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Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
.... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ...... Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J Shamsul Arafin Khan …………………..Appellant Vs. Kazal Miah and others………………… Respondents Judgment ......Appellant. Md. Nowab Ali, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-4. Civil Appeal No. 58 of 1996. (From the judgment and order dated August 20, 1996 passed by the High Court Division in Civil Order No. 2474 of 1996). ..Category: Others | Date: | Hits: 87
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
.... 2. The present appellants in the said AT Case asked for a declaration that the gradation list of the Appraisers published by the Collector of Customs Chittagong on 26-11-88 was illegal and unlawful They claimed that as per memo of the Board of Revenue dated 21-6-77 and as per the Principal......pellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J B B Roy Choudhury J Azizul Haque Sikder and others………………………Petitioners ......and 19. Mahmudul Islam, Senior Advocate, instructed by Md Altaf Hossain, Advocate-on-Record — For Respondent No. 33. Civil Appeal No. 45 of 1995. (From the Judgment and order dated 29-9-93 passed by the Administrative Appellate Tribunal Appeal No. 74 of 1993) Jud..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....defendant-appellants trespassed into the land of the plaintiff respondent and thus incurred a tortious liability which is actionable per se did the High Court Division take the right view in law and on facts in assessing the quantum of damages sustained by the plaintiff The plaintiff-respo...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin &......Ext. 14 is a totally different Exhibit. The plaintiff as PW 1 clearly admitted in his cross examination that he has not filed the certified copy of the petition of compromise, nor has he filed any order of the Court in respect of the compromise. Mr. Rafiq-ul-Huq has submitted an application for ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....No. 1477 of 1988, thereby declaring the enlistment of the disputed building in the ‘ka’ list of abandoned building vide notification in the Official Gazette dated 23-9-86 to be without lawful authority after setting aside the judgment and order passed by the Court of Settlement on 22......Rahman J Md Abdur Rouf J BB Roy Choudhury J Government of Bangladesh ………………….Appellant Vs. Ashraf Ali @ Ashraf Ali and another ……………………………......vocate, instructed by Md Nowab Ali, Advocate- on-Record--For the Respondent No. 1 Not represented—Respondent: No. 2 Civil Appeal No. 55 of 1994. (From the judgment and order dated June 22, 1993 passed by the High Court Division in Writ Petition No. 1477 of 1988). ..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....se No. 116 of 1983 in the Court of Upazila Magistrate, Anawara, wherein respondent No. 2 alleged that the said document was fraudulently created, learned Judges of the High Court Division erred in law in not holding that the present case against the appellant and three other accused persons cann....... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shamsuddin Ahmed Chowdhury………………………. Appellant Vs. State and another……………….. Respondents Judgment ......d by Sharifuddin Chaklader, Advocate-on- Record—For the Respondent No. 1. Not represented—Respondent No. 2. Criminal Appeal No. 10 of 1995. (From the judgment and order dated August 29, 1995 passed by the High Court Division in Criminal Revision No. 290 of 1991..Category: Criminal Law | Date: | Hits: 72
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
....pecial order specifically provides. 10. Therefore, without subscribing to the reason or lack of them in the judgment of the High Court Division we find that there is no substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed.......lved: Khan Saifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record — For the Petitioner. KS Nabi, Attorney General, (Abdul Wadud Bhuiyan, Additional Attorney-General and Shar Chaklader, Assistant Attorney-General with him), instructed by Mvi Md Wahidullah, Advocat......essions and, secondly, a Court of Sessions cannot have two sitting places at the same time. The writ petition was dismissed summarily by a Division Bench of the High Court Division by judgment and order dated 30-4-97 from which the accused-petitioner has preferred this petition for leave f to ap..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....mes also by the winning party. Facts of the case sometimes are not even carefully stated, arguments are but little noticed and often the case is decided only upon a dogma unsettling the established law and procedure. This, we must say, is highly undesirable and has a corroding effect on the admi......ttorney-General, instructed by Mvi Md. Wahidullah, Advocate-on-Record- For the Appellant. Abdus Sobhan, Advocate, instructed by M Nawab Ali, Advocate-on-Record—For Respondent. Khandker Mahbub Hossain, Senior Advocate instructed by Shamsul Haque Siddique, Advocate- on-Record&m...... Hossain, Senior Advocate instructed by Shamsul Haque Siddique, Advocate- on-Record—For the father of the deceased (PW 6). Criminal Appeal No. 30 of 1996 (From the judgment and order dated 13-8-95 passed by the High Court Division, Dhaka in Criminal Appeal No. 258 of 1992). ..Category: Criminal Law | Date: | Hits: 77
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....e dues and our charges of the Port Authority. The appeal is by way of leave under Article 103(3) of the Constitution of the People’s Republic of Bangladesh, which is limited to a question of law. The question involved is whether the learned Admiralty Judge acted beyond his jurisdiction in ...... Md Abdur Rouf J BB Roy Choudhury J Chairman, Chittagong Port Authority & another…………….Appellants Vs. Ministry of Defence and others………………Respondents Judgment Januar......r arrest since 15 September 1991 might be exempted from payment of all port dues and other charges of the Chittagong Port Authority which had accrued and was to accrue till the date of her release, ordered, amongst other things, that the vessel MV Fong Yun “be allowed to leave the territori..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....rs, first argues that the High Court Division was wrong in disposing of the revision case on merit in the absence of the learned Advocate for the petitioners. He next argues that the suit is bad in law for non-joinder of party and also for not bringing into hotch potch all the joint properties. ......51 ......sain, Advocate-on-Record. — For the Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 190 of 1997 (From the judgment and order dated 26 January, 1997 passed by the High Court Division in Civil Revision No. 1993 0f 1996)..Category: Property Law | Date: | Hits: 71
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....urged before us as before the High Court Division. The charge other materials indicate that there is a prima facie case of criminal offence against the petitioners and other Again there is nothing in law precluding a criminal case on account of a civil suit pending against the petitioners on the sam......97) 132 ......m Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record. Not Represented— Respondent. Criminal Petition for Leave to Appeal No. 54 of 1996. (From the Judgment and order dated 20 November 1995 passed by the High Court Division in Criminal Revision No. 246 of 1989)..Category: Anti-Corruption Laws | Date: | Hits: 75
....igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......ppellate Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Md. Abdur Rouf J
Md. Ismailuddin Sarker J
Chairman, Zilla Chora Chalan Daman Samanaya Committee, Mymensingh and another……………...Petitioners
Vs.
