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Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....ted 11-1-1965 corresponding to 27th Poush 1371 BS for consideration of Taka 1,000.00 and handed over possession of the said land to the appellant. On the same date a contemporaneous agreement was made between the appellant and respondent No. 4 to effect that the appellant would enjoy the usufruc......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......instructed AMM Monzurul Hasan, Advocate-on-Record — the Respondent No. 4. Not represented— Respondent Nos. 1-3. Civil Appeal No. 40 of 1992. (From Judgment and order dated 31st May, 1992 passed by the High Court Division Dhaka in Writ Petition No. 1950 of 199......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... Senior Advocate with him) instructed by Shamsul Hoque Siddique, Advocate-on-Record—-- For the Petitioner. AF Hassan Ariff, Deputy Attorney-General instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondents. Mahbubey Alam, instructed by Md. Sa...... 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 ......raying for temporary injunction against defendant No. 2 for restraining him from altering the membership list and from making any new member of the Organisation and the trial Court passed an order maintaining status quo in that respect until further order. On 25-6-95 the Court heard both ...... 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 ..Category: Procedural Law | Date: | Hits: 122
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
.... J Md. Ismailuddin Sarker J Kamrul Hasan …………………………………..Petitioner vs Bangladesh and others…….………………..Respondent ......Administrative Appellate Tribunal which has been dismissed by the impugned judgment and order upon holding, inter alia, that the Administrative Tribunal Act 1980 does not empower them to grant any interim relief as has been sought for. 3. Mr. Awlad Ali, the learned Advocate appearin......t: Md. Abdur Rouf J: Petitioner, an ex- Economic Councilor for Bangladesh, posted at Bangladesh Embassy in Stockholm has sought leave to appeal from the judgment and order passed on August 3 1995 by the Administrative Appellate Tribunal in Misc. Appeal No, 3 of 199......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 ..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....is whether the High Court Division is right in holding that a recognised non-government secondary school is a local authority within the meaning of section 7(2) (e) of the Local Govern (Union Parishads) Ordinance), 1983, briefly, the Ordinance and that the appellant being a full time teacher dis......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 ......structed by Md. Aftab Hossain, Advocate-on — For the Respondent No. 1. Not represented—Respondent Nos. 2-11. Civil Appeal No. 60 of 1995. (From the Judgment and order dated April 26, 1995 passed by the High Court Division, Dhaka in Writ Petition No. 21 of 1995......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 ..Category: Others | Date: | Hits: 85
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....Involved: Abdul Malek, Senior Advocate (SK Advocate with him), instructed by Md. Nawab Ali Advocate-on-Record-For the Appellants Nazrul Islam Chowdhury, instructed by Md. Sajjadul Huq, Advocate-on-Record—For Respondents Nos. 1-3. Shamsul Haque Siddique Advoc......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 ......sul Haque Siddique Advocate-on-Record— For the Respondent No. 8. Not represented — Respondent Nos. 4-7. Criminal Appeal No. 1 of 1996. (From the Judgment and order dated 31 by the High Court Division, in Criminal Miscellaneous No. 2113 of 1994) 49 DLR (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 ..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....lip;……………….Respondents Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Khandaker Mahbub Hossain, Senior 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 ...... Khandaker Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Advocate-on-Record— For the Respondents. Criminal Appeal No. 12 of 1992. (From the Judgment and order dated August 23, 1990 passed by the High Court Division, Dhaka in Criminal Appeal No. 328 of ......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)
.... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ………&he...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ......ppellant. Abdur Rob Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 40 of 1995. (From the judgment and order dated 10-6-93 passed by the Administrative Appellate Tribunal in Appeal No. 30 of 1992). ...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ant 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. ......ah’s creations and environment are in mortal danger of extinction and degradation. He then refers to Article 102(4) of the Constitution which provides that the High Court Division will not grant an interim order until it is satisfied, upon hearing the Attorney-General, that the interim order is no......nch of the territory of Bangladesh stretching upto the continental shelf: Per Mustafa Kamal J delivering The Full Court Judgment. (31) Article 102 Powers of High Court Division to issue certain orders and directions—Dimension of such powers— Article 102 of our Constitution is not an isolat......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. ..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....nts’ application for prosecuting the case in absence of the deceased plaintiff, there was no legal existence of the deceased plaintiff in the case record. An error on the face of the record had been committed by the trial court by non-recording the present appellants as substituted plainti......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. ...... Appellants. Abdul Aziz, Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the respondent. Civil Appeal No. 11 of 1993. (From the Judgment and order dated August 17, 1989 passed by the High Court Division (Barisal Bench) in Civil Revision No.......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. ..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....u Bikash Roy Choudhury J Shahinur Alam (Md)…………………………..Petitioner Vs. People’s Republic of Bangladesh and others……………….Respondents Judgment......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. ......having proved with opportunity to defend and when such delinquent being dismissed with due approval of the president and omission of use of the name of the President is merely a technicality, such order of dismissal does not call for interference………………(8)......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)
