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Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....he judgment and order dated 12-9-91 passed by the Administrative Tribunal, Dhaka in AT Case No. 77 of 1990. 2. The present appellants in the said AT Case asked for a declaration that the gradation list of the Appraisers published by the Collector of Customs Chittagong on 26-11-88 was ill......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 ......and 19. Mahmudul Islam, Senior Advocate, instructed by Md Altaf Hossain, Advocate-on-Record — For Respondent No. 33. Civil Appeal No. 45 of 1995. (From the Judgment and order dated 29-9-93 passed by the Administrative Appellate Tribunal Appeal No. 74 of 1993) Jud......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)
.... which this appeal arises. 2. The plaintiff-respondent carrying on ship- breaking business under the name and style of Jainal & Sons filed the suit upon averments, inter alia , that he had a ship-breaking yard at Bhatiary, Chittagong comprising of top lands measuring 0.68 acres acquir......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 ......Ext. 14 is a totally different Exhibit. The plaintiff as PW 1 clearly admitted in his cross examination that he has not filed the certified copy of the petition of compromise, nor has he filed any order of the Court in respect of the compromise. Mr. Rafiq-ul-Huq has submitted an application for ......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 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Government of Bangladesh ………………….Appellant Vs. Ashraf Al...... 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 ......vocate, instructed by Md Nowab Ali, Advocate- on-Record--For the Respondent No. 1 Not represented—Respondent: No. 2 Civil Appeal No. 55 of 1994. (From the judgment and order dated June 22, 1993 passed by the High Court Division in Writ Petition No. 1477 of 1988). ...... 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 ..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....gment March 5, 1997. Lawyers Involved: Rokanuddin Mahmood, Advocate instructed by Shamsul Haque Siddique, Advocate-on -Record—For the Petitioner. Shahabuddin Ahmad, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on- Record—For the......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 ......d by Sharifuddin Chaklader, Advocate-on- Record—For the Respondent No. 1. Not represented—Respondent No. 2. Criminal Appeal No. 10 of 1995. (From the judgment and order dated August 29, 1995 passed by the High Court Division in Criminal Revision No. 290 of 1991......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)
.... 8th July, 1997 Lawyers Involved: Khan Saifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record — For the Petitioner. KS Nabi, Attorney General, (Abdul Wadud Bhuiyan, Additional Attorney-General and Shar Chaklader, Assistant Attorney-General with him),...... 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 ......essions and, secondly, a Court of Sessions cannot have two sitting places at the same time. The writ petition was dismissed summarily by a Division Bench of the High Court Division by judgment and order dated 30-4-97 from which the accused-petitioner has preferred this petition for leave f to ap...... 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)
.... Md Abdur Rouf J BB Roy Choudhury J. State………………………Appellant vs. Abdul Khaleque alias Abdul Khaleq Howlader……………………..Respondent Judgment ......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 ...... Hossain, Senior Advocate instructed by Shamsul Haque Siddique, Advocate- on-Record—For the father of the deceased (PW 6). Criminal Appeal No. 30 of 1996 (From the judgment and order dated 13-8-95 passed by the High Court Division, Dhaka in Criminal Appeal No. 258 of 1992). ......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)
....Judgment January 15th, 1997 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Wahidullah, Advocate on Record-For the Appellants. Sharifuddin Chaklader, Advocate-on-Record- For Respondent Nos. 1 & 2. Nawab Ali, Advocate-on-Record-For R......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 ......r arrest since 15 September 1991 might be exempted from payment of all port dues and other charges of the Chittagong Port Authority which had accrued and was to accrue till the date of her release, ordered, amongst other things, that the vessel MV Fong Yun “be allowed to leave the territori......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)
....20 April 1944, but Rajmohan who happened to be the shebayet of the deity subsequently transferred the same to the defendants by means 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. ......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 ......sain, Advocate-on-Record. — For the Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 190 of 1997 (From the judgment and order dated 26 January, 1997 passed by the High Court Division in Civil Revision No. 1993 0f 1996)......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 ..Category: Property Law | Date: | Hits: 71
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....riminal Revision No. 246 of 1989, and thereby refusing to quash the criminal proceeding pending before the Chief Metropolitan Magistrate, Dhaka against them under sections 420/109 of the Penal Code read with sectors 5(2) of Act II, 1947. It is out of time by 4 days. For the explanation offered by th......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 ......m Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record. Not Represented— Respondent. Criminal Petition for Leave to Appeal No. 54 of 1996. (From the Judgment and order dated 20 November 1995 passed by the High Court Division in Criminal Revision No. 246 of 1989)......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
....the Zilla Chora Chalan Domon Samannaya Committee. The respondents alleged that they were not given any prior notice nor they were heard before sealing their mills which was an arbitrary action. They made representation to the different authorities but without any result. Ultimately they moved the Hi......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.
