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Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ......hury J Primal Ranjan Das ……………….. Defendant-Petitioner Vs. Nasima Khatun …………………..Plaintiff-Respondent Judgment January 22nd, 1997 Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Sharifuddin Chaklader, Advocat......ble for mesne profits. Mr. Karim submits that even if it was realizable the amount allowed was not in accordance with law. It is difficult to agree with the first part of Mr. Karim submission because Order XX rule 12 CPC clearly provides that where a suit is for the recovery of possession of immovab..Category: Tenancy Law | Date: | Hits: 70
Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)
.... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ......; Vs. Jarina Begum and anr……………………….. Respondents Judgment January 13th, 1997 Lawyers Involved: Md. Badruddoza, Advocate (appeared with the leave of the Court), instructe...... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ..Category: Criminal Law | Date: | Hits: 53
Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
....e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ...... Vs. Md. Iqbal Ahmed and others………………….Respondents Judgment May 15th 1997 Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record — For the Petitioner. ......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ..Category: Property Law | Date: | Hits: 84
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 ......bsp; Vs. Krishnadhan Banik being dead, his heirs Bijan Kumar Banik and others………….Respondent Judgment March 24th, 1997 Lawyers Involved: Md Fazlul Karim, Senior Advocate, instructed by Md Aftab Hossain, Ad......f the disputed property on 18 2 94 On 1394 the predecessor of respondent Nos. 1(a) 1(f), Krishnadhan Banik, who was not a party to Title Suit No. 17 of 1991, filed an application under rule 100 of Order XX of the Code of Civil Procedure, Miscellaneous Case No 6 of 1994, complaining that he had b..Category: Property Law | Date: | Hits: 64
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......sp; Vs. Commissioner of Taxes, Dhaka (North) Zone, Dhaka ………..Respondent Judgment January 6th, 1997. Lawyers Involved: Rafiqul Huq, Senior Advocate (Shorful Islam Khan and Ajmalul Hossain, Advo......property and by order dated 17-5-72 it was placed under Bangladesh Food and Allied Products Cooperation, now Bangladesh Sugar Mills Corporation as a Nationalized Enterprise under President’s Order No 27 of 1972. It has since been disinvested. The appellant company submitted return for the..Category: Fiscal/Taxation Law | Date: | Hits: 120
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. ......(Md) ……………………….Defendant-Petitioner Vs. Agrani Bank………………… Plaintiff-Respondent Judgment January 10, 1995. Result: The petition is dismissed. Lawyers Involved: AKM Nurun Nabi Khan, Advocate, Supreme Court, instructed by Md. Nawab Ali, Adv......Petitioner. Not represented — the Respondent. Civil Petition for Leave to Appeal No. 343 of 1994. (From the Judgment and order dated 27-2-1994 passed by the High Court Division in Civil Order No. 1074 of 1994. Judgment Shahabuddin Ahmed CJ.- Defendant is the petitioner. He is ..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 ......nbsp; Vs. Md. Hanif and Others………………..Respondent Judgment July 21st, 1996 Lawyers Involved: AKM Faiz, Advocate, instructed by Md. Sajjadul Hoque, Advocate-on-Record &......plication was filed by the Public Prosecutor on behalf of the State for withdrawal of the prosecution of 43 accused out of 62 accused. The said application was rejected by the said Tribunal by its Order No. 41 dated 3-5-95. Being aggrieved by the aforesaid order the State preferred a revision, 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 ......lip;…….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respondent Judgment April 23, 1995. Lawyers Involved: Syed Dastagir Hossain, Advocate instructed by Sharifuddin Chaklader, Advoca......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 ..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 ......llip;………..Appellant Vs. Kazal Miah and others………………… Respondents Judgment January 13th, 1997. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Md.......t No. 1. Not represented—Respondent Nos. 2-4. Civil Appeal No. 58 of 1996. (From the judgment and order dated August 20, 1996 passed by the High Court Division in Civil Order No. 2474 of 1996). Judgment: Latifur Rahman J: ..Category: Others | Date: | Hits: 87
