appellant No. 1, Hasan Ali. 2. The allegation against the appellants, which resulted in the aforesaid conviction and sentence, is that they had damaged a public road maintained by the Union Parishad and leveled up and amalgamated a part of ......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......;on‑Record ‑ For the Appellants. Shamsul Haque Siddique, Advocate-on‑Record‑ For the Respondent. Criminal Appeal No. 17 of 1994. (From the judgment and order dated 6.6.1994 passed by the High Court Division in Criminal Appeal No. 5053 of 1991). ......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
.... M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation, Dhaka.......... Appellant Vs. AKM Abul Kalam..................nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......nbsp; Mustafa Kamal J- This appeal by leave by the respondent‑ Bangladesh Parjatan Corporation is from the judgment and order dated 22.10.91 passed by a Division Bench of the High Court Division in Writ Petition No. 128......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
....ion (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Road Transport Corporation...........................Respondent‑Petitioner Vs. ....... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ......upreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondent No. 1. Civil Petition for Leave to Appeal No. 146 of 1993 (From judgment and order dated 4th January, 1993 passed by the High Court Division, Dhaka in Writ Petition No. 1143 of....... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ..Category: Employment/Service Law | Date: | Hits: 101
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MA Rahman J ATM Afzal J Mustafa Kamal J Sirajul Islam (Md). Alias Siraj Madbar and others........Accused‑Appellants Vs. Keramat Ali Bhuiyan and other.........ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......dvocate‑on‑Record-For the Respondent No.2 Matiul Islam, Assistant Attorney- General - Amicus Curiae, Criminal Appeal No. 10 of 1994. (From the Judgment and order dated 12.6.1994 passed by the High Court Division in Criminal Revision No 982 of 1994). ......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....lved: AKM Faiz, Advocate (appeared with leave of the Court), instructed by M Nawab Ali, Advocate-on-Record-For the petitioner. Nazrul Islam Chowdhury, Advocate, instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For the Respondent No. 1. Respondent Nos. ......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......itioner, arises out of an unusual Criminal proceeding where Police in the name of further investigation made the informant and witnesses of the case accused in the same case resulting in an unusual order of quashment passed by the High Court Division which in the facts and circumstances of the c......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....so Reported in: 47 DLR (AD) (1995) 52 ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of 1993). Judgment ATM Afzal J.- This appeal by the Government following leave is from judgment and order dated 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
.... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Quazi Din Mohammad......... …………………….Defendant‑Appella......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ...... Md. Wahidullah, Advocate‑ on‑ Record ‑ For the Respondent No. 1. Not Represented ‑Respondent No. 2. Civil Appeal No. 9 of 1994. (From the judgment and order dated 14 July 1993 passed by the High Court Division in First Appeal No. 87 of 1986). ......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
.... fact that the articles allegedly stolen from the house of the informant being worth about Taka 5,000.00 as stated by PW I in his examination-in‑chief it is only the Village Court which had exclusive jurisdiction to try and dispose of the case and the learned Thana Magistrate acted il......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......er sections 448, 380 of the Penal Code, and sentenced to rigorous Imprisonment for 6 months and a fine of Taka 500.00, in default to further rigorous imprisonment for one month more by judgment and order dated 10.6.199 1. An appeal from the said order of conviction and sentence having been dismi......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ..Category: Criminal Law | Date: | Hits: 74
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
...............Respondents Judgment June 15th, 1994. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahabubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellant. Md. Abdus Sobhan, Advocate, instructed by M ......as was subsequently recorded on 27 May 1954 in a mutation case and that she had already filed Title Suit No. 298 of 1979 in the First Court of Munsif, Patuakhali for permanent injunction and got an interim order. Defendant No.7 supported her claim. 4. Defendant No. 6, Sova Rani Guha is th......ubsequently recorded on 27 May 1954 in a mutation case and that she had already filed Title Suit No. 298 of 1979 in the First Court of Munsif, Patuakhali for permanent injunction and got an interim order. Defendant No.7 supported her claim. 4. Defendant No. 6, Sova Rani Guha is the presen......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....of the limited period………………(10 & 11) Cases Referred to- Nawazish Ali Khan vs. Ali Raza Khan, AIR 1948 PC 134; Mst, Khan Bibi vs. Mst. Safia Begum, PLD 1969 Lahore 338; Amjad Khan vs. Ashraf Khan and others, AIR 1929 (PC) 149; Samir Shaikh vs. Aijan Bewa, 6 DLR 320= PLD 1......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......16.11.88 passed by the High Court Division in Civil Revision No. 1809 of 981). Judgment Mustafa Kamal J.- This appeal by leave by the plaintiff's successor is from the Judgment and order dated 16.11.88 passed by a learned Single Judge of the High Court Division, Jessore Bench in C......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....me Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants Vs. T...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... of 1994. Judgment: Mustafa Kamal J: This appeal by leave is from the judgment and order dated November 22, 1993 passed by a Division Bench of the High Court Division summarily reje...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
....m to surrender before the Court below within 14 days. 2. Respondent filed an application under section 498 of the Code of Criminal Procedure praying for anticipatory bail in connection with Sadar Kotwalli P.S. Case No.4 dated 2.3.93 under section 6 of the Cruelty to Women (Deterrent Punis......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ...... Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1994. (From judgment and order dated 28th August, 1994 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 1......by the State is from judgment and order dated 28 August, 1994 passed by a Division Bench of the High Court Division in Criminal Misc. Case No.1402 of 1994 enlarging the accused‑respondent on anticipatory bail to the satisfaction of the Deputy Commissioner, Sylhet and further directing him ..Category: Criminal Law | Date: | Hits: 64
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....ing itself as defendant No.3 as a party interested in Admiralty Suit No.20 of 1994 filed an application on 31.8.94 for recording the right or lien exercised by it on the cargo on board MV. Global Traders, which having been rejected by the learned Admiralty Judge by judgment and order dated 5.9.94......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ......4 filed an application on 31.8.94 for recording the right or lien exercised by it on the cargo on board MV. Global Traders, which having been rejected by the learned Admiralty Judge by judgment and order dated 5.9.94 the petitioner now seeks leave to appeal from the same. 2. Respondent No.......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
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