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Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ......ate instructed by Md. Nawab Ali, Advocate-on-Record— For Respondent No. 8. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 606 of 1996 (From the judgment and order dated 2-8-96 passed by the High Court Division in Writ Petition No. 1320 of 1996) Judgment ......he People’s Republic of Bangladesh and others………… Respondents Judgment November 20, 1996. Result: The petition is dismissed. Lawyers Involved: Zakir Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate. on-Record — For the Petitioner. Syed Badrul Alam, Ad......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Responden..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....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 ......ondent Nos 18&19 (In both the appeals). Ex parte—Respondent Nos. 1, 3-17 and 20-25 (In both the Appeals). Civil Appeal Nos. 16 & 17 of 1988 (From the judgment and order dated 21 January 1985 passed by the High Court Division, Comilla Bench, in Second Appeal. Nos...... Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Ali Ahmed and others ………………Appellants (In both the Appeals) Vs. Nazimuddin Patwary being dead, his heirs Azimuddin Patwary and others …………&hel......sponding to 1 June 1957 and on the same day the defendant executed an agreement for reconveyance in favour of the plaintiff undertaking to reconvey the said land on repayment of the consideration money by the month of Magh 1365 BS. Some time afterwards the plaintiff executed and registered anoth..Category: Property Law | Date: | Hits: 60
.... 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.
...... Court, instructed by Ranesh Chandra Maitra, Advocate- on-Record— For the Respondent No. 8.
Not represented—Respondent Nos. 1-7 & 9-11.
Civil Appeal No. 68 of 1992
(From the judgment and order dated 31-7-1990 passed by the High Court Division in Writ Petition No. 389 of 1986).
Judgme......ase is also Reported in: 49 DLR (AD) (1997) 87.
......etary, Ministry of Education, Government of the People’s Republic of Bangladesh and others………………..Respondents-Appellants
vs.
Md. Anwar Hossain and others……………….. Petitioners-Respondents
Judgment
July 8, 1996.
Result:
The appeal is dismissed.
Lawyers In..
Category: Employment/Service Law | Date: | Hits: 95
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......rifuddin Chaklader, Advocate-on-Record — For the Petitioners. Not represented—Respondents. Civil Petition for Leave to Appeal No. 249 of 1996 (From the judgment and order dated 4 April 1996 passed by the High Court Division in Civil Order No. 944 of 1996). Ju......ip;…………………………………. Respondents Judgment January 2nd, 1997 Cases Referred to- Kafiluddin and others vs. Saminuddin and others, AIR 1931 Cal. 67 = 34 CWN 698; Kali Charan Singh and anot...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Ezaher Meah & others.............................................. Petitioners Vs Shaher Banu and others………………&hell..Category: Property Law | Date: | Hits: 73
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 ......lant. Dr. Kamal Hossain, Senior Advocate, instructed by Abdul Quasem, Advocate-on-Record — For the Respondents. Civil Appeal No. 54 of 1995 (From the judgment and order dated 5 January, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 1419 of ......sion (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh House Building Finance Corporation ………………………..Ap......lications before learned District Judge, Tangail under article 27 of the Bangladesh House Building Finance Corporation Order, 1973 (President’s Order No. 7 of 1973) for the reliefs mentioned therein in respect of the amounts due from the borrower-respondents. When the said applicatio..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....s the present plaintiff. The plaintiff obtained succession certificate in respect of the properties left by her mother in Succession Certificate Case No. 629 of 1983. On 2 June, 1986 a notice was published in the daily Ittefaq by the Ministry of Works directing Md. Ismail, since deceased, to sh......ed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 1. Ex-parte — Respondent Nos. 2 & 3. Civil Appeal No. 63 of 1995. (From the judgment and order dated 8 June 1995 passed by the High Court Division, Dhaka in FA No. 79 of 1993). Judgme......ate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khairunnessa being dead, her heirs Feroz Alam and ors ……Appellants. Vs. Zobaida Nahar @ ...... and decree dated 16 March 1993 passed by the Subordinate Judge and Artha Rin Adalat No. 4, Dhaka in Title Suit No. 110 of 1992 decreeing the suit. 2. The relevant facts, briefly, are that, one Md. Ismail son of late Sk. Abdullah took lease of the land measuring 350 square yards being Plo..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......cate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented— Respondent Nos. 2-7. Civil Appeal No. 65 of 1993. (From the judgment and order dated 18 April 1993 passed by the High Court Division, Dhaka in Civil Revision No. 89 of 1987...... Vs. Lutfe Ali Chowdhury and others………………… Respondents Judgment August 21, 1996 Cases Referred to- Gopeekrist Gossain vs. Oungapershad Gossain (1854) 6 MIA 53; Nurjahan Begum vs. Mahmudur Rahman 34 DLR (AD) 61; Bil...... on payment of the entire consideration. Similarly, he purchased schedules 2-5 lands from different persons by the kabalas dated 10 September 1956, 5 November 1956 and 9 September 1957 with his own money. He took delivery of all the original kabalas from the Sub registry and kept them in his cust..