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Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....p;(13) Lawyers Involved: Abdul Malek instructed by Aftab Hossain, Advocate-on-Record—For the Petitioner. Shahabuddin Ahmed, Deputy Attorney instructed by Sajjadul Huq, Advocate-on-Record-For the Respondent. Criminal Appeal No. 3 of 1997. ......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......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)
....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. ......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......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)
....r Vs. Md. Hasan Bali & another……………...Respondents Judgment February 24, 1998. The Local Government (Union Parishads) Ordinance, 1983 (LI of. 1983), Section 78 The provision of notice under section 78 is a......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......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)
.... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Islam (Md) …… Appellant Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain and ors ……….Respondents Judgment March 9, 1997. ...... 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 ...... 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. ..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....man J Md Abdur Rouf J BB Roy Choudhury J Vice Chairman, Export-Promotion Bureau………………….Petitioner Government of Bangladesh……………………………&hellip......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). ......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. ..Category: Business or Commercial Law | Date: | Hits: 117
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....ne the delay. 2. Respondent Nos. 1 and 2 brought the suit for ejectment of the petitioner, a tenant of a shop room forming a part of a three-storied commercial building at Islampur Road, Dhaka on the ground of default in payment of rents. The petitioner contested the suit on the p......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......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)
....n situation in which the two foreigner-appellants now find themselves in it will be proper for us to exercise our discretion a little more, as we find that this is a fit case, as it stands now, to administer justice tempered with mercy. Hence sentence of two foreigner-appellants may be reduced t......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 ......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)
....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.......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......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...Category: Property Law | Date: | Hits: 89
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....ed on proforma defendant No.7. 3. Plaintiff-respondent’s case is that, Jaripuddin was a co-plaintiff of the suit and later when he confirmed to sell the ejmali property he was made proforma defendant No. 7 and a notice of temporary injunction was issued against him. He appear......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......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. ..Category: Property Law | Date: | Hits: 74
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....ucted by Md. Aftab Hossain, Advocate-on-Record — For the Appellant and Petitioner (In both the appeals and petitions.) AR Yusuf, Senior Advocate, instructed by Sharifuddin Chaklader — For the Respondents (In both the appeals and petitions.) Civil Appeal No. 76 of ......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......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)
.... Involved: Khan Saifur Rahman, Advocate, instructed by Shamsul Hoque Siddique, Advocate-on-Record — For the Petitioners. Mahbubey Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondent No.1. Not represented- Respo......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......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. ..Category: Property Law | Date: | Hits: 52
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....hellip;…………………………………………..Pre-emptor-Petitioner Vs. Sree Manik. Lal Somaddar & others………………….Pre-emptees-Respondent [I......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 ......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. ..Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
......Respondent Judgment May 4, 1997. The Penal Code, 1860 (XLV of 1860), Section 471 The punishment being awarded under section 471 of the Penal Code for four years along with fine instead of maximum of two years along with fine, the highest punishment provided for under section 471 be......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.......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. ..Category: Anti-Corruption Laws | Date: | Hits: 71
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works…………&helli...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ......is petition for leave to appeal by the writ petitioner-Government, which is barred by 32 days and the delay in filing which is condoned because of the explanation offered, is from the judgment and order dated 17-7-95 passed by a Division Bench of the High Court Division in Writ Petition No. 1436...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..Category: Property Law | Date: | Hits: 58
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ellip;………………………………………..Respondent Judgment June 3, 1997. The Trade Marks Act, 1940, section 73 The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, ......rketing and selling their product using the trade mark “ORALSALINE” and to withdraw all products of them from the market and also for a decree for compensation. On 1-4-95 an order of ad interim injunction was granted on the prayer of the plaintiff-respondent by the Additional District......Respondent Judgment June 3, 1997. The Trade Marks Act, 1940, section 73 The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, Rule 1 Interlocutory orders are based on prima facie findings upon the materials produced before the Courts at the time ......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ..Category: Intellectual Property Law | Date: | Hits: 242
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
.... Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Solaiman (Md).…………………….Defendant-Petitioner Vs. Sufia Akhtar Alam being dead, her heirs Narjesa Rahamatullah and others...............Respondents Judgment November 16......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......ioner. Md Nurul Huq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record — For the Respondents. Civil petition for Leave to Appeal No. 581 of 1995. (From the judgment and order dated 20-8-95 passed by the High Court Division in Civil Revision No. 409 of 1992). Judgmen......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..Category: Tenancy Law | Date: | Hits: 78
Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)
....tioner Vs. Chief Election Commissioner and others……………….. Respondents Judgment May 5, 1994. Result: The petition is dismissed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Sections 6(2), 9 & 13(b) The Oath of Office (Union Parish......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ......Haque Siddique, Advocate-on-Record—For the Respondent No. 5. Respondent Nos. 1-4 and 6-14— Not represented. Civil Petition for Leave to Appeal No. 158 of 1994. (From the judgment and order dated 9-3-94 passed by the High Court Division in Writ Petition No. 3777 of 1992). Judgmen......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ..Category: Election Law | Date: | Hits: 110
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
.... Judgment Bimalendu Bikash Roy Choudhury J.- In a case being Special Case No.72 of 1985 the petitioner was convicted by the Divisional Special Judge, Dhaka under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced to rigorous imprisonment for one year and a fin......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......rigorous imprisonment for one month more. Upon appeal Criminal Appeal No. 1058 of 1990 preferred by him a Single Bench of the High Court Division confirmed the conviction and sentence by judgment and order dated 28 January 1996. Being aggrieved the petitioner has presented this petition for leave to......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ..Category: Criminal Law | Date: | Hits: 95
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....) 86. ......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ...... Akram Hossain Amin, Advocate-on-Record-For the Appellant. Shamsul Haque Siddique, Advocate-on-Record— For Respondent Nos. 1 and 2. Civil Appeal No. 55 of 1997. (From judgment and order dated 18-7-94 passed by a Single Bench High Court Division in Civil Revision No. 133 of 1990 (......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
....vil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Enjaheruddin Mia alias Md Enjaheruddin Mia………………..Petitioner Vs. Mohammad Hossain and others………………….Respondent Judgment July 31, 1997. Result: Th...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ...... then moved the High Court Division in revision against the appellate decree and obtained Rule in Civil Revision No. 143 of 1994. A learned Single Judge of the High Court Division by his judgment and order dated 31-3-97 has discharged the Rule and upheld the decree of the lower appellate Court. ...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ..Category: Property Law | Date: | Hits: 93
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