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Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)

.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......hellip;…. Petitioner Vs. Sessions Judge of the Court of Sessions, Dhaka & other…………… Respondents Judgment 8th July, 1997 Lawyers Involved: Khan Saifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record &..

Category: Constitutional Law | Date: | Hits: 179

State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)

....rder and grievous hurt passed by a Division Bench of the High Court Division by the impugned judgment and order dated 13 August, 1995 in Criminal Appeal No. 258 of 1992, some important questions of principle relating to disposal of a criminal appeal have been raised on behalf of the State-appell......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......llip;Appellant vs. Abdul Khaleque alias Abdul Khaleq Howlader……………………..Respondent Judgment July 14th, 1997 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md. Wahidullah, Ad..

Category: Criminal Law | Date: | Hits: 77

Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)

....s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......ellip;……….Appellants Vs. Ministry of Defence and others………………Respondents Judgment January 15th, 1997 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Wahidullah, Advocat..

Category: Admiralty Law or Maritime Law | Date: | Hits: 184

Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)

....round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......ellip;………..Petitioner Vs. Fazlul Huq and others ………………Respondents  Judgment March 25th, 1997 Lawyers Involved: SR Pal, Senior Advocate (Fariduddin, Reza, Advocates with him) instructed..

Category: Property Law | Date: | Hits: 71

Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)

....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ...... J Md. Abdur Rouf J BB Roy Choudhury J Khondaker Mahtabuddin Ahmed and others……………..Accused-Petitioners Vs. State…………….Respondent Judgment July 4th, 1996 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advoca..

Category: Anti-Corruption Laws | Date: | Hits: 75

Chairman, Zilla Chora Chalan Daman Samanaya Committee, Mymensingh and another Vs. Md. Kabirul Islam Beg and 5 others, 1997, 26 CLC (AD)

....sued at the instance of the respondents. 3. The High Court Division by the impugned judgment and order dated 9 May 1994 observed that the impugned actions of the petitioners were violative of the principle of natural justice inasmuch as the respondents were not given any opportunity to show caus......igh Court Division they cannot be heard to make any excuse now for their actions. All the petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 131. ......nother……………...Petitioners Vs. Md. Kabirul Islam Beg and 5 others ………………….Respondents Judgment August 28, 1995 Result: All the petitions are dismissed. Lawyers Involved: B Hossain, Advocate-on-Record— For the Petitioners. Md. Aftab Hossain, A..

Category: Others | Date: | Hits: 128

Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, and others …………….Respondents Judgment August 9th, 1995 Lawyers Involved: Md. Serajul Huq, instructed by Md. Aftab Hossain, Advocate-on-Record—..

Category: Administrative Law | Date: | Hits: 120

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

.... other post. 6. Fixation of seniority, pay and pension.- The seniority pay and pension of surplus public servant shall, on his absorption in a post, be determined in accordance with the principles laid down by the Government from time to time”. 16. Previous to the promulgation ......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 ...... Chairman, T&T Board vs. Mostafizur Rahman (Civil Appeal Nos. 158 and 159 of 1979) and AFM Badiur Rahman vs. Shamsuzzaman and ors. (Civil petition for Leave to Appeal No 255 of 1991). Lawyers Involved: Abdur Rab Choudhury, Advocate instructed by Md Aftab Hossain, Advocate-on-..

Category: Administrative Law | Date: | Hits: 140

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

....ing which we ourselves found above. 14. The learned Attorney-General in a bid to supplement the arguments of Mr. Huq, criticized the impugned judgment saying that it lacked proper adherence to the principles as are required to be followed in such matters and further a proper appreciation of the f......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ...... BB Roy Choudhury J State…………. Petitioner  Vs. Jobaida Rashid…………….. Accused Respondent Judgment April 1, 1997. Result: The petition is dismissed. Lawyers Involved: K S Nabi, Attorney-General (Serajul Huq, Senior Advocate with him), instructed ..

Category: Criminal Law | Date: | Hits: 115

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 ......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 ......hers………………. Petitioners Vs. State ………………...Respondent Judgment August 4th, 1996 Lawyers Involved: Zamiruddin Sircar, Senior Advocate, Supreme Court, instructed by Shamsul H..

