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Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)
....pondent Nos. 1, 2(a), 3 & 4. Not represented Respondent Nos. 2, 2(b)-2 (e), 5-17. Civil Petition for Leave to Appeal No. 252 of 1996. (From the Judgment and order dated 7-7-96 passed by the High Court Division in Civil Revision No. 718 of 1998). Ju...... having been exercised judiciously there is nothing for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ..Category: Civil Law | Date: | Hits: 150
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....e- on-Record — For Respondent No.1 in both the cases. Ex Parte — Respondent No.2 in both the cases. Civil Appeal Nos. 93 and 94 of 1994 (From the Judgment and order dated 2-12-92 passed by the High Court Division in Writ Petition No.3 of 1989 (Comilla) Wri......61 (East Pakistan Ordinance No. XXXV of 1961) wherein special provision was incorporated for recovery of dues in respect of Bangladesh Krishi Bank including other Government agencies. As a policy, decision of the government for early recovery of the loan of Bangladesh Krishi Bank by amendment th..Category: Business or Commercial Law | Date: | Hits: 150
....In all the petitions).
KS Nabi, Attorney-General —For Respondent No. 2 (In all the petitions).
Criminal petition for Leave to Appeal Nos. 52 to 54 of 1998.
(From the judgment and order dated December 9, 1997 passed by the High Court Division, Dhaka in Criminal Reference Nos. 1-3 01199......thority from the Commission is to ensure that it is the Commission which should authorise/permit the prosecution to be launched. No officer, not even the Chairman can file a report on his own but the decision must come from the Commission. It has been found that the Commission did decide and authori..
Category: Business or Commercial Law | Date: | Hits: 163
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ..Category: Criminal Law | Date: | Hits: 79
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
....e Magistrate concerned on 21-10-96 praying to accept the charge-sheet after substituting section 326 in place of section 325 of the Penal Code. 2. The learned Magistrate by his order dated 15-4-97 treated the application as a Naraji and observed that the charge-sheet was accepted ...... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ..Category: Criminal Law | Date: | Hits: 74
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
.... Latifur Rahman J.- This petition by the plaintiff-petitioners is directed against the judgment and order dated 24-5-93 passed by a Division Bench of the High Court Division in Civil Revision No.7253 of 1......d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... ATM Afzal CJ.- This appeal, by leave, at the instance of the assessee-company arises out of an Income-tax matter and is directed against the judgment and order dated 30-11-1992 passed by a Division Bench of the High Court Division in Application No.133 of 199...... read with The Income Tax Ordinance, 1984 (XXXVI of 1984), Section 160 The price differential or the windfall profit having been credited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of in..Category: Fiscal/Taxation Law | Date: | Hits: 97
Shahidullah (Md) Vs. Md. Yunus and others , 1998, 27 CLC (AD)
....…………….Respondents Judgment November 16, 1997. The Constitution of Bangladesh, 1972, Article 103 The appeal was heard ahead of the date appearing on the notice for hearing, at detriment of the petitioner. It is a fit case in which......nd allowed by the impugned judgment and order dated 1st June, 1991 even though in the notice served upon the petitioner the date fixed for hearing of the said appeal was 25 June, 1997. The impugned decision was thus made without the petitioner being heard. In support of his allegation, the petit..Category: Procedural Law | Date: | Hits: 94
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
.... Md. Abdur Rout J.- This petition for leave by the informant-petitioner is from the judgment and order dated 2-1-96 of a Division Bench of the High Court Division passed in Criminal Miscellaneous Case N......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 88
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....used-respondent Ramizuddin and others under sections 467/109 of the Penal Code on 6-6-88 by the trial Court. The prosecution witnesses were examined with effect from 14-8-89. By judgment and order dated 30-11-89 the Additional District Magistrate, Sylhet convicted accused-respondent Ramizuddin ......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. ..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....d by any law nor justified in the facts of the case…………….(24) (iii) An order to be effective must at least be communicated to the person concerned and the date of actual communication is not material for the said purpose. There was no actual communicatio...... the withdrawal of Martial Law, was only a communication of the order of the Chief Martial Law Administrator passed during the currency of Martial Law. As such, the Appellate Tribunal endorsed the decision of the Administrative Tribunal. 