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....the appellants, is based on the office Memo dated 10.8-94. This Memo is an order of the Implementation Cell of the Ministry of Finance, Government of Bangladesh stating that as per approval of the Martial Law Committee dated 26-6-83 of the National Board of Revenue in respect of the organization......oners Vs. Collector of Customs, Chittagong and others………………………Respondents Judgment March 27th, 1997 Lawyers Involved: Abdur Rab Chowdhury, Senior Advocate instructed by Md Nawab Ali, Advocate...... Ministry of Finance Government of Bangladesh dated 10-8-94 is the sheet anchor of the appellants’ case. In the Memo, the subject matter is mentioned to be the Services (Pay and Allowances), Order 1977. The Government in 1 exercise of its power conferred by section 5 of Act XXXII of 1975 p..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 ......7) 2 AIIERI and Taylor vs. 0’ Connor, (1970) 1AI1ER 365. Salmond on Torts, 19th Edition (p.59); McGregor on Damages, 15th Edition, at p. 249; The Mediana (1900) AC 113 (116); Halsbury’ Laws of England (4th Edition); Salmond Torts at page 592 (19th Edition); Salmond Torts at page 593 ......Advocate instructed by Mvi Md Wahidullah, Advocate-on-Record--For the Respondents. Not represented—Respondent Nos. 2-3. Civil Appeal No. 45 of 1994 (From the Judgment and Order dated 26-1-94 passed by the High Court Division in First Appeal No. 215 of 1990) Judgm..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 ......hraf Ali @ Ashraf Ali and another ……………………………….. Respondents Judgment November 26th, 1996 Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by Mr B Hossain, Advo......position contending that the original Owner Md. Yahiya left Bangladesh for Pakistan with members of his family some time in the year 1970 and his whereabouts were not known when President’s Order No. 16 of 1972 came into operation. Md. Nasim was neither the son of Md. Yahiya nor the owner..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 ......llip;…………. Appellant Vs. State and another……………….. Respondents Judgment March 5, 1997. Lawyers Involved: Rokanuddin Mahmood, Advocate instructed by Shamsul Haque Siddique, Advoca......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 ..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 ......hellip;…. Petitioner Vs. Sessions Judge of the Court of Sessions, Dhaka & other…………… Respondents Judgment 8th July, 1997 Lawyers Involved: Khan Saifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record &......Attorney-General with him), instructed by Mvi Md Wahidullah, Advocate-on -Record — For the Respondents. Civil Petition for Leave to Appeal No. 572 of 1997 (From the Judgment and Order dated 30-4-97 passed by the High Court Division in Writ Petition No. 2032 of 1997). Ju..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 ......llip;Appellant vs. Abdul Khaleque alias Abdul Khaleq Howlader……………………..Respondent Judgment July 14th, 1997 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md. Wahidullah, 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 ..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 ......ellip;……….Appellants Vs. Ministry of Defence and others………………Respondents Judgment January 15th, 1997 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Wahidullah, Advocat......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
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 ......ellip;………..Petitioner Vs. Fazlul Huq and others ………………Respondents Judgment March 25th, 1997 Lawyers Involved: SR Pal, Senior Advocate (Fariduddin, Reza, Advocates with him) instructed......ies before pronouncing its verdict when the parties concerned had opportunities to appear but refrained from doing so. Secondly, no suit can fail by reason merely of non-joinder of parties. Order 1, rule 9 of the Code of Civil Procedure makes this legal position clear. Thirdly, the genera..Category: Property Law | Date: | Hits: 71
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 ...... J Md. Abdur Rouf J BB Roy Choudhury J Khondaker Mahtabuddin Ahmed and others……………..Accused-Petitioners Vs. State…………….Respondent Judgment July 4th, 1996 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advoca......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 ..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.
......nother……………...Petitioners
Vs.
Md. Kabirul Islam Beg and 5 others ………………….Respondents
Judgment
August 28, 1995
Result:
All the petitions are dismissed.
Lawyers Involved:
B Hossain, Advocate-on-Record— For the Petitioners.
Md. Aftab Hossain, A......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 ...... DLR (AD) 55, Alt Ahmed Abdul Hafiz vs. MA Haque Siraji, 1913 BLD (AD) 193, Azizul Haque Choudhary vs Manzur Hossain, BCR 1984 (AD) 532 and Sukuret Sen vs. Gouranga Bejoy Das, BLD 1989 (AD). Lawyers Involved: MA Wahhab Miah, Advocate, instructed by Sharifuddin Chaklader, Advocate-on......ur Rahman, Advocate-on-Record— For Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 461 of 1995. (From the Judgment and Order dated 9-7-95 passed by the High Court Division in Civil Order No. 2615 of 1995). Judgm..Category: Procedural Law | Date: | Hits: 98
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