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State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

....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)

....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...... the Code of Criminal Procedure, Criminal Revision No. 2399 of 1991(D), for quashing the proceedings of the Sessions Case taking the ground that the revival of the case was illegal inasmuch as the Government did not make any prayer for revival as required under section 339D. 3. The petiti..

Category: Criminal Law | Date: | Hits: 74

Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)

....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)

....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). ......Officer-in-Charge, Pangsha Police Station, against eight persons, alleging, inter alia, that they by fabricating certain transfer orders got themselves appointed as Assistant Teachers in different Government Primary Schools. Treating the same as the First Information Report, Pangsha PS Case No. ..

Category: Criminal Law | Date: | Hits: 87

Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)

....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...... Nesar Ahmed also known as Babul…………………………………………….. Appellant vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another…&hel..

Category: Criminal Law | Date: | Hits: 98

Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)

....-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...... of the Civil Court, but because the Board of Directors of the respondent bank illegally refused his prayer for arrear salary and other reliefs in violation of the decisions laid down in the cases of Government of Bangladesh vs. Md. Mustafa and others 35 DLR 404, Saleh Ahmed Joarder vs. People’s R..

Category: Administrative Law | Date: | Hits: 131

Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)

....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 ......nt: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Nurul Hussain………………………… Petition vs. Government of the Republic of Bangladesh…………….Respondent ..

Category: Administrative Law | Date: | Hits: 112

Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)

....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)

....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......nder the Penal Code. A Special Court shall take cognizance of, and have jurisdiction to try, an offence punishable under the said Ordinance only upon a complaint in writing made by such person as the Government may, by a general or special order, authorise in this behalf (section 26(3)). 4. In t..

Category: Criminal Law | Date: | Hits: 149

Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....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 ...... Mustafa Kamal J Latifur Rahman J 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 ..

Category: Criminal Law | Date: | Hits: 99

Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)

....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...... Kumar, Ranginimoyee Dashya and Soudamoni Deshya, recorded in CS Khatian No. 390, Mouza Kazipur, PS Gangni, Meherpur; that during SA Operation the suit land was wrongly recorded in the name of the Government and they instituted TS No. 50 of 1969 for correction of record and got a decree; that in..

Category: Property Law | Date: | Hits: 79

Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)

....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)

....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 ...... (Civil) Present: ATM Afzal CJ Mustafa 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 ..

Category: Constitutional Law | Date: | Hits: 163

Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)

....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

Secretary, Ministry of Education, Govt. of the People’s Republic of Bangladesh & ors Vs. Md. Anwar Hossain & ors, 1996, 25 CLC (AD)

.... 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......n: 49 DLR (AD) (1997) 87. ..

Category: Employment/Service Law | Date: | Hits: 95

Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)

....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)

....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)

....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......e of the land measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 years on payment of Taka 9306.00 as salami. Ayesha Bibi was his full ..

Category: Property Law | Date: | Hits: 82

Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)

....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)

.... 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......covered by a usufructuary mortgage, the mortgagor may apply to the Sub divisional Magistrate or, after the expiry of the period of such mortgage, to any officer authorised in this behalf by the Government, for such redemption or restoration and, on such application and, in the case of redemp..

Category: Property Law | Date: | Hits: 72