.... Judgment July 9, 1997. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 15 Requirement of the demised premises for an adult son and a widowed daughter of the plaintiff cannot be said to be a requirement of anyone else......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......Sharifuddin Chaklader, Advocate-on-Record - the Petitioner. 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). ......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
.... (Civil) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appellants Vs. ......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......y Miah Abdul Gafur, Advocate-on-Record— For the Respondent No. 2. Not represented—Respondent Nos. 2-3. Civil Appeal No. 92 of 1994. (From the judgment and order dated 16 June, 1994 passed by the High Court Division in First Misc. Appeal No. 416 of 1990).......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....nt: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dhaka&h......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......sh; For the Appellant. Appeared in person - Respondent No. 1. Not Represented -For the Respondent Nos. 2-6. Civil Appeal No. 47 of 1993. (From the Judgment and order dated 13-8-93 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 65 of 1991......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
.... Bikash Roy Choudhury J Akhteruzzaman……………………………………...Petitioner Vs. Ali Amjad Khan and others……………………Respondents ......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ...... made another application for appointment of a Receiver in respect of the suit lands upon an allegation that the petitioner had forcibly entered into a portion of the suit land in violation of the order of status quo made by the court. Thereupon the trial Court appointed the Assistant Commission......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ..Category: Property Law | Date: | Hits: 87
Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)
....ff-respondents preferred Civil Revision No. 718 of 1988. In the said civil revision there was no appearance on behalf of the present petitioners. A learned Single Judge of the High Court Division made the Rule absolute after setting aside the judgment and decree of the lower appellate and Court ...... having been exercised judiciously there is nothing for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ......June 26, 1997. The Code of Civil Procedure, 1908 (V of 1908) Order XXII rule 3 The civil revision case having been disposed of two years back there remains nothing for recording an order of abetment in the case which was disposed of on merit by the learned single Judge of the Hig...... having been exercised judiciously there is nothing for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ..Category: Civil Law | Date: | Hits: 150
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....reme Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Krishi Bank…………………………&h......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......dvocate- on-Record — For Respondent No.1 in both the cases. Ex Parte — Respondent No.2 in both the cases. Civil Appeal Nos. 93 and 94 of 1994 (From the Judgment and order dated 2-12-92 passed by the High Court Division in Writ Petition No.3 of 1989 (Comilla) ......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
....……..(13)
When the SEC was making a complaint of fraudulent act against certain companies and their directors on the basis of an enquiry undertaken by an expert Committee a Court would be well advised not to try to be more expert at the complaint stage because otherwise, it will be an example......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......legation of foul play concerning national economy is being made before the Court by a statutory authority can themselves overtake the law by resourceful enterprise in raising ingenious contentions in order to frustrate the prosecution on the threshold……(18)
Lawyers Involved:
Serajul Huq ......spect of the petitioners as were relevant in each case.
4. It appears that the accused-petitioners moved the High Court Division on the day following taking of cognizance by the CMM and obtained anticipatory bail. Then they filed Criminal Revision Cases No. 163-165 of 1997 before the Sessions J..
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....tions the court must always be very cautious in specifying the property so that on account of vagueness disputes do not erupt………………………………..(6) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Petit...... Subordinate Judge, Fourth Court, Dhaka, which is for declaration of title. Upon an application by the plaintiffs for temporary injunction against defendant Nos. 1 and 2 the Subordinate Judge made an interim order on 16 June, 1996 directing the parties to maintain status quo respect of possession of......…………………………….Respondents Judgment February 10, 1998. The Specific Relief Act, 1877 (I of 1877), Section 55 The High Court Division has rightly pointed out that an order of mandatory injunction cannot be sustained if the subject matter of the dispute is not suffic......urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ..Category: Property Law | Date: | Hits: 101
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....dure, 1898 (V of 1898), Section 179(c) The allegation of obtaining signatures of the complainant in blank papers at Jeddah and in pursuance of such Act withdrawal of money from Bank in Bangladesh attracts jurisdiction of Bangladeshi competent Court to take cognizance of the offence&helli......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......pending in the Court of Magistrate First Class, Jhalakati having been summarily rejected by a Division Bench of the High Court Division on 20 August 1997 he is now seeking leave to appeal from the order. 2. The complaint case briefly, is that the petitioner (accused No. 1) and thre......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ..Category: Criminal Law | Date: | Hits: 79
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
....pellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mokaddesh Mondal and Others...................Petitioners Vs. State and Others............. at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ......ore the Magistrate concerned on 21-10-96 praying to accept the charge-sheet after substituting section 326 in place of section 325 of the Penal Code. 2. The learned Magistrate by his order dated 15-4-97 treated the application as a Naraji and observed that the charge-sheet was acc...... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ..Category: Criminal Law | Date: | Hits: 74
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