Md. Kabirul Islam Beg and 5 others …………......ion Nos. 520, 521, 523 of 1994).
Civil Petition For Leave to Appeal Nos. 438 & 439 of 1994.
with
Civil Petition For Leave to Appeal Nos. 520 to 523 of 1994.
(From the judgment and order dated 9th May, 1994 passed by the High Court Division, Dhaka in Writ Petition Nos. 1353, 1354,..
Category: Others | Date: | Hits: 128
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....liefs summarily on a revisional application without issuing any Rule on the opposite party is neither legal nor fair and the learned Judges of the High Court Division have committed grave error of lawn passing the impugned order giving the respondent full relief in a summary manner. ...... Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Karnafuli Cotton Mills Ltd................... Petitioner Vs. United Commercial Bank Ltd. and others............... Respondents Judgment November 8th, 1995 Cases Referr...... Mustafa Kamal J This petition for leave to appeal by defendant-opposite party No. 1 is from the judgment and order dated 9-7-95 in which a Rule sought to be obtained by the plaintiff- petitioner-respondent wa..Category: Procedural Law | Date: | Hits: 98
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....such, the case of the petitioner is liable to be dismissed. 4. Mr. Md. Serajul Huq, learned Advocate appearing for the petitioner, submits that the Administrative Appellate Tribunal erred in law in interpreting and, considering the provisions of Rule 25(2)(3) of the Government Servants (Di...... Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, and others …………….Respondents Judgment ......n-Record— For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 128 of 1994 (From the Judgment and order dated 6-1-94 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 18 of 1993)..Category: Administrative Law | Date: | Hits: 120
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara Begum&helli......cates-on-Record - For the Appellants. Zakir Hossain, instructed by Md. Nawab Ali Advocates-on-Record-For the Respondent. Civil Appeal No. 87 of 1993 (From the judgment and order dated 19 May 1993 passed by the High Court Division, Dhaka in FA No. 835 of 1991). Ju..Category: Property Law | Date: | Hits: 72
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....ts alike and consequently by both the Tribunals below. 9. We shall quote to begin with Article 136 of the Constitution which is as follows: “136. Provision may be made by law for the reorganization of the service of the Republic by the creation, amalgamation or unifica...... Md Abdur Rouf J BB Roy Choudhury AFB Jahan Mia (Md)………… …………Appellant Vs. Chairman, National Board of Revenue and others…………………………. Responde......Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Shamsul Haque Siddique Advocate-on-Record—For the Respondents Civil Appeal No 21 of 1993. (From the Judgment and order dated 24-6-90 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appeal..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....ground for refusal of bail.” We shall only add “to the respondent”. 15. The only question is whether there are reasonable grounds as indicated above for refusing bail, to the respondent. The law permits granting of bail, even in a case where there are such reasonable grounds for refusing ba......he Petitioner. 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.......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..Category: Criminal Law | Date: | Hits: 115
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....has charge” which is under enquiry, trial or appeal. Any action taken by the Public Prosecutor, in such I case particularly when a case has been stopped due to expiry of the time-limit (which law has since been repealed) will be deemed to be an ac behalf of the Government so long as tie Gov......vision (Criminal) Present: ATM Afzal, CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Alimuddin and others………………. Petitioners Vs. State &he......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..Category: Criminal Law | Date: | Hits: 74
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
....that a monthly tenancy is heritable. The learned Judge of the High Court Division rejected the review petition by the impugned judgment and order holding, inter alia, that a subsequent change is case law cannot be a ground for review. 6. Mr. Miah Abdul Gafur, learned Advocate on-Record appearing ......7) 116 ......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..Category: Property Law | Date: | Hits: 63
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
....udgment and order dated 28-5-96 discharged the Rule holding, inter alia, that in view of the amendment made by Act XLII of 1992 to the provisions of section 167 Cr. P. C., which being a procedural law operates retrospectively, the petitioners have no vested right to get benefit for repealed pro...... Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J AKM Azizul Islam and another………………Accused-Petitioners Vs. Sta......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). ..Category: Criminal Law | Date: | Hits: 87
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
...., namely, Writ Petition No. 721 of 1994 in which the writ petitioner was a different person, the occurrence was different and the trial was also held by different Special Tribunal, but the point of law involved in the said writ petition was the same as in instant writ petition. The learned Judge......lip;…………………………….. Appellant vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another…………….. Respondents Judgment April 9th, ......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..Category: Criminal Law | Date: | Hits: 98
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