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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 ......r arrest since 15 September 1991 might be exempted from payment of all port dues and other charges of the Chittagong Port Authority which had accrued and was to accrue till the date of her release, ordered, amongst other things, that the vessel MV Fong Yun “be allowed to leave the territori...... Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Chairman, Chittagong Port Authority & another…………….Appellants Vs. Ministry of Defence and others………………Respondents Jud......rigate BNS Osman and caused extensive damage thereto. On 14 August 1991 Ministry of Defence of the Government of Bangladesh and Commodore Commanding BN flotilla as plaintiffs brought the aforementioned suit against the vessel, her master, agents and others for recovery of US Dollar 23,918 millio..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 ......sain, Advocate-on-Record. — For the Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 190 of 1997 (From the judgment and order dated 26 January, 1997 passed by the High Court Division in Civil Revision No. 1993 0f 1996)......) 151 ......vil) Present: Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Safaruddin and others ……………..Petitioner Vs. Fazlul Huq and others ………………Respon..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 ......m Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record. Not Represented— Respondent. Criminal Petition for Leave to Appeal No. 54 of 1996. (From the Judgment and order dated 20 November 1995 passed by the High Court Division in Criminal Revision No. 246 of 1989)......for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......ion (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman 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: ..Category: Anti-Corruption Laws | Date: | Hits: 75
....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.
......ion Nos. 520, 521, 523 of 1994).
Civil Petition For Leave to Appeal Nos. 438 & 439 of 1994.
with
Civil Petition For Leave to Appeal Nos. 520 to 523 of 1994.
(From the judgment and order dated 9th May, 1994 passed by the High Court Division, Dhaka in Writ Petition Nos. 1353, 1354,.......
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......resent:
ATM Afzal CJ
Mustafa Kamal J
Md. Abdur Rouf J
Md. Ismailuddin Sarker J
Chairman, Zilla Chora Chalan Daman Samanaya Committee, Mymensingh and another……………...Petitioners
Vs.
Md. Kabirul Islam Beg and 5 others ………………….Respondents
Judgment ..
Category: Others | Date: | Hits: 128
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ...... Mustafa Kamal J This petition for leave to appeal by defendant-opposite party No. 1 is from the judgment and order dated 9-7-95 in which a Rule sought to be obtained by the plaintiff- petitioner-respondent wa......(1997) 130 ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Karnafuli Cotton Mills Ltd................... Petitioner Vs. United Commercial Bank Ltd. and others............... Respondents ..Category: Procedural Law | Date: | Hits: 98
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 ......n-Record— For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 128 of 1994 (From the Judgment and order dated 6-1-94 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 18 of 1993)...... 129 ......zal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Sudangshu Kumar Saha………………..Petitioner &nbs..Category: Administrative Law | Date: | Hits: 120
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......cates-on-Record - For the Appellants. Zakir Hossain, instructed by Md. Nawab Ali Advocates-on-Record-For the Respondent. Civil Appeal No. 87 of 1993 (From the judgment and order dated 19 May 1993 passed by the High Court Division, Dhaka in FA No. 835 of 1991). Ju......lip;……. Respondent Judgment January 8, 1997. Lawyers Involved: Maksudur Rahman, Senior Advocate (Mahbubey Alam with him) instructed by Aftab Hossain Advocates-on-Record - For the Appellants. Zakir Hossain, instr......35 of 1991). Judgment Bimalendu Bikash Roy Choudhury J.- This appeal originates from Money Suit No. 9 of 1985 of the First Court of Subordinate Judge, Dhaka. The respondent Hosne Ara B..Category: Property Law | Date: | Hits: 72
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....XXXII of 1975 passed The Services (Grades, Pay and Allowances) Order, 1977 on 20-12-77, giving the said order both commencing day and a retrospective effect from the 1st July, 1977. This order was published in the Bangladesh Gazette, Extraordinary on 20-12-77. Section 3 of the said Order, 1977 ......Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Shamsul Haque Siddique Advocate-on-Record—For the Respondents Civil Appeal No 21 of 1993. (From the Judgment and order dated 24-6-90 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appeal......l 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-Record —for the Appellant Abdul Wadud Bhui......passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appeal No. 16 of 1989). Judgment: Mustafa Kamal J: This appeal by leave by petitioner-appellant is from the judgment and order of the Administrative Appellate Tribunal date 24-6-90..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....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. ......etitioner. Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-—For the Respondent. Criminal Petition for Leave to Appeal No. 36 of 1997. (From the judgment and order dated 23rd March, 1997 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 552......s Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......ent here. Supreme Court Appellate Division (Criminal) Present: ATM Afzal Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J State…………. Petitioner Vs. Jobaida Rashid…………….. Accused Respondent Judgment April 1, 199..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 ......rt, instructed by Shamsul Haque Siddique, Advocate-on-Record. Not Represented — Respondent. Criminal Petition For Leave to Appeal No. 145 of 1996. (From the judgment and order dated March 7, 1996 passed by the High Court Division, Dhaka in Criminal Revision No. 2399 of......e-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Alimuddin and others………………. Petitioners Vs. State ………………...Respondent J..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 ......Miah Abdul Gafur, Advocate-on-Record — For Petitioners. Md. Nowab Ali, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 176 of 1992. (From the judgment and order dated 18-2-92 passed by the High Court in Civil revision No. 1136 of 1990). Judgment Md...... 49 DLR (AD) (1997) 116 ......e Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Jalaluddin alias Faruque and ors…………. Defendants- Petitioners Vs. Ehsanuddin and others.... Plaintiffs-Respondent Judgment May 13, 1996. Resu..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 ......Aftab Hossain, Advocate on Record — For the Petitioners. Not Represented — Respondent. Criminal Petition for Leave to Appeal No. 135 of 1996. (From the judgment and order dated 28-5-96 passed by the High Court Division in Criminal Revision No. 382 of 1992). ......r any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ...... CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J AKM Azizul Islam and another………………Accused-Petitioners Vs. State…………….. Respondent Judgment ..Category: Criminal Law | Date: | Hits: 87
