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Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)
....fa Kamal J Latifur Rahman J Nurul Hussain………………………… Petition vs. Government of the Republic of Bangladesh…………….Respondent Judgment April 8th, 1996 ......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......cate, instructed by ANM Manzurul Hassan, Advocates-on-Record for the Petitioner. Not represented—Respondent. Civil Review Petition No. 19 of 1994. (From the Judgment and order dated August 25, 1994 passed by the Appellate Division in Civil Petition for Leave to Appeal ......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ..Category: Administrative Law | Date: | Hits: 112
Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
....ns of the Drugs (Control) Ordinance, 1982, (Ordinance No. VIII of 1982) and that the case was exclusively triable by the Drugs Court and cognizance can only be taken by way of a report in writing made by the licensing authority or an officer authorised by him in this behalf. As such cognizance t...... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ......ue Siddique, Advocate-on-Record— For the Petitioner. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 255 of 1995. (From the judgment and order dated 9-7-95 passed by 2. The petitioner filed Criminal Revision No. the High Court Division ...... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ..Category: Criminal Law | Date: | Hits: 99
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....ion dated 2-7-94 under sections 406/420/34 of the Code lodged by respondent No. 2 Complaint Case No. 26C of 1994 was instituted against the accused-petitioners in the Court of Magistrate, 1st Class, Sadar, South and Narayanganj. The petitioners filed an application under section 561A Cr.P.C. for qua......Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......e Petitioner. Aftab Hossain Advocate-on-Record-For the Respondent No. 2 Not represented-Respondent No. 1. Criminal Petition for Leave to Appeal No. 166 of 1996. (From the Judgment and order dated 13-8-96 passed by the High Court Division in Criminal Misc. No. 3888 of 1996). Judgm......Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ..Category: Criminal Law | Date: | Hits: 149
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... Md. Abdur Rouf J Md. Ismailuddin Sarker J Nasima Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others………&he......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......the High Court Division in Writ Petition No. 478 of 1995). Judgment: Mustafa Kamal J: This appeal by leave by the writ petitioner is from the judgment and order dated 4-4-95 passed by a Division Bench of the High Court Division in Writ Petition No. 478 ......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....;…………Respondents Judgment June 16th, 1996 Cases Referred: Chand Kour & another vs. Partab Singh & others, 16 ILR (PC) 98(102); Tar Muhammad & Co. vs. Federation of Pakistan and others, 9 DLR 197. Lawyers Involved: Md. H......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......he High Court Division in Civil Revision Case No. 348 of 1990). Judgment: Md. Abdur Rouf J: This appeal by leave by the plaintiffs is from the judgment and order dated May, 11, 1993 passed by the High Court Division in Civil Revision No. 384 of 1990 disch......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... 96 ...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......ker, Advocate-on-Record— For the Appellant. Gour Gopal Saha, Advocate, instructed by Shar Chaklader, Advocate-on-Record — For the Respondent. Appeal No. 93 of 1993 (From the judgment and order dated 4 November 1992 passed by the High Court Division in Criminal Miscellaneous Case No. 402...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....fa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment November 20, 1996. Result: The petitio...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ......ate instructed by Md. Nawab Ali, Advocate-on-Record— For Respondent No. 8. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 606 of 1996 (From the judgment and order dated 2-8-96 passed by the High Court Division in Writ Petition No. 1320 of 1996) Judgment ...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
.... Md. Abdur Rouf J BB Roy Choudhury J Ali Ahmed and others ………………Appellants (In both the Appeals) Vs. Nazimuddin Patwary being dead, his heirs Azimuddin Patwary and others …………………......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......ondent Nos 18&19 (In both the appeals). Ex parte—Respondent Nos. 1, 3-17 and 20-25 (In both the Appeals). Civil Appeal Nos. 16 & 17 of 1988 (From the judgment and order dated 21 January 1985 passed by the High Court Division, Comilla Bench, in Second Appeal. Nos......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ..Category: Property Law | Date: | Hits: 60
....ppellate Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Secretary, Ministry of Education, Government of the People’s Republic of Bangladesh and others………………..Respondents-Appellants
vs.
Md. Anwar Hossain and others…...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
...... Court, instructed by Ranesh Chandra Maitra, Advocate- on-Record— For the Respondent No. 8.
Not represented—Respondent Nos. 1-7 & 9-11.
Civil Appeal No. 68 of 1992
(From the judgment and order dated 31-7-1990 passed by the High Court Division in Writ Petition No. 389 of 1986).
Judgme...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
..
