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....l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......d an application in the executing court under Order 21 rule 90 of the Code of Civil Procedure. The said application was rejected upto the Appellate Division. Thereafter, the executing court passed an order staying money Execution Case No. 5 of 1992 till disposal of Other Suit No. 68 of 1992. Again, ..
Category: Property Law | Date: | Hits: 85
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
.... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ......Md Sajjadul Huq, Advocate- on-Record—For the Petitioners. Not represented — The Respondents The Civil Review Petition No. 52-55 of 1997. (From the judgment and order dated 10 June 1997 passed by the Appellate Division in Civil Order No. 39 of 1994) Judg..Category: Property Law | Date: | Hits: 69
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......e Respondent. Civil Appeal No. 25 of 1997. Judgment Mustafa Kamal J.- This appeal by leave by the respondent-appellants is from the judgment and order dated 7-8-96 passed by a Division Bench of the High Court Division in Writ Petition No. 335 ..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......pellant. Sirajul Huq, Senior Advocate instructed by Md Aftab Hossain, Advocate-on-Record — For the Respondents. Criminal Appeal No. 3 of 1994. (From the Judgment and order dated 16-8-90 passed by the High Court Division in death reference case No. 1 of 1989 with Cr..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......ate-on-Record— For the Petitioner. B Hossain, Advocate-on-Record — For the Respondent. Civil Petition for leave to appeal No. 296 of 1998. (From the judgment and order dated 8-12-97 passed by the High Court Division in Writ Petition No. 6717 of 1997). Jud..Category: Employment/Service Law | Date: | Hits: 77
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....shment of violation of the said section. Then the learned Judges observed: “We, therefore, find it necessary to examine the issue as to whether Islam truly approves polygamy or more properly speaking, polygyny”. The learned Judges themselves noticed that there had been great differen...... MG Bhuiyan, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Civil Petition for Leave to Appeal No. 1165 of 1998. (From the judgment and order dated November 26, 1996 passed by the High Court Division, Dhaka in Civil Revision No. 4591 o..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......r, Advocate-on-Record — For the Appellant. SK Sinha, Advocate, instructed by Md Sajjadul Huq, Advocate-on-Record—For the Respondent. Civil Appeal No. 46 of 1997 (From the Judgment and order dated 27-2-97 passed by the High Court Division in First Miscellaneous Appeal No. 23 of 1996)...Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......No. 43 of 1988 (Chittagong). Judgment Mustafa Kamal J.- These two appeals by leave by the writ petitioner-company is from the judgment and order dated 23-6-94 passed by a Division Bench of the High Court Division in Writ Petition No. 1617..Category: Labour and Industrial Law | Date: | Hits: 134
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
....dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ......—For the Respondents. Civil Petition for Leave to Appeal No. 69 of 1999. Judgment Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioner is from the judgment and order dated 14-1-99 passed by the Admiralty Court of the High Court Division in Admiralty Suit No.11..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
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. ......e inconvenience of the informant- party should not be a ground for transferring a session’s case from one district to another district. 5. In making the Rule absolute by judgment and order dated 27-10-98 a Division Bench of the High Court Division found that it will be most inconve..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ...... disposing the only contention raised in this petition it will be sufficient to notice that the petitioner-State by filing Writ Petition No. 5228 of 1996 unsuccessfully challenged the judgment and order dated 4-5-94 passed by the First Court of Settlement in case No. 358 of 1989 (Ka-55) allowing..Category: Property Law | Date: | Hits: 64
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......ruddin Sircar Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record — For Respondent No. 3. Civil Appeal No. 46 of 1993. (From the judgment and order dated 11 November 1991 of the High Court Division in Writ Petition No. 498 of 1987) Judgmen..Category: Property 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. ......ecord in setting aside the positive finding of the trial Court and in dismissing the suit in part. Thus, we find substance in this appeal. Accordingly, it is allowed without, however, any order as to cost. Consequently, the impugned judgment and decree of the High Court Division are set..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
....earlier, the subsequent decision taken by the Government in the meeting of 1-8-94 to cancel the approval given earlier does not appear to be based on sound and proper reasoning. 6. Strictly speaking, the question of promissory estoppel may not arise in this case but in view of the fact th......e-ul-Haque, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent. Civil Petition for leave to appeal No. 652 of 1996. (From the Judgment and order dated 3-7-96 passed by the High Court Division in Writ petition No. 1474). Judgment ..Category: Business or Commercial Law | Date: | Hits: 91
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. ...... Hossain, Advocate-on-Record —For the Petitioner. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 258 of 1993. (From the Judgment and order dated 23-5-93 passed by the High Court Division in Civil Order No. 1629 of 1993). Jud..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. ......te-on-Record — For the Petitioner. Md. Nawab Ali, Advocate-on-Record— For the Respondent. Civil Petition For Leave to Appeal No. 252 of 1995. (From judgment and order dated 14 March 1995 passed by the High Court Division, Dhaka in Civil Revision No. 1076 of 19..Category: Property Law | Date: | Hits: 69
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......d of conflict with Article 68 of the Constitution and on other grounds, in Writ Petition No. 912 of 1993 which was summarily rejected by a Division Bench of the High Court Division by judgment and order dated 17-6-93, from which the petitioner has preferred this petition for leave to appeal, a c..Category: Constitutional Law | Date: | Hits: 152
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. ......ntained in the Code of Criminal Procedure to try any case under Chapter IV for Shipping casualties. The Marine Court exercises its jurisdiction as a criminal court and it can award compensation. An order of the Marine Court to pay compensation shall have the effect of a Civil Court decree and su..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......d in too many cases and expressed her opinion accordingly we would have nothing to say because as the Chief Executive she was entitled to have her own views in the matter having regard to the law and order situation which is the concern of the Executive. The Court is accustomed to such executive cha..Category: Others | Date: | Hits: 99
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. ......rocedure, 1898 (V of 1898) Section 417 As a matter of practice the High Court Division normally grants bail to the persons acquitted on full trial where the state prefers an appeal against the order of such acquittal. The normal order upon admitting the Government appeal is to direct the De..Category: Criminal Law | Date: | Hits: 57
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