......ion Nos. 520, 521, 523 of 1994).
Civil Petition For Leave to Appeal Nos. 438 & 439 of 1994.
with
Civil Petition For Leave to Appeal Nos. 520 to 523 of 1994.
(From the judgment and order dated 9th May, 1994 passed by the High Court Division, Dhaka in Writ Petition Nos. 1353, 1354,......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)
.... 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-Record — For the Petitioner. Dr. Rafiqur Rahman, Senior Advocate, ins......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 ...... Mustafa Kamal J This petition for leave to appeal by defendant-opposite party No. 1 is from the judgment and order dated 9-7-95 in which a Rule sought to be obtained by the plaintiff- petitioner-respondent wa......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
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ip;…………..Petitioner Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, and others ……&hel......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 ......n-Record— For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 128 of 1994 (From the Judgment and order dated 6-1-94 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 18 of 1993)......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 ..Category: Administrative Law | Date: | Hits: 120
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
.... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara Begum......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 ......cates-on-Record - For the Appellants. Zakir Hossain, instructed by Md. Nawab Ali Advocates-on-Record-For the Respondent. Civil Appeal No. 87 of 1993 (From the judgment and order dated 19 May 1993 passed by the High Court Division, Dhaka in FA No. 835 of 1991). Ju......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
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....nbsp; December 8th, 1996. Cases Referred to- Chairman, T&T Board vs. Mostafizur Rahman (Civil Appeal Nos. 158 and 159 of 1979) and AFM Badiur Rahman vs. Shamsuzzaman and ors. (Civil petition for Leave to Appeal No 255 of 1991). ......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Shamsul Haque Siddique Advocate-on-Record—For the Respondents Civil Appeal No 21 of 1993. (From the Judgment and order dated 24-6-90 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appeal......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....ivision 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. ......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. ......etitioner. Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-—For the Respondent. Criminal Petition for Leave to Appeal No. 36 of 1997. (From the judgment and order dated 23rd March, 1997 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 552......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. ..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 ......rt, instructed by Shamsul Haque Siddique, Advocate-on-Record. Not Represented — Respondent. Criminal Petition For Leave to Appeal No. 145 of 1996. (From the judgment and order dated March 7, 1996 passed by the High Court Division, Dhaka in Criminal Revision No. 2399 of......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 ..Category: Criminal Law | Date: | Hits: 74
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
....o. 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 Haji Badsha Miah, defendant’s predecessor was a monthly ejectable tenant under them at a rental of Taka ...... 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 ......Miah Abdul Gafur, Advocate-on-Record — For Petitioners. Md. Nowab Ali, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 176 of 1992. (From the judgment and order dated 18-2-92 passed by the High Court in Civil revision No. 1136 of 1990). Judgment Md...... 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)
....erned Magistrate by his order dated 16-10-91 rejected that application holding, inter alia , that in view of the provision of section 195 of the Code of Criminal Procedure the Investigation Agency had already written to the Government for necessary sanction for the prosecution and as such the tim...... 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 ......Aftab Hossain, Advocate on Record — For the Petitioners. Not Represented — Respondent. Criminal Petition for Leave to Appeal No. 135 of 1996. (From the judgment and order dated 28-5-96 passed by the High Court Division in Criminal Revision No. 382 of 1992). ...... 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)
....known as Babul…………………………………………….. Appellant vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another………&hellip...... 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 ......h Court Division in Writ Petition No.720 of 1994). Judgment: Mustafa Kamal J: This appeal by leave by the convicted-appellant is from the judgment and order of a Division Bench of the High Court Division dated 10-5-94 in Writ Petition No. 720 of 199...... 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 ..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
.... Md. Abdur Rouf J BB Roy Choudhury J Khandaker Golam Najib………………………………………………………….. Appellant Vs. Chairman, Board of Directors, Agrani Bank, Head Office, Dhaka & others …………….. Respondents Judgment November 4th, 1996. Resul......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. ......-Record- For the Appellant. Syed Abdur Rahman, Advocate instructed by Shamsul Haque Siddique, Advocate-on- Record — For the Respondents. Civil Appeal No. 15 of 1996 (From the Judgment and order dated 31-7-94 passed by the Administrative Appellate Tribunal in Appeal No. 59 of 1993) Jud......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. ..Category: Administrative Law | Date: | Hits: 131
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