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

....6-1974.  4. The appellant filed writ petition No. 1074 of 1974 impugning the said order of redemption and a Rule Nisi was issued thereon. During the pendency of the said writ petition Martial Law was promulgated twice and by order dated 29 August 1990 “the- Rule stood discharg......ip;..Purchaser-Appellant  Vs. Assistant Commissioner (Land) and Others……………… Respondents Judgment July 3, 1995. Lawyers Involved: Rafiqul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Rec..

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 ......p;   vs. Administrator of Pabna Chamber of Commerce and Industry and another…………... Defendant  Judgment January 16th, 1996. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Rokonuddin Mahmood, Senior Advocat..

Category: Procedural Law | Date: | Hits: 122

Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)

....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......Petitioner vs Bangladesh and others…….………………..Respondent  Judgment 15th, November 1995   Lawyers Involved: Md. Awlad Ali Senior Advocate, instructed Md. Sajjadul Huq, Advocate-on Re..

Category: Administrative Law | Date: | Hits: 149

Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)

....cost and the impugned judgment and order; are set aside.        Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ...... College vs. Lakshmi Narain AIR 1976 (SC) 888; Panchkaxi Halder vs. Puma Chandra Halder 1984(2) CU 89; AISSE Assocn, vs. Defence Minister -cum - Chairman, BOG, SS Socy., AIR 1989 (SC) 88. Lawyers Involved: TH Khan, Senior Advocate, instructed by Md, Nawab Ali, Advocate-on-Reco..

Category: Others | Date: | Hits: 85

Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)

....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 ......hellip;………..Appellants Vs. Mobaswir Ali and others………………..Respondents , Judgment August 20th, 1996 Lawyers Involved: Abdul Malek, Senior Advocate (SK Advocate with him), instructed by Md. ..

Category: Criminal Law | Date: | Hits: 68

State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)

.... of this judgment we are going, dismiss this appeal but we shall be doing it with an agonising feeling that because of sheer incompetence, negligence and bungling at the trial stage in the Special Martial Law Court at Comilla and then in the Sessions Judge’s Court at Chandpur a gruesome ca......Vs. Golam Mostafa & ors………………………………….Respondents Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Ad..

Category: Criminal Law | Date: | Hits: 120

Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)

....rect to the Secretary, Ministry of Finance on 5-4-79. This appeal was barred by limitation and was also not made to the proper authority. The respondent again submitted another appeal to the Chief Martial Law Administrator through Secretary of Finance on 21-11-83. The rejection order of the then......Respondent  Judgment July 25, 1996. Case Referred: Managing Director, Rupali Bank Limited and others vs. Tafazal Hossain and others 44 DLR (AD) 260. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advo..

Category: Administrative Law | Date: | Hits: 106

Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)

....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ...... 93; Mian Fazal Din vs. The Lahore Improvement Trust, 21 DLR (SC) 225; Benazir Bhutto vs. Federation of Pakistan, PLD 1988 (SC) 416; Shehla Zia vs WAPDA PLD 1994 (SC) 693; The South Asian Environment Law Reporter, Vol. 13, September, 1994, Colombo, Srilanka, pp. 113—145; SP Gupta and others vs. Un..

Category: Constitutional Law | Date: | Hits: 450

Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)

....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. ......ases Referred:  Akhtar Banu vs. Habibunnessa and others, 16 BLD (AD) 274 = 48 DLR (AD) 164; Indar Singh vs. Kanshi Ram AIR 1917 (PC) 156; Ghulam Abbas vs Hashim 1969 SCMR 257. Lawyers Involved: PC Guha Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For ..

Category: Property Law | Date: | Hits: 88

Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)

....he submission of the learned Advocate. No case for leave has been made out.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......t and omission of use of the name of the President is merely a technicality, such order of dismissal does not call for interference………………(8)  Lawyers Involved: Md. Mozaffar Hossain, Advocate, instructed by Md Nawab Ali, Advocate-on..

Category: Administrative Law | Date: | Hits: 133

Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)

....e plaintiff.  We find no ground for interference.  The petition is dismissed. Ed.    This Case is also Reported in: 50 DLR (AD) (1998) 210. ......dowed daughter of the plaintiff cannot be said to be a requirement of anyone else other than the plaintiffs because they are very much within the family of the plaintiff…….(11) Lawyers Involved: SR Pal, Senior Advocate, instructed Sharifuddin Chaklader, Advocate-on-R..

Category: Property Law | Date: | Hits: 71

Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)

....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. ......he materials on record was satisfied that a fraud had been committed in obtaining the ex parte decree it was the duty of the trial Court to set aside the ex parte decree…….(18) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Shamsul Haque Siddiqu..

Category: Property Law | Date: | Hits: 76

Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)

....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. ......eeding when the first one ended on a mere technicality owing to efflux of time, without any fault on the part of the punishing authority, is fully maintainable. ……….(19) Lawyers Involved: A W Bhuiyan, Additional Attorney-General (Sharifuddin Chaklader, Assista..

Category: Administrative Law | Date: | Hits: 119

Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)

....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. ......less the circumstances are of such exceptional character that refusal might entail a risk of clear abuse of process or some gross injustice………………(4) Lawyers Involved: Khondakar Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate w..

Category: Property Law | Date: | Hits: 87

Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)

....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......nd 54 of the said Act and as such the learned Judges wrongly held that section 10A offends Articles 27 and 31 of the Constitution…………………..(9) Lawyers Involved: Dr Rafiqur Rahman, Senior Advocate, (M A Baqui, Advocate with him), instru..

Category: Business or Commercial Law | Date: | Hits: 150

Shinepukur Holdings Ltd. & others Vs. Securities and Exchange Commission & another, 1998, 27 CLC (AD)

....eived because he himself could set aside the order of the CMM which was actually prayed for. All the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 189. ......fore the Court by a statutory authority can themselves overtake the law by resourceful enterprise in raising ingenious contentions in order to frustrate the prosecution on the threshold……(18) Lawyers Involved: Serajul Huq and Rafique-ul Huq, Senior Advocates, instructed by Mvi. Md. Wahid..

Category: Business or Commercial Law | Date: | Hits: 163

Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)

....urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ......specified. In cases of injunctions the court must always be very cautious in specifying the property so that on account of vagueness disputes do not erupt………………………………..(6) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sharifuddin Chaklader, Advo..

Category: Property Law | Date: | Hits: 101

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. ......ance of such Act withdrawal of money from Bank in Bangladesh attracts jurisdiction of Bangladeshi competent Court to take cognizance of the offence……………(6) Lawyers Involved: Mahbubey Alam, Advocate, instructed by Chowdhury Md Zahangir, Advocate-o..

Category: Criminal Law | Date: | Hits: 79

Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)

.... 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. ......e a  higher offence as because that can be done at the time of framing of charge or even after that if a higher section is attracted………………..(5) Lawyers Involved: ABM Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advoc..

Category: Criminal Law | Date: | Hits: 74

Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)

....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. ......ntiff-Petitioners Vs. Patani Sundari Dassaya and another……………..Defendant  Judgment April 28, 1997. Principle of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in vi..

Category: Property Law | Date: | Hits: 61