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Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......Appellants. Vs. Zobaida Nahar @ Zharna & ors………………………….. Respondents Judgment October 31, 1996. Lawyers Involved: Shamsul Huda, Advocate, instructed by Md. Rabiul Alam Chowdhury, Advocate-......rned Judges were contrary to the order of remand for the ends of justice. 8. The leaned Counsel for the appellants Mr. Shamsul Huda submits that the order of remand in question is not under Order 41, rule 23 of the Code of Civil Procedure, the trial Court’s decision not being one on..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......ershad (1886) LR13 IA 160; Ram Narain vs. Mohammad Hadi (1898) LR 26 IA 38; Jaydayal Poddar vs. Bibi Hazra (1974) 2 SCR 90; Mohammad Sadeq Ali Khan vs. Fakhr Jahan Begum (1932) 59 IA (PC) 1. Lawyers Involved: SR Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on......d and in her own interest. She possessed the suit land through Bargadar and paid rents from her own income. She also submitted statement of property including the suit land under President’s Order No. 98 of 1972 showing the said land as her own. The deed of Heba-bil-Ewaj in favour of defend..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......lip;………..Petitioners Vs. Puspa Rani Shil and others ………………Respondents Judgment October 30, 1996. Lawyers Involved: Abdus Sobhan, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record ...... within the meaning of complete usufructuary mortgage. 4. Section 95 and 95A of the State Acquisition and Tenancy Act, as they stand after several amendments of the Act by President’s Order Nos. 88 and 136 of 1972 and No. 24 of 1973, read as follows: 95. (1) Notwiths..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......hellip;…………….. Appellant Vs. Shamsuzzoha and others............ Respondents Judgment November 5th, 1996 Lawyers Involved: Md. Aftab Hossain Advocate-on-Record--For the Appellants. Miah Abdu......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ...... & others ............Respondents Judgment January 21st, 1997 Case Referred to- Food Corpn. of India vs. Kamdhenu Cattle Feed Industries, AIR 1993 SC 1601. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (Sayyid Shahid Hussain, Advocate with......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......J Reazuddin Ahmed (Md)……… …... Convict-Appellant Vs. State and another ……………….Respondents Judgment August 11, 1996. Result: The Appeal is allowed. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, Supreme Court, instructed by Md. Sajjad......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......Ritchil and ors ………………………………………….Respondents Judgment July 25, 1996. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, MA Wahab Miah, Advocate wi......of title by adverse possession by the plaintiff. These assertions were denied by the contesting defendant in her written statement and naturally an issue on title by adverse possession cropped up. Order XIV rule 1 of the code of Civil Procedure casts a definite responsibility upon the trial Cour..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......ltana……………….Plaintiff-Appellant Vs. Khaez Ahmed Mojumder.......Defendant Respondent Judgment October 31st, 1996 Lawyers Involved: Md. Ozair Farooq, Advocate-on-Record— For the Appellant Miah ......ve as otherwise expressly provided by or under the Ordinance the provisions of the Code of Civil Procedure except sections 10 and 11 shall not apply to proceedings before the family Courts. 10. Order XX CPC relates to judgment and decree which evidently does not apply to a proceeding before t..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ......oner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …….Respondents Judgment August 11th, 1996 Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocat...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....6-1974. 4. The appellant filed writ petition No. 1074 of 1974 impugning the said order of redemption and a Rule Nisi was issued thereon. During the pendency of the said writ petition Martial Law was promulgated twice and by order dated 29 August 1990 “the- Rule stood discharg......ip;..Purchaser-Appellant Vs. Assistant Commissioner (Land) and Others……………… Respondents Judgment July 3, 1995. Lawyers Involved: Rafiqul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Rec...... purchase by registered Kabala dated 11-1-1965. 3. In order to recover the disputed land und the agreement which expired on 10-1-1972 long before the promulgation of President’s Order No. 88 of 1972 on 3.8.1972, respondent No. 4 filed RP case No. 67 of 1973 on 25.6.1973 agains..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ......p; vs. Administrator of Pabna Chamber of Commerce and Industry and another…………... Defendant Judgment January 16th, 1996. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Rokonuddin Mahmood, Senior Advocat...... setting aside the order appealed against the case was sent back on remand for rehearing of the application for temporary mandatory injunction. On 14-8-95 the plaintiff filed two applications under Order 6 rule 17 read section 151 of the Code of Civil Procedure for amendment of plaint and the app..Category: Procedural Law | Date: | Hits: 122
