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Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......here is no materials on record to find that the accused had any knowledge about the proceeding because of the fact that at the relevant time he was living abroad. So the learned Additional Sessions Judge rightly exercised his jurisdiction affirmed by the High Court Division in granting opportunit..Category: Criminal Law | Date: | Hits: 73
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......dant No.2, is from judgment and decree dated 16 February, 1993 by a Division Bench of the High Court Division in First Appeal No. 53 of 1985 allowing the appeal, reversing those of the Subordinate Judge, Narsingdi passed in Title Suit No. 85 of 1985, and decreeing the suit. 2. The..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......l Appeal No. 79 of 1994. Judgment ATM Afzal CJ.- This appeal, by leave, defendant Nos. 45-47 in a partition suit being Suit No. 74 of 1979 of the Title Suit No. 40 1983. Court of Assistants Judge, Nazirpur (then Upazila), District Pirojpur raises the short question whether the amendment of..Category: Procedural Law | Date: | Hits: 149
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ....... The Code of Civil Procedure, 1908 (V of 1908), Section 24(1)(b)(i) The petitioner has not given any hard evidence of the trial Court’s fear or favour of and for the District Judge concerned, who is a party to the case. The High Court Division rightly did not encourage a tr..Category: Property Law | Date: | Hits: 71
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ......¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment October 29, 1996. Result: The petition is dismissed. The Waqfs Ordinance, 1962 (I of 1962), Section 64 Remedy of an appeal to the District Judge under section 64(2) of the Waqfs Ordinance is available to an aggrieved person only after his ..Category: Property Law | Date: | Hits: 91
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
.... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ......plication Civil Order No. 1900 of 1996. 2. The plaintiff filed Case No. 171 of 1994 under section 8 of the Guardians and Wards Act, 1890 in the Court of 1st Assistant Judge and Family Court Dhaka. He filed an application under section 12(1) of the said Act for visit..Category: Family Law | Date: | Hits: 156
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
....cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ......sp; Bimalendu Bikash Roy Choudhury J.- The plaintiffs are the petitioners before us. They brought in the Fourth Court of Assistant Judge, Dhaka a suit being Title Suit No. 234 of 1996 against defendant Nos. 1 and 2 and others to ..Category: Procedural Law | Date: | Hits: 109
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......FMA No. 1998).
Judgment
ATM Afzal CJ.- This petition by defendant Nos.2 and 3 arises Out of a proceeding for temporary injunction in the Suit No.29 of 1997 of the First Court of Subordinate Judge, Dhaka which was refused by the trial Court but granted in appeal, EMA No.10 of 1998 by the Hi..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......e of Rs. 6.05 crore and filed a writ petition in the Calcutta High Court and sought an interim order restraining the Central Excise Authorities from the levy and collection of excise duty. A Single Judge took the view that a prima facie case had been made out in favour of the company and by an i..Category: Criminal Law | Date: | Hits: 119
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......each in default to suffer RI for 2 years more each. Another accused Abdus Samad was convicted under section 323 of the Penal Code and sentenced to suffer RI for 1 month more by the learned Sessions Judge, Gaibandha by his judgment and order dated 18-7-88 in Sessions Case No.4 of 1988. On appeal,..Category: Criminal Law | Date: | Hits: 96
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......€¦â€¦â€¦â€¦â€¦.. Accused-Petitioner Vs. State ……………... Respondent Judgment January 8, 1997. The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Special Judge has jurisdiction to try the accused who is a public servant charged with an offence under sect..Category: Anti-Corruption Laws | Date: | Hits: 81
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......accused father Hafizur Rahman, brothers Ruma, Sultan and Keru and another co-accused Abdul Kader were convicted under sections 148/302/149 of the Penal Code by the 3rd Court of Additional Sessions Judge, Dhaka by his judgment and order dated 31-7-93 in Sessions case No. 314 of 1992 and were sent..Category: Criminal Law | Date: | Hits: 104
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......solution dated 17-9-87 dismissed him from service, which was approved by the Local Upazila Nirbahi Officer. 2. The petitioner filed Title Suit No.69 of 1987 in the Court of Assistant Judge, Banaripara challenging his dismissal from service. This suit was contested by the Chairman ..Category: Employment/Service Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......ision No. 2170 of 1990. Under section 25 of the Small Causes Courts Act, 1887, making the Rule absolute and reversing the judgment and decree dated September 1, 1990 passed by the learned Subordinate Judge and SCC Judge, Naogaon in SCC Suit No. 2 of 1986 decreeing the suit shop room. 2. The..Category: Tenancy Law | Date: | Hits: 93
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......; Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal is from an order dated 7 March 1996 of a Single Judge of the High Court Division summarily rejecting a revisional application preferred by the peti..Category: Property Law | Date: | Hits: 69
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......Jaripuddin challenge the judgment and order passed by the High Court Division in First Miscellaneous Appeal No. 379 of 1990, affirming the judgment and order dated 3-9-90 passed by the Subordinate Judge, Rangpur in Miscellaneous Case No. 39 of 1990 dismissing the Miscellaneous Case under Order 9..Category: Property Law | Date: | Hits: 74
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ...... of a Division Bench of the High Court Division passed in First Appeal No. 126 of 1995 on 2-12-96 allowing the appeal in part and modifying the decree of the trial Court. First Court of Subordinate Judge, Khulna passed in Money suit No. 3 of 1992 which decreed the plaintiff’s suit in ..Category: Business or Commercial Law | Date: | Hits: 147
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......nbsp; Bimalendu Bikash Roy Choudhury J.- By this petition, leave is sought to appeal from the order of a Division Bench of the High Court Division upholding an order of the Subordinate Judge, Second Court, Narayanganj refusing the prayer of the defendants for rejection of the plaint..Category: Property Law | Date: | Hits: 52
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......ion case in respect of land of SA Khatin No.185. In both khatians plot No. 991 is a common plot, but pre-emptor being not a co-sharer in SA Khatian No. 185 it was rightly held by the learned Single Judge of the High Court Division that the application was not maintainable. The land in question b..Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ...... the Judgment and Order dated 21st May, 1996 passed by a Single Bench of the High Court Division in Criminal Revision No. 395 of 1994 uphold order of conviction and sentence affirmed learned Sessions Judge, Gopalganj in Criminal Appeal No. 13 of 1993 and passed by the learned Assistant Sessions Ju..Category: Anti-Corruption Laws | Date: | Hits: 71
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