4. The respondent thereafter filed the insta..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....sp; ATM Afzal CJ.- This appeal, following leave, by the Bangladesh Railway-defendant 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 1......he bonafides of Jinardi Union Unnayan Parishad was established by an inquiry. Thereafter on 9-1-81 the Chief Estate Officer in his letter to the Secretary of the Unnayan Parishad communicated the decision of the Railway Administration to transfer 12 acres of land in favour of the Unnayan Parish..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....r alia, that although the plaintiffs had transferred 4.50 acres of land in favour of defendant Nos. 46-47 and 1.05 acres of land in favour of defendant No. 45, total 5.55 acres, by registered kabalas dated 14-2-81 being misguided by defendant Nos. 21 and 24, the plaintiffs did not receive any consid......he plaintiffs could not be allowed to say that the kabalas in favour of the appellants were without any consideration or fraudulent and an issue in that behalf could not be permitted to be raised for decision. The trial Court and, it is all the more regrettable that, the learned Judge of the High Co..Category: Procedural Law | Date: | Hits: 149
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....vi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 519 of 1998. (From the Judgment and Order dated 2-4-98 passed by the High Court Division in Civil Revision No. 1219 of 1998). Judgmen......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. ..Category: Property Law | Date: | Hits: 71
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
....bsp; Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioner is from the judgment and order of a learned Single Bench of the High Court Division dated 20-5-96 rejecting summarily the petitioner’s revisional application Civil Order No. 19...... 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. ..Category: Family Law | Date: | Hits: 156
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....) Publication of a notification in the official gazette declaring that a compensation assessment-roll has been finally published for a village or group of villages or local area stating the date of such final publication complying with the provisions of section 43(2). Even if there be any......f the State Acquisition and Tenancy Act. Consequently, respondent No. 2 acted beyond his authority in directing the district administration to lease out the said fishery. Reliance was placed on the decision of Shah Md. Elias vs. Province of East Pakistan reported in 17 DLR 277 wherein the follow..Category: Property Law | Date: | Hits: 90
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
.... cause notice to the said defendants. In pursuance thereof, the defendants entered appearance and filed a written objection thereto. As no step was taken by the plaintiffs on 12 February 1997, the date fixed for hearing of the matter the application was rejected by the learned Assistant Judge af......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. ..Category: Procedural Law | Date: | Hits: 109
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....uty Attorney-General with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the respondents. Civil Petition for Leave to Appeal No. 799 of 1997. (From the Judgment and Order dated 4-8-1997 passed by the High Court Division in Writ Petition No. 4638 of 1997). Judgment ......as the lowest amongst three bidders and the Minister-in-charge of Ministry of Food approved of the petitioner’s tender on 4-2-97, but in a meeting held in the Ministry of Food on 16-3-97 a contrary decision was taken to give the work to Bangladesh Shipping Corporation which had been doing the same..Category: Others | Date: | Hits: 113
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....rd — For the Appellant. Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record respondent No. 1. Dispensed with Court Order dated 18-7-97— Respondent No. 2. KS Nabi, Attorney-General — Amicus Curia...... making of an interim order and there should not be the slightest indication of a likelihood of prejudice to the public interest.” 12. The Indian Supreme Court in coming to this decision referred to four other previous cases decided by it, namely, Siliguri Municipality vs. Ama..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....li since acquitted in appeals was charged under sections 467/109 of the Penal Code. The accused-petitioner was found guilty and sentenced to rigorous imprisonment for 7 years by judgment and order dated 30-8-1984. An appeal was taken against the order of conviction and sentence and a Division B......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ..Category: Criminal Law | Date: | Hits: 92
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