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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. ......h, 1972, Article 102 The writ petitioner has been able to make out a case that its own private interest is so overwhelming that public interest should be subordinated thereto by issuing an interim order in its favour. The operation relating to discharge of bulk wheat from free outturn vessels ber..

Category: Others | Date: | Hits: 113

Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others Vs. Ittefaq Group of Publication Ltd., 1998, 27 CLC (AD)

....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.......urt which is responsible for 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. Naw..

Category: Business or Commercial Law | Date: | Hits: 121

Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)

....hellip;……………...Respondents  Judgment August 19, 1997.  The Constitution of Bangladesh, 1972, Article 102 (4) (i) Broadly speaking, to obtain an interim order, a writ petitioner must not only make out a prima facie case, ......……...Respondents  Judgment August 19, 1997.  The Constitution of Bangladesh, 1972, Article 102 (4) (i) Broadly speaking, to obtain an interim order, a writ petitioner must not only make out a prima facie case, but a strong prima facie case...

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. ......smat Ali since acquitted in appeals was charged under sections 467/109 of the Penal Code. The accused-petitioner was found guilty and sentenced to rigorous imprisonment for 7 years by judgment and order dated 30-8-1984. An appeal was taken against the order of conviction and sentence and a Divis..

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. ......rs more each. Another accused Abdus Samad was convicted under section 323 of the Penal Code and sentenced to suffer RI for 1 month more by the learned Sessions Judge, Gaibandha by his judgment and order dated 18-7-88 in Sessions Case No.4 of 1988. On appeal, Criminal Appeal No. 651 of 1989 a Di..

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. ......ths more. The sentences of substantive imprisonment were directed to run concurrently. In Criminal Appeal No. 1304 of 1992, a learned Single Judge of the High Court Division affirmed the judgment and order of the Special Judge, Chittagong with the modification by deleting the conviction and sentence..

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. ......a:Aa:A/16/290 dated 21 September, 1992, ultimately refused to mutate her name in respect the house as required by section 73 of the Cantonment Act, 1924; Sayeda Rahat Ara Quam Nahar challenged the order of the said Board in Writ Petition No.3951 of 1992 as being without any lawful authority. She..

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. ......rothers Ruma, Sultan and Keru and another co-accused Abdul Kader were convicted under sections 148/302/149 of the Penal Code by the 3rd Court of Additional Sessions Judge, Dhaka by his judgment and order dated 31-7-93 in Sessions case No. 314 of 1992 and were sentenced to suffer rigorous impriso..

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. ......structed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not Represented —the Respondents. Criminal Petition for Leave to Appeal No. 27 of 1995. (From the judgment and order dated 16-8-94 passed by the High Court Division in Criminal Miscellaneous Case No. 464 of 19..

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. ......b Ali, Advocate-on-Record—For the Petitioner.  Not represented— The Respondents. Civil Petition for Leave to Appeal No. 902 of 1997. (From the judgment and order dated July 9, 1997 passed by the High Court Division, Dhaka in Civil Revision No.1178 of 1998..

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. ......served with the remark of the postal authority ‘left’ was presumed to be good service, for the purpose of this Ordinance…………………………(12) The rent admittedly sent by money order for the month of March and April 1986 together so the defendant clearly defaulted payment for ..

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.  ......he Petitions)  Not represented — Respondent Nos. 3-6 (In both the Petitions). Civil Petition for Leave to Appeal Nos. 606 and 614 of 1997. (From the judgment and order dated 24 February 1997 passed by the High Court Division in Writ Petition No. 2822 of 1996). ..

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. .......  Judgment                Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal is from an order dated 7 March 1996 of a Single Judge of the High Court Division summarily rejecting a revisio..

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. ......were acquitted of the charge under section 25D of said Act for want of evidence.  2. The present appellants and accused Abu Taher Miah preferred separate appeals against the aforesaid order of conviction and sentence and a Division Bench of the High Court Division hearing the three ..

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.......he Respondent Nos. 1-4. Asrarul Hossain, Senior Advocate, Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 5. Civil Review Petition No. 4 of 1994. (From the judgment and order dated 1 November 1993 in Civil Appeal No. 20 of 1993). Judgment ATM Afzal J.- Thi..

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. ...... Amin, Advocate-on-Record —For the Petitioner.  Not represented- the Respondents. Civil Petition for Leave to Appeal No. 411 of 1995.  (From the judgment and order passed by the High Court Division in First Miscellaneous Appeal No. 379 of 1990). Judg..

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. ...... the High Court Division failed to notice that the final report of the surveyors were not conclusive in nature and it was a tentative assessment made on 30-5-91 with a clear observation that in order to ascertain the quantum of damages a discussion between the insurer, the insured and the su..

Category: Business or Commercial Law | Date: | Hits: 147

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. ......                   Bimalendu Bikash Roy Choudhury J.- By this petition, leave is sought to appeal from the order of a Division Bench of the High Court Division upholding an order of the Subordinate Judge, S..

Category: Property Law | Date: | Hits: 52

Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)

....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......an J.- Pre-emptor-petitioner filed Miscellaneous Case No. 3 of 1989 under section 96 of the State Acquisition and Tenancy Act and the same was allowed by the trial Court. Against that judgment and order pre-emptee respondents preferred Miscellaneous Appeal No.12 of 1991 and the same was allowed ..

Category: Property Law | Date: | Hits: 51

Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)

....rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......ict appellant, Abul Hossain Mollah alias Abu Mollah is from the Judgment and Order dated 21st May, 1996 passed by a Single Bench of the High Court Division in Criminal Revision No. 395 of 1994 uphold order of conviction and sentence affirmed learned Sessions Judge, Gopalganj in Criminal Appeal  No...

Category: Anti-Corruption Laws | Date: | Hits: 71