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 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 ......intiffs-Respondent Judgment May 13, 1996. Result: The Petition is dismissed. Cases Referred to- Prodip Das and others vs. Kajal Das Sarma and ors. 44 DLR (AD) 1, 32 DLR (AD) 170. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record — For Petitioners. Md. Nowab Ali, Adv..

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 ...... 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 ......nother………………Accused-Petitioners Vs. State…………….. Respondent Judgment August 22nd, 1996 Lawyers Involved: ABM Nurul Islam, Senior Advocate, Supreme Court, instructed by Md. Aftab H..

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 ...... 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 ......vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another…………….. Respondents Judgment April 9th, 1997 Lawyers Involved: MA Wahhab Miah, Advocate instructed by Shamsul Haque Siddique, Advocate-on..

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. ......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. ...... vs. M Mustafa and others 35 DLR 404 Saleh Ahmed Joarder vs. People’s Republic of Bangladesh, 36 DLR ( 26 and Executive Engineer Public Health, Barisal Division vs. Mohammad Ali, 41 DLR (AD) 64. Lawyers Involved: Shafique Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- F..

Category: Administrative Law | Date: | Hits: 131

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 ......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 ...... Judgment November 20th, 1995  Cases Referred to- Habiba Mahmud vs. Bangladesh and others, 45 DLR (AD) 89, Shameen vs. Government of Bangladesh, 47 DLR (AD) 109. Lawyers Involved: Joynal Abedin, Advocate instructed by Mvi, Md, Wahidullah, Advocate-on-Rec..

Category: Criminal Law | Date: | Hits: 99

Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)

....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......16th, 1996 Cases Referred: Chand Kour & another vs. Partab Singh & others, 16 ILR (PC) 98(102); Tar Muhammad & Co. vs. Federation of Pakistan and others, 9 DLR 197. Lawyers Involved: Md. Hannan, Senior Advocate, instructed by Md. Nawab Au, Advocate-on-Recor..

Category: Property Law | Date: | Hits: 79

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

....ecree to the officer in whose office the instrument has been so registered; and such officer shall 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 appl...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......LR (SC) 477; Daibakilal Basak vs. Iqbal Ahmed Quaraishi and another, 17 DLR 119; Abdul Hamid vs. Dr. Sadeque Au Ahmed 21 DLR 507; Sufia Khanam Chowdhury vs. Faizun Nessa Chowdhury, 39 DLR (AD) 46. Lawyers Involved: M A Wahhab Miah, Advocate, instructed by Shantiranjan Karmaker, Advocate-on-Rec..

Category: Tenancy Law | Date: | Hits: 88

Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)

....vance of the appellants that the High Court Division committed an error of law in reassessing the evidence as to tender of the consideration on 28 Magh 1365 BS has litttle ground. The well settled principle of law that in the case of a contract for reconveyance time is the essence of contract is ......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......96. Cases Referred to- Abdul Rahim Sardar vs. Idris Ali Bepari, 11 DLR 169; Abdur Rahman vs. Haji Ranga Laskar, 15 DLR 274; Altafur Rahman vs. Tamijur Rahman 30 DLR (SC) 236. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, Mahbuby Alam, Advocate with ..

Category: Property Law | Date: | Hits: 60

Secretary, Ministry of Education, Govt. of the People’s Republic of Bangladesh & ors Vs. Md. Anwar Hossain & ors, 1996, 25 CLC (AD)

.... statement and, as such, no arguments were allowed to be made on his behalf. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 87. ...... statement and, as such, no arguments were allowed to be made on his behalf. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 87. ......rs………………..Respondents-Appellants vs. Md. Anwar Hossain and others……………….. Petitioners-Respondents Judgment July 8, 1996. Result: The appeal is dismissed. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-R..

Category: Employment/Service Law | Date: | Hits: 95

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 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 ......hellip;………..Appellant Vs. Jahan Ara Akhtar & others …………………Respondents Judgment July 22, 1996. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, Shaheed Alam, Advocate with him instructe..

Category: Business or Commercial Law | Date: | Hits: 117