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Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ......r, on the prayer of a co-accused Farooque Talukder the was transferred to the CID for further investigation Subsequent thereto on the prayer of the informant the Government decided to withdraw the case from the Criminal Investigation Department of withdrawing the earlier order for investigation ..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......eal by leave from an order dated 31st May 1992 passed by Division Bench of the High Court Division rejected Writ Petition No. 1950 of 1992 filed by the appellant summarily. 2. Facts of the case, briefly, are, that respondent No. 4 sold 0.87 acres of land of CS Plot No. 570 under CS Khati..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ......6-95 against order No. 14 dated 27-6-95 for rejection of the prayer for temporary mandatory injunction. The appeal was allowed on 8-8-95 and after setting aside the order appealed against the case was sent back on remand for rehearing of the application for temporary mandatory injunction. O..Category: Procedural Law | Date: | Hits: 122
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ....... ERD/ Ba-5 (153) Misc. 34 dated 28.9.94 pending disposal of the said AT Case, whereby he has been directed by the respondent to repay certain amount of money. 2. Petitioner’s case in short, is that he is the Director (Finance), Mukti Joddhya Kalyan Trust. On June 1994 by O..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......r of the local Sammilani Girls’ High School which is a ‘local authority’ within the meaning of section 7 (2)(e) of the Local Government Ordinance, 1983, reliance was placed on the case of Abdul Mazid vs. Abu Zaffar Mohammad Khalil & ors., 14 BLD (HCD) (1994) 488, which was a..Category: Others | Date: | Hits: 85
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......ppellant before us) and others and (JR Case No. 76 of 1986 was started on the basis of the said First Information Report under sections 147/148/149/ 323/324/326/307/114/ of the Penal Code. The said case is pending in the court of Sessions Judge, Sylhet as Sessions Case No. 54 of 1994 for trial.&..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......eeling that because of sheer incompetence, negligence and bungling at the trial stage in the Special Martial Law Court at Comilla and then in the Sessions Judge’s Court at Chandpur a gruesome case of murder will remain untried making a travesty of justice. 3. Facts of the case..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....ontemplated in sub-section (2) of section 4 of the Act. In that decision it has further been held in paragraph 12 as follows: “Jurisdiction of a court goes to the very root of a matter brought before it, and if the court got no jurisdiction, everything shall fall th......l No. 30 of 1992 setting aside the judgment and order passed by the Administrative Tribunal, Dhaka on 21-3-92 in Administrative Tribunal Case No. 126 of 1987. The respondent filed the case before the Administrative Tribunal against an order of his removal from service passed by the ..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....urn cases were just being decided in England which established the principle of “sufficient interest” for a standing and the doctrine of public interest litigation or class action was yet to take roots in the Indian Jurisdiction. The springboard for the liberalisation move was the momentous stat......jurisdiction under Article 102: Per Mustafa Kamal J delivering The Full Court Judgment. ……(47-48) Per A TM Afzal J (agreeing): The Court in considering the question of standing in a particular case, if the affected party is not before it, will enquire as to why the affected party is not comin..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......duty has been cast upon the court to make them parties in the legal proceeding, when the right to sue survives. From the date of acceptance of the appellants’ application for prosecuting the case in absence of the deceased plaintiff, there was no legal existence of the deceased plaintiff i..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......rtunity to defend himself in the proceeding and thereby he was illegally dismissed from service. 3. Respondent Nos.1 and 2, as opposite party Nos. 1 and 2 respectively, contested the case by filing a joint written statement denying the allegation of the petitioner and asserting, in..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......ion by judgment and order dated 17-2-97 from which the petitioner has preferred the petition for leave to appeal. 2. Mr. SR Pal, learned Counsel for the petitioner, submits that the case of the plaintiff respondent being that a deed of lease was executed on 2-1-88 by and between ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ...... 3. The defendant appellants by filing on September 20,1986 a joint written statement had been contesting the suit denying the material allegations of the plaintiff made in the plaint. Their case, inter alia, is that the whereabouts of defendant Nos. 1 and 2 were not known during and after..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......ecord the concerned authority dismissed him from service on 2-5-86. He then preferred a departmental appeal, which was dismissed on 20-12-86. 4. Thereafter he instituted the aforesaid case in the Administrative Tribunal under section 4(2) of the Administrative Tribunals Act, 1980 b..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......dant No.3 after having secured an order of stay from the High Court Division had taken away crops from the suit land in spite of the protest made by the Receiver, which had given rise to a criminal case. 4. This court is loathe to interfere in the matter of appointment of a Receive..Category: Property Law | Date: | Hits: 87
Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)
.... having been exercised judiciously there is nothing for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ......hellip;………….Respondents Judgment June 26, 1997. The Code of Civil Procedure, 1908 (V of 1908) Order XXII rule 3 The civil revision case having been disposed of two years back there remains nothing for recording an order of abetmen..Category: Civil Law | Date: | Hits: 150
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......llip;..(9) Lawyers Involved: Dr Rafiqur Rahman, Senior Advocate, (M A Baqui, Advocate with him), instructed by Serajur Rahman, Advocate-on-Record— For the Appellants in both the cases. Khandker Mahbubuddin Ahmed, Senior Advocate (A W Khandker, Advocate with him) instruc..Category: Business or Commercial Law | Date: | Hits: 150
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ...... 1877), Section 55 The High Court Division has rightly pointed out that an order of mandatory injunction cannot be sustained if the subject matter of the dispute is not sufficiently specified. In cases of injunctions the court must always be very cautious in specifying the property so that on ac..Category: Property Law | Date: | Hits: 101
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......st Class, Jhalakati having been summarily rejected by a Division Bench of the High Court Division on 20 August 1997 he is now seeking leave to appeal from the order. 2. The complaint case briefly, is that the petitioner (accused No. 1) and three other accused who are inter related ..Category: Criminal Law | Date: | Hits: 79