Category: Employment/Service Law | Date: | Hits: 95
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... Cases Referred to- Kafiluddin and others vs. Saminuddin and others, AIR 1931 Cal. 67 = 34 CWN 698; Kali Charan Singh and another vs. Janak Deo Singh and others, AIR 1932 All 694; Durga Prasad vs. Deep Chand, AIR 1954 SC 75; Kafiluddin vs. Samiruddin, AIR 1931 Cal. 67;RC Chandiok vs. Chun...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......rifuddin Chaklader, Advocate-on-Record — For the Petitioners. Not represented—Respondents. Civil Petition for Leave to Appeal No. 249 of 1996 (From the judgment and order dated 4 April 1996 passed by the High Court Division in Civil Order No. 944 of 1996). Ju...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh House Building Finance Corporation …………………&h......orrower. (b) for an injunction restraining the borrower or his ……………….. surety………………. (c) for an ad-interim attachment………………………… ......lant. Dr. Kamal Hossain, Senior Advocate, instructed by Abdul Quasem, Advocate-on-Record — For the Respondents. Civil Appeal No. 54 of 1995 (From the judgment and order dated 5 January, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 1419 of ......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....vision (Civil) Present: ATM Afzal CJ Latifur Rahman J Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khairunnessa being dead, her heirs Feroz Alam and ors ……Appellants. Vs. Zobaida Nahar @ Zharna......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 ......ed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 1. Ex-parte — Respondent Nos. 2 & 3. Civil Appeal No. 63 of 1995. (From the judgment and order dated 8 June 1995 passed by the High Court Division, Dhaka in FA No. 79 of 1993). Judgme......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 ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....fe Ali Chowdhury and others………………… Respondents Judgment August 21, 1996 Cases Referred to- Gopeekrist Gossain vs. Oungapershad Gossain (1854) 6 MIA 53; Nurjahan Begum vs. Mahmudur Rahman 34 DLR (AD) 61; Bilas Kunwar vs. Des...... 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 ......cate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented— Respondent Nos. 2-7. Civil Appeal No. 65 of 1993. (From the judgment and order dated 18 April 1993 passed by the High Court Division, Dhaka in Civil Revision No. 89 of 1987...... 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 ..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
.... Lawyers Involved: Abdus Sobhan, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Haroon-or-Rashid, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For Respondent Nos .1 and 2. Not represented— Respo......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 ...... Advocate-on-Record — For Respondent Nos .1 and 2. Not represented— Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 405 of 1996. (From the Judgment and order dated July 8, 1996 passed by the High Court Division in Writ Petition No. 64 of 1994) Judg......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 ..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....which they claimed partition. 3. The defendant-appellants in their written statement upon denying the allegations of the plaintiffs stated, inter alia, that Ibrahim was an inhabitant of Nabadwip, West Bengal He exchanged his properties of Nabadwip with those of Judhistir at Kushtia. Ibra......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 ....... Aftab Hossain Advocate-on-Record--For the Appellants. Miah Abdul Gafur, Advocate-on-Record--For the Respondent No. 1. Civil Appeal No. 3 of 1994 (From the Judgment and order dated 4-2-93 passed by the High Court Division in Civil Revision No. 497 of 1990). Judgm......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)
.... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J. Mohsin Mia …………………..Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment & others ............Resp...... Judgment: ATM Afzal CJ: This petition is from an order dated 5 January, 1997 passed by a Division Bench of the High Court Division refusing the prayer for ad-interim injunction while issuing Rule in Writ Petition No. 182 of 1997 filed by the petitioner. ......, Advocate on Record — For the Respondent No. 6. Not represented— Respondent Nos. 1-5. Civil Petition for Leave Appeal No. 49 of 1997. (From the judgment and order dated January 5, 1997 passed by the High Court Division, Dhaka in Writ Petitions No. 182 of 1......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)
....¦â€¦â€¦â€¦.Respondents Judgment August 11, 1996. Result: The Appeal is allowed. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. M. Shamsul Alam, Deputy Attorney-General, inst......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. ......eneral, instructed by Mvi. Md. Wahidullah, Advocate-on-Record— For the Respondent No. 1. Not Represented — Respondent No. 2. Criminal Appeal No. 14 of 1996. (From the judgment and order dated 27-11-94 passed by the High Court Division in Criminal-Revision No. 1741 of 1994).......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)
....lip;.Respondents Judgment July 25, 1996. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, MA Wahab Miah, Advocate with him, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellants. Habibul Islam Bhuiyan, Senior Advocate,......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 ......ajjadul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented — For the Respondent Nos. 2-5. Civil Appeal No. 42 of 1990. (From the judgment and order dated 13th March, 1989 passed by the High Court Division in Appeal from Original decree ......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 ..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....e end that the question, not a very difficult one, has been answered correctly. 2. The appellant as plaintiff instituted Family Suit No. 35 of 1988 in the Family Court (Senior Assistant Judge, Sadar, Comilla) claiming dower and maintenance from the defendant-respondent. The suit was decreed o...... 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 ...... Farooq, Advocate-on-Record— For the Appellant Miah Abdul Gafur, Advocate-on-Record — For the Respondent Civil Appeal No. 97 of 1993 (From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No. ...... 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 ..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
....houdhury J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …….Respondents Judgment August 11th, 1996 ...... 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 ......dvocate-On- Record —For Respondent No. 1 Respondent Nos. 2-8-Not represented. Civil Petition for Leave to Appeal No, 345 of 1996 (From the Judgment and order dated 30-6-96 passed by the High Court Division, Dhaka in Writ Petition No. 2647 of 199...... 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
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