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......Petitioner vs Bangladesh and others…….………………..Respondent Judgment 15th, November 1995 Lawyers Involved: Md. Awlad Ali Senior Advocate, instructed Md. Sajjadul Huq, Advocate-on Re......s been directed by the respondent to repay certain amount of money. 2. Petitioner’s case in short, is that he is the Director (Finance), Mukti Joddhya Kalyan Trust. On June 1994 by Order of the President, he was appointed as Economic Councilor at Economic Wing of Bangladesh Embas..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ...... College vs. Lakshmi Narain AIR 1976 (SC) 888; Panchkaxi Halder vs. Puma Chandra Halder 1984(2) CU 89; AISSE Assocn, vs. Defence Minister -cum - Chairman, BOG, SS Socy., AIR 1989 (SC) 88. Lawyers Involved: TH Khan, Senior Advocate, instructed by Md, Nawab Ali, Advocate-on-Reco......llip;……………… 9. The definition of ‘local authority’ under the law’ a General Clauses Act as substituted by President’s Order No. 147 of 1972 is as follows: “Section 3 (28) “Local A..Category: Others | Date: | Hits: 85
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......hellip;………..Appellants Vs. Mobaswir Ali and others………………..Respondents , Judgment August 20th, 1996 Lawyers Involved: Abdul Malek, Senior Advocate (SK Advocate with him), instructed by Md. ......s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
.... of this judgment we are going, dismiss this appeal but we shall be doing it with an agonising feeling that because of sheer incompetence, negligence and bungling at the trial stage in the Special Martial Law Court at Comilla and then in the Sessions Judge’s Court at Chandpur a gruesome ca......Vs. Golam Mostafa & ors………………………………….Respondents Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Ad......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....rect to the Secretary, Ministry of Finance on 5-4-79. This appeal was barred by limitation and was also not made to the proper authority. The respondent again submitted another appeal to the Chief Martial Law Administrator through Secretary of Finance on 21-11-83. The rejection order of the then......Respondent Judgment July 25, 1996. Case Referred: Managing Director, Rupali Bank Limited and others vs. Tafazal Hossain and others 44 DLR (AD) 260. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advo......;s post was upgraded to a Class I post since 1-7-73, he and other officers of his rank are governed regarding matters of appointment, promotion, etc, by the Auditor General’s Manual Standing Orders since no recruitment rules were made in connection with their service prior to 30-3-83. The ..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ...... 93; Mian Fazal Din vs. The Lahore Improvement Trust, 21 DLR (SC) 225; Benazir Bhutto vs. Federation of Pakistan, PLD 1988 (SC) 416; Shehla Zia vs WAPDA PLD 1994 (SC) 693; The South Asian Environment Law Reporter, Vol. 13, September, 1994, Colombo, Srilanka, pp. 113—145; SP Gupta and others vs. Un...... 1, 5 & 6. Tofailur Rahman, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent Nos. 2, 3 & 4. Civil Appeal No. 24 of 1995. (From the Judgment and Order dated 18-8-94 passed by the High Court Division in Writ Petition No. 998 of 1994). Judgmen..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......ases Referred: Akhtar Banu vs. Habibunnessa and others, 16 BLD (AD) 274 = 48 DLR (AD) 164; Indar Singh vs. Kanshi Ram AIR 1917 (PC) 156; Ghulam Abbas vs Hashim 1969 SCMR 257. Lawyers Involved: PC Guha Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For ......ip;…………………Respondents Judgment January 26, 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 152 & Order XXII rule 3 It is the right of the heirs of the deceased plaintiff to file in court an..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......t and omission of use of the name of the President is merely a technicality, such order of dismissal does not call for interference………………(8) Lawyers Involved: Md. Mozaffar Hossain, Advocate, instructed by Md Nawab Ali, Advocate-on......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......dowed daughter of the plaintiff cannot be said to be a requirement of anyone else other than the plaintiffs because they are very much within the family of the plaintiff…….(11) Lawyers Involved: SR Pal, Senior Advocate, instructed Sharifuddin Chaklader, Advocate-on-R...... Not represented—the Respondents. Civil Petition for leave to Appeal No. 571 of 1997. (From the Judgment and order dated 17-2-97 passed by the High Court Division in Civil Order No. 1924 of 1997). Judgment &n..Category: Property Law | Date: | Hits: 71
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