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Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)

....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......nbsp;                Mustafa Kamal J: This appeal by leave by the defendants is from the judgment and order of a learned Single Judge of the High Court Division dated 25.11.91 in Civil Revision No.4012 of 1991 (Dhaka)/Civil Rev..

Category: Property Law | Date: | Hits: 124

Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)

....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......assed by a Division Bench of the High Court Division in Criminal Appeal No.28 of 1990 dismissing the appeal, thereby confirming the judgment and order dated 14.11.85 passed by the Additional Sessions Judge, Gazipur in Sessions Case No.3 of 1989 convicting the appellants along with one Golap under se..

Category: Criminal Law | Date: | Hits: 49

Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)

....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......n of materials by the Government, the Court is of the opinion that the impugned order has not been passed in the public interest, it can declare it to be so. Shahabuddin Ahmed, J [who is the author‑Judge of the case reported in 34 DLR (AD) 321], opined that it is the Government who is the better j..

Category: Administrative Law | Date: | Hits: 175

Special Reference No. 1 of 1995, 24 CLC (AD)

.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed.  This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......ical provisions. 15. We have heard some argument from Dr. Kamal Hossain as to jurisprudential objection to the advisory jurisdiction of Courts entertained by some Jurists, text‑book writers and Judges in the American and English Jurisdictions mainly on the ground of inexpediency, inconvenience..

Category: Constitutional Law | Date: | Hits: 248

Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)

....r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in:  1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......bsp;             Latifur Rahman J.- This appeal at the instance of defendant‑appellant is directed against the judgment of a Single Judge of the High Court Division passed in Civil Revision No. 3823 of 1991 (Dhaka), remanding Title..

Category: Property Law | Date: | Hits: 47

Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)

....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......bsp;       M H Rahman CJ: The appellant filed a miscellaneous case under section 74 of the Trusts Act, 1882, FMA No. 74 of 1992 before the Court of Additional District Judge, First Court Dhaka, praying for his appointment as a trustee of a Trust created by his father..

Category: Property Law | Date: | Hits: 76

Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)

....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......judgment and order dated 24.8.93 of the High Court Division passed in Appeal from Original Decree No. 267 of 1992, affirming the judgment and decree dated 3.11.92 passed by the learned Subordinate Judge, Chittagong in Money Suit No. 2 of 1992, decreeing the suit. 2. Plaintiff‑respo..

Category: Business or Commercial Law | Date: | Hits: 114

Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)

..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......accused‑petitioner who claims to be a child within the meaning of the Children Act, 1974 is facing trial along with others in Sessions Case No. 14 of 1994 in the Court of Additional Sessions Judge, Moulvi Bazar. On the date of framing of the charge on 31.8.94 an application was filed by th..

Category: Criminal Law | Date: | Hits: 66

Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)

....ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ......sp;        ATM Afzal J: This petition at the instance of 3rd party‑objectors in Other Class Execution Case No.4 of 1993 of the Court of the Senior Assistant Judge, Additional Court, Sadar Mymensingh arises out of judgment and order dated 8 November 1994, p..

Category: Civil Law | Date: | Hits: 109

Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)

....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ...... Judgment:                   M H Rahman CJ: Appellant was condemned to death by the Additional Sessions Judge, Cox's Bazar under section 302 of the Penal Code by his judgment and order dated 28 May 1990 ..

Category: Criminal Law | Date: | Hits: 73

C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)

....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice.   ......g all formalities but subsequently he avoided to perform his part of the contract which compelled the appellant to file Title Suit No. 249 of 1984 in the First Court of Munsif, Dhaka (now Assistant Judge) for specific performance of contract impleading the Government as defendant No.2. 5...

Category: Property Law | Date: | Hits: 86

Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)

.... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ......bsp;               Latifur Rahman J- Plaintiff‑Respondents filed a suit for perpetual injunction in the Court of Assistant Judge, Faridpur, being Title Suit No. 21 of 1993, and prayed for temporary injunction in that suit..

Category: Civil Law | Date: | Hits: 95

Hasan Ali and others Vs. State, 1995, 24 CLC (AD)

....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......nbsp;                Shahabuddin Ahmed CJ: These four appellants were convicted by Special Tribunal and Assistant Sessions Judge, Kurigram, under section 15 of the Special Powers Act and sections 431, 143 and 447 of the Pe..

Category: Criminal Law | Date: | Hits: 60

Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)

....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......;     Shahabuddin Ahmed CJ: This appeal by leave calls in question an order of the High Court Division dated 12 June 1994 transferring a criminal case from the Court of Sessions Judge, Shariatpur to that of the Sessions Judge, Madaripur, under section 526 of the Criminal Proc..

Category: Criminal Law | Date: | Hits: 67

Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)

....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......Investigation Department had taken up re‑investigation of the case and he was assigned with the re‑investigation. It is found that a revisional application was filed before the Sessions Judge against reinvestigation which was undertaken on the prayer of the Criminal Investigation Depa..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)

.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......ted 5.10.92 ordered the Islami Sramik Shangha to deliver possession to t e Authority. The Shangha instead of complying with the said order filed a suit, No 93 of 1992, in the Third Court of Assistant Judge, Chittagong which is pending. 11. The allegations made in the grounds of detention have bee..

Category: Constitutional Law | Date: | Hits: 185

Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)

....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......sp;  Shahabuddin Ahmed CJ.- This appeal by special leave is directed against a decision of the High Court Division dated 14 July 1993 in first Appeal No. 87 of 1986 confirming the Subordinate Judge's Judgment and decree in Title Suit No. 46 of 1979. Questions raised in this appeal are wheth..

Category: Property Law | Date: | Hits: 69

Haider Ali Khan vs. State, 1995, 24 CLC (AD)

....ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......dgment and order dated 10.6.199 1. An appeal from the said order of conviction and sentence having been dismissed by the Additional District Magistrate, Dhaka, a revision was taken to the Sessions Judge which also proved unsuccessful. The petitioner then filed an application under section 561A o..

Category: Criminal Law | Date: | Hits: 74

Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)

....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......in Civil Revision No. 327 of 1980 decreeing the respondent‑plaintiffs' suit in part. 2. Respondent Nos. 1‑3 filed the suit, Title Suit No. 11 of 1972 of the Court of Subordinate Judge, Patuakhali, for partition claiming 0.3077 acres in the suit property and for a declaration t..

Category: Property Law | Date: | Hits: 51

Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)

....p; With this modification in the decree the appeal is dismissed without any order as to costs.  Ed.   This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......vil Revision No. 1809 of 981).  Judgment  Mustafa Kamal J.- This appeal by leave by the plaintiff's successor is from the Judgment and order dated 16.11.88 passed by a learned Single Judge of the High Court Division, Jessore Bench in Civil Revision No. 1809 of 1981, affirming the ju..

Category: Property Law | Date: | Hits: 146