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Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented— Respondent Nos. 2-7. Civil Appeal No. 65 of 1993. (From the judgment and order dated 18 April 1993 passed by the High Court Division, Dhaka in Civil Revision No. 89 of 1987 (Chit...... 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2. The decision of this appeal turns upon the question whether the High Court Division, in exercise of its..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....ate-on-Record — For Respondent Nos .1 and 2. Not represented— Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 405 of 1996. (From the Judgment and order dated July 8, 1996 passed by the High Court Division in Writ Petition No. 64 of 1994) Judgment ......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 ..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....b Hossain Advocate-on-Record--For the Appellants. Miah Abdul Gafur, Advocate-on-Record--For the Respondent No. 1. Civil Appeal No. 3 of 1994 (From the Judgment and order dated 4-2-93 passed by the High Court Division in Civil Revision No. 497 of 1990). Judgment: ......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)
....cate on Record — For the Respondent No. 6. Not represented— Respondent Nos. 1-5. Civil Petition for Leave Appeal No. 49 of 1997. (From the judgment and order dated January 5, 1997 passed by the High Court Division, Dhaka in Writ Petitions No. 182 of 1997) ......tioner. In this context the petitioner by a notice dated 1-1-97 requested the respondents to sell the said Bash Mahal to the petitioner at the price offered by respondent No and 5 and intimate this decision in this regard within 3 days. No reply having been received from the respondents, the peti..Category: Constitutional Law | Date: | Hits: 149
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....l Huq, Advocate-on-Record—For Respondent No. 1. Not Represented — For the Respondent Nos. 2-5. Civil Appeal No. 42 of 1990. (From the judgment and order dated 13th March, 1989 passed by the High Court Division in Appeal from Original decree No.&n......Several documents were also proved by the parties in support of their respective cases. 5. The trial court, besides the issues framed in the regular course, took up an additional issue for decision: “Has the plaintiff acquired any title to the suit land by adverse possession?&rdquo..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....q, Advocate-on-Record— For the Appellant Miah Abdul Gafur, Advocate-on-Record — For the Respondent Civil Appeal No. 97 of 1993 (From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No. 1366...... the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No. 1366 of 1992). Judgment: ATM Afzal CJ: The main question raised for decision in this plaintiffs appeal by leave is whether a family court has power under sub-section (..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
....e-On- Record —For Respondent No. 1 Respondent Nos. 2-8-Not represented. Civil Petition for Leave to Appeal No, 345 of 1996 (From the Judgment and order dated 30-6-96 passed by the High Court Division, Dhaka in Writ Petition No. 2647 of 1995). ...... against him in a case. Further, it is primarily for the Government to decide which case will be investigated by the CID. This is purely an executive action and the Government is free to take any decision for securing proper investigation and for the ends of justice in a case. We find no substa..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....cted AMM Monzurul Hasan, Advocate-on-Record — the Respondent No. 4. Not represented— Respondent Nos. 1-3. Civil Appeal No. 40 of 1992. (From Judgment and order dated 31st May, 1992 passed by the High Court Division Dhaka in Writ Petition No. 1950 of 1992). ......f action against that order never abated unlike his writ petition. 11. Abatement of legal proceeding, inter alia, means in English Law where actions are brought to an end without any decision being arrived at on account of the cause of action ceasing to exist (Vide Aiyar’s Ju..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
....udge, Pabna Sadar (subsequently transferred to the Court of Senior Assistant Judge, Sujanagar, Pabna and as Other Class Suit No. 157 of 1995) praying for a declaratory decree that the letter dated 15-4-95 issued by the Ministry of Commerce dissolving Executive Committee of Pabna Chamber C...... this Division on 18-12-94. In view of our order passed in the leave petition both the petitions for addition of parties as well as for vacating the order of stay do not call for any further decision. Accordingly, those petitions are disposed of as not being necessary for deciding the ques..Category: Procedural Law | Date: | Hits: 122
