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Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....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. ......n & another 22 DLR (Dhaka) 191, Province of East Pakistan vs. Secretary, Muktagacha Abbasia Senior Madrassa, 16 DLR (SC) 281, Shah Md. Elias vs. Province of East Pakistan, 17 DLR 277. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advoc......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)
....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. ...... of the revisional power under section 115 of the Civil Procedure Code is a discretionary one. Where alternative remedy is available, discretionary power is not to be exercised…..(3) Lawyers Involved: SK Afzalur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate-on-R......gle Judge of the said Court discharged the Rule, by his order dated May 1997, on the view that the revision case was incompetent, as the plaintiffs not availed themselves of the remedy provided in Order 43, rule 1(r) of the Code of Civil Procedure. 2. The plaintiffs have now prese..Category: Procedural Law | Date: | Hits: 109
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ......rs is a matter relating to public interest and it cannot be stopped even for a moment unless the public interest is shown to be subjugated to the private interest of the writ petitioner…….(6) Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain......d, Deputy Attorney-General with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the respondents. Civil Petition for Leave to Appeal No. 799 of 1997. (From the Judgment and Order dated 4-8-1997 passed by the High Court Division in Writ Petition No. 4638 of 1997). Judg..Category: Others | Date: | Hits: 113
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......or its management. The High Court Division having found, apparent breach of section 95 in holding the impugned meeting granted the temporary injunction. No illegality in the order…………(12)
Lawyers Involved:
Moudud Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138...
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......tta Hardware Stores and others, AIR 1986 (SC) 614 and Bank of Maharashtra vs. Race Shipping Transport Co Pvt. Ltd. and another, AIR 1995 (SC) 1368. , Gosling vs. Veley 12 QB 328 (407). Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate......n-Record — For the Appellant. Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record respondent No. 1. Dispensed with Court Order dated 18-7-97— Respondent No. 2. KS Nabi, Attorney-General — Amicus..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......nt by the accused. Moreover for a conviction of forgery there must be clear evidence as to the above facts which are the ingredients of the offence……………(5) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Shamsul Haque Siddique, Advoc......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......uence of such assault the High Court Division was not wrong in holding that the accused petitioner exceeded his right of private defence………………(8-12) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Shamsul Haque Siddique, Advoc......ed inheritance through the two daughters of Abed Pradhan, They had no possession in the disputed land. They obtained an ex parte decree in a partition suit against which a miscellaneous case under Order IX rule 13 C.P.C. is pending. They took delivery of possession through Court only on 28-5-87,..Category: Criminal Law | Date: | Hits: 96
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......5(2) of Act II of 1947. The learned Single Judge of the High Court Division was wrong in holding that the accused could not be tried under Act II of 1947 along with other Penal Code offence....(4) Lawyers Involved: Amir Hossain, Advocate-on-Record — For the Petitioner. Not represented......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ..Category: Anti-Corruption Laws | Date: | Hits: 81
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ......circumstance the Cantonment Board is under an obligation to mutate name of the writ petitioner in the records of the Cantonment Board………………(4) Lawyers Involved: B Hossain, Advocate-on-Record — For the Petitioner. ......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..Category: Property Law | Date: | Hits: 74
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......sponsible for causing death of the victim, it is therefore evident that the appellant could not be convicted for causing death of the victim Hyder Ali. …………(13) Lawyers Involved: Abdul Malek instructed by Aftab Hossain, Advocate-on-Record—For th......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..Category: Criminal Law | Date: | Hits: 104
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......n sub-section (1) of section 99A there is no ground to interfere with its decision. Case Referred to- The Working Muslim Mission & Literary Trust, Lahore vs. The Crown, 8 DLR (FC) 110. Lawyers Involved: Md. Abdur Rashid, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ..Category: Others | Date: | Hits: 122
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......mber thereof. The petitioner under the rule is not exempted from issuance of such a notice himself being an employee of the Union Parishad……………….(5) Lawyers Involved: Syed Ziaul Karim, Advocate, instructed by Md. Nawab Ali, Advocate-on-Rec......In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ..Category: Employment/Service Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... Abdus Satter vs. Suresh Das 32 DLR (AD) 170. Haque Brothers Ltd vs. Gulfam Begum in CP No. 314 of 1993(Unreported) , Haque Brother Ltd. vs. Mrs Gulfam Begum CP No. 314 of 1993 (Unreported). Lawyers Involved: Ajmalul Hossain, Advocate instructed Wahidullah, Advocate-on-Record — For ......de the statement that the copy of the notice under section 106, the postal acknowledgement receipt etc. had been filed along with the plaint presumably in compliance with the provisions of rule 14 of Order VII CPC. PW 1 in his evidence along with his other documents also proved the copy of the notic..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......s Acqua Foods Limited and others……………………………Respondents Judgment December 11th, 1997 Lawyers Involved: Mohammadullah, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Rec......rts had acted merely under the direction of the Government without independent exercise of his power in accordance with Articles 6, 8 and 9 of the Importers, Exporters and Indentors (Registration) Order, 1981. Accordingly, the High Court Division declared the impugned Notification to have been m..Category: Business or Commercial Law | Date: | Hits: 117
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......e respondents to whom he paid rents upto December, 1990, he is debarred from setting up a claim of title in himself to resist the decree for eviction…………(5) Lawyers Involved: SR Pal, Senior Advocate, AFM Mesbahuddin Advocate, with him, instructed ......ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ..Category: Property Law | Date: | Hits: 69
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......to be reduced to rigorous imprisonment for 7 years and the sentence of fine imposed on him should also be remitted……………………….(16) Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advoca......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......ion before the joint Secretary prior to the date of appearance before the Deputy Commissioner for claiming compensation, the question of abetment under section 12 of the Ordinance is irrelevant. Lawyers Involved: SR Pal, Senior Advocate, instructed by Nawab Ali, Advocate-on-Record—For the......r the provision of section 12 thereof. On appeal by respondent Nos. 1-4 to this Division being Civil Appeal No. 20 of 1993, this Division by the impugned judgment allowed the appeal setting aside the Order of the High Court Division. 4. It has been held that in the impugned decision that the High..Category: Property Law | Date: | Hits: 89
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......he ex parte decree on the ground of non-service of summons on the given circumstance is not tenable in law…………………………..(5) Lawyers Involved: Akram Hossain Amin, Advocate-on-Record —For the Petitioner. ......n appearance filed written objection against the petition for temporary injunction but on his failure to file written statements in the original suit, the suit was decreed ex-parte. In a case under Order 9 rule 13 challenging the ex parte decree on the ground of non-service of summons on the giv..Category: Property Law | Date: | Hits: 74
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......ivision not granting the same met a mistake. Thus, judgment of the trial court granting the relief be restored. ……………………..(17 & 18) Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advoca......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 148
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......s and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be rejected as prayed for. …………(7) Lawyers Involved: Khan Saifur Rahman, Advocate, instructed by Shamsul Hoque Siddique, Adv....... Habibur Rahman and others ……………...Respondents Judgment May 15, 1996. The Code of Civil Procedure, 1908 (V of 1908) Order VII rule 11 The question of limitation being a question to be decided on examination o..Category: Property Law | Date: | Hits: 52
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