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Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
.... Court appointed the Assistant Commissioner (Land), Sirajdikhan, Munshiganj, a Receiver for the suit lands. The petitioner took appeals, FMA Nos.32 and 33 of 1997 therefrom. A Division Bench of the High Court Division which heard the matters dismissed the appeals by the judgments and orders dated......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)
....he 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 High Court Division. The discretion having been exercised judiciously there was nothing to interfer...... 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)
....spondent 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) Writ Petition No. 1950 of 1991 ......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
....Attorney-General —For Respondent No. 2 (In all the petitions).
Criminal petition for Leave to Appeal Nos. 52 to 54 of 1998.
(From the judgment and order dated December 9, 1997 passed by the High Court Division, Dhaka in Criminal Reference Nos. 1-3 011997 respectively).
Judgment
A......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.
..
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
.... Lutfunnessa Begum and others ……………………………………………….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 sustaine......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)
....e No.65 of 1997 under sections 323/417/418/419/420/406/348/109 of the Penal Code 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. ......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)
....to the Investigating officer in the interest of justice. 3. The accused being aggrieved by the said order unsuccessfully moved the learned Sessions Judge, Magura and then came to the High Court Division with an application under section 561A of the Code of Criminal Procedure. A Div...... 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
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....ndari Dassaya and another……………..Defendant Judgment April 28, 1997. Principle of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in view of the provision of section 205 of the Hind......d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... This appeal, by leave, at the instance of the assessee-company arises out of an Income-tax matter and is directed against the judgment and order dated 30-11-1992 passed by a Division Bench of the High Court Division in Application No.133 of 1991 filed by the appellant under section 160 of the I...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Shahidullah (Md) Vs. Md. Yunus and others , 1998, 27 CLC (AD)
....desh, 1972, Article 103 The appeal was heard ahead of the date appearing on the notice for hearing, at detriment of the petitioner. It is a fit case in which the petitioner should move the High Court Division for a rehearing of the appeal and the Court should allow it provided the allega......his submission in the appeal for no fault of his own. The petition is disposed of with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 164. ..Category: Procedural Law | Date: | Hits: 94
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....for business purpose. The accused respondent never denied to repay the balance amount to the petitioner. No allegation of initial deception has been alleged in the F.I.R. The learned Judges of the High Court Division rightly quashed the proceeding………………&h......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 88
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....d any knowledge about the proceeding because of the fact that at the relevant time he was living abroad. So the learned Additional Sessions Judge rightly exercised his jurisdiction affirmed by the High Court Division in granting opportunity to the accused concerned to cross-examine the witness b......essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....decided by the Administrative Tribunal and for this exercise judicial review was not necessary. Indeed the matter being one relating to the terms and conditions of service, the jurisdiction of the High Court Division is excluded. The matter was fully cognizable by the Administrative Tribunal&hel......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....nbsp; ATM Afzal CJ.- This appeal, following leave, by the Bangladesh Railway-defendant No.2, is from judgment and decree dated 16 February, 1993 by a Division Bench of the High Court Division in First Appeal No. 53 of 1985 allowing the appeal, reversing those of the Sub......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... plaint disputing defendant appellants kabalas was wrongly allowed by the trial court after receipt of the record from the appellate court to pass a decree in terms of the compromise petition and the High Court Division was not justified in upholding the amendment ………………(9 & 10) ...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ..Category: Procedural Law | Date: | Hits: 149
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
.... 1908), Section 24(1)(b)(i) The petitioner has not given any hard evidence of the trial Court’s fear or favour of and for the District Judge concerned, who is a party to the case. The High Court Division rightly did not encourage a transfer on a mere apprehension……(5) ......High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ..Category: Property Law | Date: | Hits: 71
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
.... dated 3-10-89. The said defendant unsuccessfully challenged the said order of the learned Subordinate Judge in Civil Revision 1359 of 1989 in which the Rule was discharged by a Division Bench of the High Court Division, judgment and order dated 11-6-96. 2. The said defendant as petitioner has ......ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ..Category: Property Law | Date: | Hits: 91
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
....bsp; Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioner is from the judgment and order of a learned Single Bench of the High Court Division dated 20-5-96 rejecting summarily the petitioner’s revisional application...... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ..Category: Family Law | Date: | Hits: 156
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ent Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal is from the judgment and order dated 5 August 1990 passed by a Division Bench of the High Court Division discharging the Rule issued in Writ Petition No. 27 of 1990 filed by the petit......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ..Category: Property Law | Date: | Hits: 90
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
....earing of the matter the application was rejected by the learned Assistant Judge after hearing the learned Advocate for the defendants in support of the written objection, The plaintiffs moved the High Court Division with an application under section 115 of the Code of Civil Procedure, being Civ......cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ..Category: Procedural Law | Date: | Hits: 109
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