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... an accused person has absconded or is concealing himself so that he cannot be arrested and produced before it for trial and there is no immediate, prospect of arresting him, it shall, by order published in at least two Bengali daily newspapers having wide circulation, direct such person to ......h Court Division in Writ Petition No.720 of 1994). Judgment: Mustafa Kamal J: This appeal by leave by the convicted-appellant is from the judgment and order of a Division Bench of the High Court Division dated 10-5-94 in Writ Petition No. 720 of 199......y the Deputy Commissioner, Noakhali, and another…………….. Respondents Judgment April 9th, 1997 Lawyers Involved: MA Wahhab Miah, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Appellant. Mvi. Md.......llip;………………………………….. Appellant vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another…………….. Respondents Judgment ..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. ......-Record- For the Appellant. Syed Abdur Rahman, Advocate instructed by Shamsul Haque Siddique, Advocate-on- Record — For the Respondents. Civil Appeal No. 15 of 1996 (From the Judgment and order dated 31-7-94 passed by the Administrative Appellate Tribunal in Appeal No. 59 of 1993) Jud......6. Result: The appeal is allowed. Cases Referred to- Bangladesh 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: Shaf......15 of 1996 (From the Judgment and order dated 31-7-94 passed by the Administrative Appellate Tribunal in Appeal No. 59 of 1993) Judgment Mustafa Kamal J. - This appeal by leave by the petitioner-appellant is from the Judgment and order dated 31-7-94 passed by the Administrative Appellate T..Category: Administrative Law | Date: | Hits: 131
Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)
....mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......cate, instructed by ANM Manzurul Hassan, Advocates-on-Record for the Petitioner. Not represented—Respondent. Civil Review Petition No. 19 of 1994. (From the Judgment and order dated August 25, 1994 passed by the Appellate Division in Civil Petition for Leave to Appeal ......eported in: 49 DLR (AD) (1997) 108 ......ip;…….Respondent Judgment April 8th, 1996 Lawyers Involved: Nurul Huq, Senior Advocate, instructed by ANM Manzurul Hassan, Advocates-on-Record for the Petitioner. Not represented—Respondent. Civil Review Petition No. 19 of 1994. ..Category: Administrative Law | Date: | Hits: 112
Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
.... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ......ue Siddique, Advocate-on-Record— For the Petitioner. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 255 of 1995. (From the judgment and order dated 9-7-95 passed by 2. The petitioner filed Criminal Revision No. the High Court Division ......ght reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ......(Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Ashraf Ali @ Asraf Ali ...................Petitioner Vs. State………………………..Category: Criminal Law | Date: | Hits: 99
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......e Petitioner. Aftab Hossain Advocate-on-Record-For the Respondent No. 2 Not represented-Respondent No. 1. Criminal Petition for Leave to Appeal No. 166 of 1996. (From the Judgment and order dated 13-8-96 passed by the High Court Division in Criminal Misc. No. 3888 of 1996). Judgm......acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Noor Jahan Begum and another…………………………..Petitioners Vs. State, being represented by the Deputy Commissioner and another ……..Respondent..Category: Criminal Law | Date: | Hits: 149
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 ......the High Court Division in Writ Petition No. 478 of 1995). Judgment: Mustafa Kamal J: This appeal by leave by the writ petitioner is from the judgment and order dated 4-4-95 passed by a Division Bench of the High Court Division in Writ Petition No. 478 ......997) 102 ...... dated 4-4-95 passed by the High Court Division in Writ Petition No. 478 of 1995). Judgment: Mustafa Kamal J: This appeal by leave by the writ petitioner is from the judgment and order dated 4-4-95 passed by a Division Bench of the High Court Divis..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 ......he High Court Division in Civil Revision Case No. 348 of 1990). Judgment: Md. Abdur Rouf J: This appeal by leave by the plaintiffs is from the judgment and order dated May, 11, 1993 passed by the High Court Division in Civil Revision No. 384 of 1990 disch......r Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Surat Sarder and others……………………. Appellants Vs. Afzal Hossain and others…………………Respondents Judgment ......foresaid suit with a prayer for injunction. 3. Defendant-respondent No. 1-8 contested the suit by filing written statement denying the case of the plaintiffs. Their case, inter alia, is that one Nilkanta and Rajmoni auction purchased the suit land in execution of a rent decree passed in R..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... 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 ......ker, Advocate-on-Record— For the Appellant. Gour Gopal Saha, Advocate, instructed by Shar Chaklader, Advocate-on-Record — For the Respondent. Appeal No. 93 of 1993 (From the judgment and order dated 4 November 1992 passed by the High Court Division in Criminal Miscellaneous Case No. 402......(1997) 96 ......on of the consideration. In fact, he made no payment of the consideration. Therefore the kabala remained with the plaintiffs. After the conclusion of the requisition case the plaintiffs demanded the money from the defendant but he did not pay the same and, on the other hand, wrongfully occupied the ..Category: Tenancy Law | Date: | Hits: 88
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