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Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
....din tablets from Asia Medical Hall of which the petitioner is the proprietor. The Chief Metropolitan Magistrate, Dhaka transferred the case to the Court of the Senior Special Tribunal and Sessions Judge, Dhaka where it was numbered as Special Tribunal Case No. 70 of 1989. On 15-2-89 the Senior S......oceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ......s, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ...... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ..Category: Criminal Law | Date: | Hits: 99
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......agistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......e himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......and were lodged in a hotel. Thereafter accused-petitioner No. 1 fled away and the Thai Police arrested the affected persons who were put in jail. On being released from jail they somehow came back to Bangladesh, but their money was not refunded. The allegation prima facie attracts the mischief of th..Category: Criminal Law | Date: | Hits: 149
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......dy without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ...... Md. Abdur Rouf J Md. Ismailuddin Sarker J Nasima Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others……&helli..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....1, 1993 passed by the High Court Division in Civil Revision No. 384 of 1990 discharging the Rule and upholding thereby the judgment and decree passed on October 11, 1989 by the learned Subordinate Judge, Meherpur allowing Title Appeal No. 156 of 1986 and setting aside the judgment and decree dat......ent and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....ng the judgment and decree dated 3 January 1987 passed by the Additional Munsif, Sadar, Mymensingh, in Other Class Suit No. 6 of 1986 after setting aside the order of remand passed by the Subordinate Judge, 1st Court, Mymensingh, in Other Class Appeal No. 32 of 1987. 2. The heirs of the defendant......result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....the former Managing Committee have challenged the dissolution of the Managing Committee in Writ Petition No. 446 of 1995 and another suit is also pending in that regard in the 3rd Court of Assistant Judge, Dhaka. By that time the petitioner having completed his 60 years of age on 30-8-95 retired fr......to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ......rit-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ......Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment November 20, 1996. Result: The pe..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....n full on 28 January 1963. 5. The heirs of the transferee-defendant preferred Title Appeal No. 51 of 1963 against the said decree. The appeal was on transfer heard by the learned Subordinate Judge Third Court. Comilla who negatived the plea of oral agreement for reconveyance in respect of ......he said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ..Category: Property Law | Date: | Hits: 60
....g at Khudbandi and, as such, the concerned authority has rightly stopped payment of their salaries and disbursement of other Government allowances.
4. In disposing of the writ petition the learned Judges of the High Court Division, for obvious reason, did not go into the dispute of shifting of th......statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
......t and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
......
Appellate Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Secretary, Ministry of Education, Government of the People’s Republic of Bangladesh and others………………..Respondents-Appellants
vs.
Md. Anwar Hossain and othe..
Category: Employment/Service Law | Date: | Hits: 95
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....ppearance in the suit and filed a written statement but ultimately did not contest the same. Defendant Nos. 9 and 10, however, contested the suit. 4. On 28 August 1991 the learned Assistant Judge, First Additional Court, Sadar, Chittagong, decreed the suit and directed defendant Nos. 1-3,......gal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......tion we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....t Division in Civil Revision No. 1419 of 1993 making the Rule absolute. Facts of the case, briefly, are that the appellant-Corporation filed five applications before learned District Judge, Tangail under article 27 of the Bangladesh House Building Finance Corporation Order, 1973 (P......alls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh House Building Finance Corporation ………………&hell..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....gment and order dated 8 June 1995 passed by a Division Bench of the High Court Division in FA No. 79 of 1993 which arose out of the judgment and decree dated 16 March 1993 passed by the Subordinate Judge and Artha Rin Adalat No. 4, Dhaka in Title Suit No. 110 of 1992 decreeing the suit. 2......be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......ed. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... Bimalendu Bikash Roy Chowdhury J: This appeal by the defendants, following leave, is directed against the judgment and order dated 18 April 1993 passed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (D......sult, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......s appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
.... not required to be compulsorily registered as required under section 95(2) of the Act and as such, the finding of the Land Appeal Board cannot be sustained in law.” Accordingly, the learned Judges of the said Court made the Rule absolute by the impugned judgment and order. 3. The ......ourt Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......ision in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......the operation of section 95 got registered kabalas attended with unregistered agreement so that the transaction would not be considered as complete usufructuary mortgage. This court in the case of Bangladesh vs. Abdul Gani, 32 DLR (AD) 233 pointed out with reference to the background of the legi..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
.... 497 of 1990). Judgment: Mustafa Kamal J: This appeal by leave by the defendant-appellants is from the judgment and order dated 4-2-93 passed by a learned Single Judge of the High Court Division in Civil Revision No. 497 of 1990, setting aside the concurrent de...... be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......ained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......esaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......inciples and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......ent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J. Mohsin Mia …………………..Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment & others .............Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....741 of 1994 summarily rejecting the revisional application moved the by appellant against the judgment and order passed in Criminal Appeal No. 61 of 1992 on 24-8-94 by the learned Additional Sessions Judge, Kishoreganj, dismissing the appeal and affirming thereby the order of conviction and sentence......n as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......l as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....inst the judgment and degree dated 13 March, 1989 passed by a Division Bench of the High Court Division in First Appeal No. 59 of 1981 reversing those dated 28 March 1980 passed by the Subordinate Judge, Additional Court, Mymensingh in Other Class Suit No. 270 of 1979 and thereby dismissi......n, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......ugh on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......aised the level of the low land. In March 1964 defendant No. 1 without executing and registering the sale deed in terms of the aforesaid agreement migrated to India. Although he came back to Bangladesh in 1972 and 1973 he failed to fulfill his obligation regarding transfer of the suit lan..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....en at the end that the question, not a very difficult one, has been answered correctly. 2. The appellant as plaintiff instituted Family Suit No. 35 of 1988 in the Family Court (Senior Assistant Judge, Sadar, Comilla) claiming dower and maintenance from the defendant-respondent. The suit was d...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
....free to take any decision for securing proper investigation and for the ends of justice in a case. We find no substance in the submission of Mr. Halder. 6. It appears that the learned Judges of the High Court Division while discharging the Rule imposed a cost of Taka 2,500.00 only t......he 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 ......tion 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 ......Roy Choudhury J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …….Respondents Judgment August 11th, 1996 ..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....ated 10-5-1992 as also the earlier order dated 15-6-1974 passed by respondent No. 1 in the redemption case were void orders. 8. It appears from the impugned judgment that the learned Judges observed that the earlier writ petition filed by the appellant against the original order of......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 ......awful 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 ......emoved. The relevant provision of the said Order reads thus: “2. Final revival of the Constitution.- All provisions of the Constitution of the People’s Republic of Bangladesh, which have not already been revived, are hereby revived; and all modifications made in..Category: Property Law | Date: | Hits: 88
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