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Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)

....alder, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondent. Civil Appeal No. 41 of 1996. (From the judgment and order dated 6 February 1994 passed by the High Court Division in Civil Order No. 653 of 1994). Judgment Bimalendu Bikash Roy Choudhur......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ..

Category: Family Law | Date: | Hits: 212

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

....al character of public service…………………….(66) The Constitution of Bangladesh, Articles 102 & 117 (iv) In Mujibur Rahman v. Bangladesh, 44 DLR (AD) 111, the right to move the High Court Division under Article 102 (1) for enforcement of fundamental right, which itself is a fu......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..

Category: Constitutional Law | Date: | Hits: 185

Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)

....etitioner Vs. Bangladesh and others.......... Respondents Judgment March 20, 1997. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Article 102 The High Court Division vacated the order of stay granted earlier and refused to grant stay any further,......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ..

Category: Others | Date: | Hits: 112

Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)

....etitions). Not Represented — the Respondents (In both Petitions). Criminal Petition for Leave to Appeal Nos. 134 and 135 of 1995. (From the Judgment and order dated 5-7-95 passed by the High Court Division in Criminal Appeal Nos. 1901 and 2023 of 1991). Judgment Latifur Rahman J...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ..

Category: Procedural Law | Date: | Hits: 157

State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)

.... and others………………Respondents Judgment April 1, 1997. Result: The petition is dismissed. The Evidence Act, 1872 (I of 1872), Section 45 It has been rightly found by the High Court Division that it was unsafe to proceed against the accused persons on uncorroborated opi......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ..

Category: Procedural Law | Date: | Hits: 120

Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)

.... withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..

Category: Procedural Law | Date: | Hits: 134

Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)

....cted by M Nawab Ali, Advocate-on-Record—For the Respondent No.1. Not represented—Respondent No. 2. Civil Appeal No. 6 of 1996 (From the judgment and order dated 27-11-94 passed by the High Court Division in Appeal from Original Order No. 80 of 1994). Judgment Latifur Rahman J.......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..

Category: Others | Date: | Hits: 105

Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)

....also made for local inspection. Both the prayers were heard together and the learned Subordinate Judge, by an order dated 28 October 1996, rejected the same. Being aggrieved defendant No. 3 moved the High Court with a revisional application against the said order. A Division Bench of the said Court ......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ..

Category: Property Law | Date: | Hits: 82

Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)

....livery of possession have not been proved. When the trial court gave cogent reasons of its decision, it was obligatory for the Appellate court to meet the same to hold a contrary view. Therefore, the High Court Division was justified in interfering with the judgement of the appellate court………�......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ..

Category: Property Law | Date: | Hits: 88

Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)

....ahidullah, Advocate-on-Record- For the Petitioners. Not Represented—the Respondents. Civil Petition for Leave to Appeal No. 129 of 1997. (From the judgment and order passed by the High Court Division in Writ Petition No. 84 of 1992). Judgment Latifur Rahman J.- This p......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..

Category: Property Law | Date: | Hits: 81

Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)

....�……….Appellants Vs. ASF Rahman and others…………………………………….Respondents Judgement July 31, 1997. Result: The appeals are dismissed. Rules of the High Court Division, Chapters II & III of Part 1 (Volume 1) A single judge of the High Court......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..

Category: Procedural Law | Date: | Hits: 138

Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)

....ate share of the suit plot well demarcated by boundaries so as to be entitled to retain their possession against their co-sharers till the legal partition by way of permanent injunction and hence the High Court Division was correct in setting aside the order of injunction passed by the Court below. ......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..

Category: Property Law | Date: | Hits: 83

Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)

....e all steps under the rules but to pass an order of dismissal the Respondent was required to be specifically authorised by the Parishad in that behalf, himself being not the appointing authority. The High Court Division was correct in holding that the dismissal order was passed by an incompetent aut......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..

Category: Employment/Service Law | Date: | Hits: 145

Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)

....dvocate-on-Record—For Respondent No. 4. Ex-parte—Respondent Nos. 1-3, 5-9. Civil Appeal No.13 of 1999. (From the judgment and order dated 3-8-1999 passed by the High Court Division in Admiralty Suit No.48 of 1996). Judgment &......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 202

Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)

.... the nature and character of the election petition having not been changed the amendments can not be struck down. ……………………(11) (ii) The High Court Division should not entertain writ petitions against interlocutory orders passed by the...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ..

Category: Election Law | Date: | Hits: 109

Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)

.... - For Respondent No. 1. Not Represented — Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 125 of 2000. (From the Judgment and order dated 18th November, 1999 passed by the High Court Division in Civil Revision No. 2757 of 1999). Judgment Mahmudul Amin Choudhury J.......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..

Category: Property Law | Date: | Hits: 101

Shahid Miah Vs. State, 2000, 30 CLC (AD)

...., Advocate-on-Record—For the Petitioners. Not resented—The Respondents. Criminal Petition for Leave to Appeal No. 208 of 1999. (From the judgment and order dated 7-7-1999 passed by the High Court Division in Criminal Misc Case No. 4023 0f 1999). Judgment AM Mahmudur Rahman J....... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ..

Category: Criminal Law | Date: | Hits: 109

Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)

...., Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 914 of 1998. (From the Judgment and order dated 15-6-1998 passed by the High Court Division in Civil Revision No. 2038 of 1994). Judgment Latifur Rahman CJ. - This......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..

Category: Business or Commercial Law | Date: | Hits: 148

Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)

....ocate-on-Record— For Respondent No. 1. Not represented— Respondent No. 2. Civil Petition for Leave to Appeal No. 70 of 1998. (From the Judgment and order dated 2-3-1997 passed by the High Court Division in Civil Revision No. 1469 of 1992). Judgment AM Mahmudur Rabman J. - ......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ..

Category: Civil Law | Date: | Hits: 162

Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)

....ucted by Md. Nawab Ali, Advocate-on-Record — For the Respondent(In Criminal Appeal Nos. 26-28 of 1996) Criminal Appeal No. 6 of 1998. (From the Judgment and order dated 7-5-1996 passed by the High Court Division in Criminal Appeal No.96 of 1994). with Criminal Appeal Nos. 26-28 of 1996......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..

Category: Criminal Law | Date: | Hits: 108

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