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Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)

....nbsp;    Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ......filed Mortgage Suit No. 37 of 1994 against the petitioner and other in the Court of Subordinate Judge and Artha Rin Adalat, Chittagong for recovery of Taka 25, 96, 27,209.04 and on 26-2-95 filed an application under Order XXXIX rule 7 CPC for appointment of an Advocate Commissioner for making an..

Category: Procedural Law | Date: | Hits: 98

AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)

....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ....... 16 of 1989 allowing appeal and setting aside the judgment and order date 28-12-88 passed by the Administrative Tribunal  Dhaka in Tribunal Case No. 90 of 1987 allowing the appellant’s application in part, directing the respondents to r the appellant’s period service as Upper D..

Category: Administrative Law | Date: | Hits: 140

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

....o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......urgaon. It appears that the accused-persons were released upon stopping the trial on 12-11-1988 under section 339C of the Code of Criminal Procedure. On the same day the Public Prosecutor filed an application for revival of the case under section 339D and the case was revived by the learned Sess..

Category: Criminal Law | Date: | Hits: 74

Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)

.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......of 1990). Judgment Md. Abdur Rouf J.- This petition for leave, by the defendants, is from the judgment and Order dated 18.2.92 passed by a Single Bench of the High Court Division rejecting the application for reviewing its Judgment and Order dated 12.11.91 passed in Civil Revision No. 1136 of..

Category: Property Law | Date: | Hits: 63

AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)

.... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ......equently, the petitioners along with two others, namely Md. Abdus Sattar and Md. Zahidul Huq were arrested by the police in connection with the aforesaid case. On 16-10-91 the petitioners filed an application before the Magistrate for stopping investigation under sub-section (5) of section 167 C..

Category: Criminal Law | Date: | Hits: 87

Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)

.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ...... relevant papers on 12‑1‑94 and filed an under section 561 A of the Code of Criminal procedure in the High Court Division against the aforesaid judgement and order of and sentence. The application was moved on 13.2.94 but as the learned Judges of the High Court Division observed that..

Category: Criminal Law | Date: | Hits: 98

Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)

....e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......g the appellant’s appeal and affirming the judgment and order dated 15-5-93 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 27 of 1989, dismissing the appellant’s application under section 4(2) of the Administrative Tribunal Act, 1980 (Act No. VII of 1981), hence..

Category: Administrative Law | Date: | Hits: 131

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. ...... lodged by respondent No. 2 Complaint Case No. 26C of 1994 was instituted against the accused-petitioners in the Court of Magistrate, 1st Class, Sadar, South and Narayanganj. The petitioners filed an application under section 561A Cr.P.C. for quashing the proceedings of the said case which was rejec..

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 ......he grounds of detention. Reliance was placed upon the case of Habiba Mahmud vs. Bangladesh and others, 45 DLR (AD) 89. The Rule Nisi was discharged on 4-4-95. 5. The writ petitioner filed an application for review of the said judgment dated 4-4-95 in which it was stated that the detenu was..

Category: Criminal Law | Date: | Hits: 99

Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)

.... not be decided without evidence. Without going into the merit of the case the learned Subordinate Judge set aside the decree of the trial Court and sent back the case on remand to the said court for fresh trial in accordance with the observations made by him. He directed that the plaintiffs should ......ll note on the copy of the instrument contained in his books the fact of its cancellation.” 9. The principles underlying the distinction between a void document and a voidable document and their application to a suit to have the documents cancelled were considered in Akhbar Shah vs. Yusuf Shah,..

Category: Tenancy Law | Date: | Hits: 88

Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)

.... 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. ......ng Headmaster of the said school. 2. Relevant facts, in brief, are that, the petitioner as a Headmaster of the aforesaid school crossed the age of superannuation, 60 years, on 30-8-95. He filed an application on 12-7-95 for extension of his service. Respondent Na. 3, the Deputy Commissioner, Dhak..

Category: Constitutional Law | Date: | Hits: 163

Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)

.... 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 ......f. The decision was upheld by the learned Subordinate Judge, First Commercial Court, Chittagong, in Other Appeal No. 576 of 1991. Defendant Nos. 9 and 10 then moved the High Court Division with an application under section 115 of the Code of Civil Procedure. A learned Single Judge of the High Co..

Category: Property Law | Date: | Hits: 73

Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)

....d calls 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 ......d by a Division Bench of the High Court 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 Build..

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)

....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 ......me the sole owner of the said land and that the construction of the house could not have been completed because of financial difficulties. Defendant No. 1 also approached the said Ministry with an application, claiming that she had purchased the land from Md. Ismail under a registered kabala dat..

Category: Property Law | Date: | Hits: 82

Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)

.... Court failed to appreciate the evidence in its true perspective. He therefore contends that the High Court Division committed no illegality in reversing the decision and sending back the case for fresh disposal. 12. The submissions of the learned Counsel for both the parties necessitate ...... 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)

....h Court 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 ......he appeals were dismissed for default. The petitioners prayed for review of the orders of dismissal. The said Board took the view that since the agreements for reconveyance were not registered the applications for redemption were incompetent and accordingly, allowed the review by its order dated..

Category: Property Law | Date: | Hits: 72

Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)

....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. ......e by the convict-appellant is from the judgment and order dated 27-11-94 passed by a Single Bench of the High Court Division in Criminal Revisional No. 1741 of 1994 summarily rejecting the revisional application moved the by appellant against the judgment and order passed in Criminal Appeal No. 61 o..

Category: Criminal Law | Date: | Hits: 78

Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)

.... 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 ......ismissed by judgment and decree dated 17-4-1990. 4. On 19-10-89 the appellant filed family decree execution case No. 7 of 1989 under section 16 (3) (b) of the Ordinance. The respondent filed an application under section 16(3) (a) praying for monthly instalment of the attachable portion of his..

Category: Family Law | Date: | Hits: 144

Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)

....ned upon the submission that the High Court Division failed to notice that the order dated 10-5-1992 which was passed by respondent No. 1 and impugned in the subsequent writ petition gave rise to a fresh cause of action. It was also argued that the right of Respondent No. 4 to get back the land ......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 ..

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 ......claratory decree that the letter dated 15-4-95 issued by the Ministry of Commerce dissolving Executive Committee of Pabna Chamber Commerce and Industry is illegal, void and of in legal effect. The application for temporary injunction was also filed thereunder for restraining defendant No.  ..

Category: Procedural Law | Date: | Hits: 122