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Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
.... and order dated 24-5-93 passed by a Division Bench of the High Court Division in Civil Revision No.7253 of 1991 (Dhaka) originally filed as Civil Revision No.663 of 1988 (Rangpur) discharging the Rule with modification after affirming the judgment and decree of the District Judge, Gaibandha in ......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
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ......s. Commissioner of Income Tax (1933) 1 ITR 135, 138 (PC); Commissioner of Income Tax vs. Sitaldas Tirathdas, (1961) 41 ITR 367; PC Mullick vs. Commissioner of Income-Tax, (1938) 6 ITR 206. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Mvi Md. Wahidulla,..Category: Fiscal/Taxation Law | Date: | Hits: 97
Shahidullah (Md) Vs. Md. Yunus and others , 1998, 27 CLC (AD)
....his submission in the appeal for no fault of his own. The petition is disposed of with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 164. ......hould allow it provided the allegation is found to be correct. Nobody should suffer for any wrong done or omission made by a court …………………(3) Lawyers Involved: Mahbubey Alam, Advocate instructed Chowdhury Md. Zahangir, Advocate-on-..Category: Procedural Law | Date: | Hits: 94
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....der section 561A Cr. P. C. for quashing the proceeding and a Division Bench of the High Court Division by the impugned judgment and order quashed the proceeding of the aforesaid GR Case making the Rule absolute. 4. Mr. Abdus Salam Khan, learned Counsel appearing for the petitioner......nitial deception has been alleged in the F.I.R. The learned Judges of the High Court Division rightly quashed the proceeding……………………(5) Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Mvi Md Wahidullah, Advo..Category: Criminal Law | Date: | Hits: 88
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....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. ......tional Sessions Judge rightly exercised his jurisdiction affirmed by the High Court Division in granting opportunity to the accused concerned to cross-examine the witness by the trial court. Lawyers Involved: Abul Quasem, Advocate — For the Petitioner. Not represe..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....bsp; ATM Afzal CJ.- This appeal, by leave, at the instance of the Government, is from judgment and order dated 12 May, 1997 passed by a Writ Bench of the High Court Division making the Rule Nisi absolute in Writ Petition No. 1870 of 1991. 2. The respondent as writ-peti....... Saeed Ahmed PLD 1974 (SC) 151; Pakistan vs. AV Issacs 11 DLR (SC) 371; Jeevaratnam vs. State of Madras AIR 1966 (SC) 951 and Fauzi Foundation vs. Shamimur Rahman PLD 1983 (SC) 457. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney- General (M Farooq, Deputy Attorn..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....ff-respondents, set aside those of the learned Subordinate Judge and decreed the suit. 7. Leave was granted to consider (i) whether the High Court Division erred in not holding that Rule 135 of the Land Acquisition Manual was binding upon the appellant since violation of the same ......he Railway Administration could not make any contract with respect to the same as this will plainly offend section 23 of the Contract Act……………….(12) Lawyers Involved: Shaheed Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Reco..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....g aggrieved by the said order moved the High Court Division in revision, Civil Revision No. 7342 of 1991, and a Single Judge, by the impugned judgment and order dated 30th August, 1993 discharged the Rule issued earlier upon merely endorsing the view of the learned Assistant Judge that the proposed ......of the record from the appellate court to pass a decree in terms of the compromise petition and the High Court Division was not justified in upholding the amendment ………………(9 & 10) Lawyers Involved: SS Halder, Senior Advocate, instructed by Nawab Ali, Advocate-on-Record-For th..Category: Procedural Law | Date: | Hits: 149
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
.... learned Subordinate Judge rejected by an order dated 3-10-89. The said defendant unsuccessfully challenged the said order of the learned Subordinate Judge in Civil Revision 1359 of 1989 in which the Rule was discharged by a Division Bench of the High Court Division, judgment and order dated 11-6-96...... Ordinance is available to an aggrieved person only after his eviction by the Deputy Commissioner concerned has taken place. Section 64 does not give an aggrieved person a remedy before eviction. Lawyers Involved: Md. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Re..Category: Property Law | Date: | Hits: 91
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....; Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal is from the judgment and order dated 5 August 1990 passed by a Division Bench of the High Court Division discharging the Rule issued in Writ Petition No. 27 of 1990 filed by the petitioner. 2. The subject-matter......n & another 22 DLR (Dhaka) 191, Province of East Pakistan vs. Secretary, Muktagacha Abbasia Senior Madrassa, 16 DLR (SC) 281, Shah Md. Elias vs. Province of East Pakistan, 17 DLR 277. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advoc..Category: Property Law | Date: | Hits: 90