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....ed by Md. Aftab Hossain, Advocate-on — For the Respondent No. 1. Not represented—Respondent Nos. 2-11. Civil Appeal No. 60 of 1995. (From the Judgment and order dated April 26, 1995 passed by the High Court Division, Dhaka in Writ Petition No. 21 of 1995). ......e 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 decision by a Single Judge who incidentally happened to be the presiding Judge of the Division Ben..Category: Others | Date: | Hits: 85
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....que Siddique Advocate-on-Record— For the Respondent No. 8. Not represented — Respondent Nos. 4-7. Criminal Appeal No. 1 of 1996. (From the Judgment and order dated 31 by the High Court Division, in Criminal Miscellaneous No. 2113 of 1994) 49 DLR (AD)(1 997......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 ..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
.... Khandaker Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Advocate-on-Record— For the Respondents. Criminal Appeal No. 12 of 1992. (From the Judgment and order dated August 23, 1990 passed by the High Court Division, Dhaka in Criminal Appeal No. 328 of 1986)......entence passed by the learned Sessions Judge was alright but the High Court Division acted wrongly in ‘acquitting the respondents of the charge leveled against their inasmuch as there was no decision on the merit of the case. That part of the order is therefore liable to be set aside and t..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....nt. Abdur Rob Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 40 of 1995. (From the judgment and order dated 10-6-93 passed by the Administrative Appellate Tribunal in Appeal No. 30 of 1992). Ju......ed an application on 20-11-83. The Secretariat of the CMLA rejected the petition on the ground of the conviction of the respondent by a court of law and the same could not be considered as a final decision of his service appeal made on 8- 12-78. 9. It is not disputed before us that..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....cle 102 “Any person aggrieved”—interpreting the words “any person aggrieved” meaning only and exclusively individuals and excluding the consideration of people as a collective and consolidated personality will be a stand taken against the Constitution. Insofar as it concerns public w......appeal shall be allowed and the writ petition be remitted to the High Court Division for hearing on merit. For writing out the judgment, I requested brother Mustafa Kamal, J who was the author of the decision in the Bangladesh Sangbad Patra Parishad case 43 DLR (AD) 126 which, we felt, was wrongly a..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....intiff to file in court an application for substitution and a corresponding 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 ......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. ..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....Advocate-on-Record -For the Petitioner. Not Represented — For the Respondents. Civil Petition For Leave to Appeal No. 396 of 1996. (From the Judgment and order dated 25-6-1996 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 82 of 1994). ......e paper book shows that it has been expressly mentioned therein that concerned authority mentioning thereby the President of Bangladesh, who was the appointing authority of the petitioner took the decision on petitioner’ dismissal from service, Thus we find little substantive in the submis..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....uddin Chaklader, Advocate-on-Record - the Petitioner. Not represented—the Respondents. Civil Petition for leave to Appeal No. 571 of 1997. (From the Judgment and order dated 17-2-97 passed by the High Court Division in Civil Order No. 1924 of 1997). Jud......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
.... Abdul Gafur, Advocate-on-Record— For the Respondent No. 2. Not represented—Respondent Nos. 2-3. Civil Appeal No. 92 of 1994. (From the judgment and order dated 16 June, 1994 passed by the High Court Division in First Misc. Appeal No. 416 of 1990). ......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. ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....r the Appellant. Appeared in person - Respondent No. 1. Not Represented -For the Respondent Nos. 2-6. Civil Appeal No. 47 of 1993. (From the Judgment and order dated 13-8-93 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 65 of 1991).&nbs......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. ..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....e suit lands. The petitioner took appeals, FMA Nos.32 and 33 of 1997 therefrom. A Division Bench of the High Court Division which heard the matters dismissed the appeals by the judgments and orders dated 11 January 1998. Being aggrieved the petitioner has presented Civil Petition for leave to ap......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. ..Category: Property Law | Date: | Hits: 87
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