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
.... Division with an application under section 115 of the Code of Civil Procedure, being Civil Revision No. 1216 of 1997 against the said order. A learned Single Judge of the said Court discharged the Rule, by his order dated May 1997, on the view that the revision case was incompetent, as the plai...... of the revisional power under section 115 of the Civil Procedure Code is a discretionary one. Where alternative remedy is available, discretionary power is not to be exercised…..(3) Lawyers Involved: SK Afzalur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate-on-R..Category: Procedural Law | Date: | Hits: 109
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....petition for leave to appeal by the writ petitioner is from an interlocutory order dated 4-8-97 passed by a Division Bench of the High Court Division vacating the order of stay dated 14-7-97 when the Rule Nisi was issued, upon an application by the Government-respondents. 2. A tender was floa......rs is a matter relating to public interest and it cannot be stopped even for a moment unless the public interest is shown to be subjugated to the private interest of the writ petitioner…….(6) Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain..Category: Others | Date: | Hits: 113
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......or its management. The High Court Division having found, apparent breach of section 95 in holding the impugned meeting granted the temporary injunction. No illegality in the order…………(12)
Lawyers Involved:
Moudud Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....ds on 24-6-97 and the said provision for supplementary duties and development surcharge will be effective from 1-7-97.” 3. A Division Bench of the High Court Division issued Rule Nisi in the writ petition on 7-7-97 and passed an interim order directing the respondents of t......tta Hardware Stores and others, AIR 1986 (SC) 614 and Bank of Maharashtra vs. Race Shipping Transport Co Pvt. Ltd. and another, AIR 1995 (SC) 1368. , Gosling vs. Veley 12 QB 328 (407). Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....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. ......nt by the accused. Moreover for a conviction of forgery there must be clear evidence as to the above facts which are the ingredients of the offence……………(5) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Shamsul Haque Siddique, Advoc..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......uence of such assault the High Court Division was not wrong in holding that the accused petitioner exceeded his right of private defence………………(8-12) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Shamsul Haque Siddique, Advoc..Category: Criminal Law | Date: | Hits: 96
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......5(2) of Act II of 1947. The learned Single Judge of the High Court Division was wrong in holding that the accused could not be tried under Act II of 1947 along with other Penal Code offence....(4) Lawyers Involved: Amir Hossain, Advocate-on-Record — For the Petitioner. Not represented..Category: Anti-Corruption Laws | Date: | Hits: 81
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......sponsible for causing death of the victim, it is therefore evident that the appellant could not be convicted for causing death of the victim Hyder Ali. …………(13) Lawyers Involved: Abdul Malek instructed by Aftab Hossain, Advocate-on-Record—For th..Category: Criminal Law | Date: | Hits: 104
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....4 of 1994 ) Judgment Mustafa Kamal J.- This petition for leave to appeal by the petitioner is from the making the rule absolute in part in relation to two forfeited books and discharging the Rule in part in relation to six forfeited books. 2. Eight books written by the petitioner were ......n sub-section (1) of section 99A there is no ground to interfere with its decision. Case Referred to- The Working Muslim Mission & Literary Trust, Lahore vs. The Crown, 8 DLR (FC) 110. Lawyers Involved: Md. Abdur Rashid, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record..Category: Others | Date: | Hits: 122
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....airman took a revision to the High Court Division, Civil Revision No.1178 of 1993, against the said decree and a learned Single Judge by the impugned judgment and order dated 9 July, 1997 made the Rule absolute and set aside the concurrent decree. 4. It appears from the impugned j......mber thereof. The petitioner under the rule is not exempted from issuance of such a notice himself being an employee of the Union Parishad……………….(5) Lawyers Involved: Syed Ziaul Karim, Advocate, instructed by Md. Nawab Ali, Advocate-on-Rec..Category: Employment/Service Law | Date: | Hits: 94
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