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ...... Advocate-on-Record — For Respondent Nos .1 and 2. Not represented— Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 405 of 1996. (From the Judgment and order dated July 8, 1996 passed by the High Court Division in Writ Petition No. 64 of 1994) Judg....... Puspa Rani Shil and others ………………Respondents Judgment October 30, 1996. Lawyers Involved: Abdus Sobhan, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Haroon-or-Rash......al J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdus Salam Sheikh and others …………………..Petitioners Vs. Puspa Rani Shil and others ……………&helli..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ....... Aftab Hossain Advocate-on-Record--For the Appellants. Miah Abdul Gafur, Advocate-on-Record--For the Respondent No. 1. Civil Appeal No. 3 of 1994 (From the Judgment and order dated 4-2-93 passed by the High Court Division in Civil Revision No. 497 of 1990). Judgm......hellip;.. Appellant Vs. Shamsuzzoha and others............ Respondents Judgment November 5th, 1996 Lawyers Involved: Md. Aftab Hossain Advocate-on-Record--For the Appellants. Miah Abdul Gafur, Advocate-on-Record--For the Re......paisa share in the Suit property stating, inter alia, that 15 acres of land with structures thereon in plot No. 2379 of khatian No. 286 (old) khatian No. 409 (new). Mouza Kalishankarpur belonged to one Judhistir Chandra Nath who settled the same with Asia Khatun, the plaintiffs’ mother, on..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....d his willingness to pay the price offered by respondent No. 5. It has been alleged that the respondents No. 1-4 must have had negotiation with respondent No. 5 as it will be evident from a notice published in the daily Inqilab on 29-12-96 by respondent No. 6, Bangladesh Chemical Industries Corp......, Advocate on Record — For the Respondent No. 6. Not represented— Respondent Nos. 1-5. Civil Petition for Leave Appeal No. 49 of 1997. (From the judgment and order dated January 5, 1997 passed by the High Court Division, Dhaka in Writ Petitions No. 182 of 1......R (AD) (1997) 66 ......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J. Mohsin Mia …………………..Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment &..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......eneral, instructed by Mvi. Md. Wahidullah, Advocate-on-Record— For the Respondent No. 1. Not Represented — Respondent No. 2. Criminal Appeal No. 14 of 1996. (From the judgment and order dated 27-11-94 passed by the High Court Division in Criminal-Revision No. 1741 of 1994).......tence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......sentence passed by the Thana Magistrate, Tarali, in CR Case No. 95 (1)92 convicting the appellant under section 406 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for one year. 2. Relevant facts for the purpose of the disposal of the appeal briefly be narrat..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......ajjadul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented — For the Respondent Nos. 2-5. Civil Appeal No. 42 of 1990. (From the judgment and order dated 13th March, 1989 passed by the High Court Division in Appeal from Original decree ......;……………………………….Respondents Judgment July 25, 1996. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, MA Wahab Miah, Advocate with him, instructed by Sharifuddin Chaklader, A......ndant No. 1 Hemanta Kumar Arang being the owner in possession of the said land entered into a contract with him for sale of the same for a consideration of Taka 45,000 and on receipt of an earnest money of Taka 4000.00 executed a bainapatra on 15 January, 1953 stipulating that he would execute a..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... Farooq, Advocate-on-Record— For the Appellant Miah Abdul Gafur, Advocate-on-Record — For the Respondent Civil Appeal No. 97 of 1993 (From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No. ......p; Md. Abdur Rouf J BB Roy Choudhury J Resima Sultana……………….Plaintiff-Appellant Vs. Khaez Ahmed Mojumder.......Defendant Respondent Judgment ......ve is whether a family court has power under sub-section (5) of section 16 of the Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985, briefly, the Ordinance, to direct payment of any money to be paid under a decree passed by it during execution proceeding. The High Court Division ha..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ......dvocate-On- Record —For Respondent No. 1 Respondent Nos. 2-8-Not represented. Civil Petition for Leave to Appeal No, 345 of 1996 (From the Judgment and order dated 30-6-96 passed by the High Court Division, Dhaka in Writ Petition No. 2647 of 199...... Md. Abdur Rauf J BB Roy Choudhury J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …….Respondents ......fa Kamal J Latifur Rahman J Md. Abdur Rauf J BB Roy Choudhury J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh an..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......instructed AMM Monzurul Hasan, Advocate-on-Record — the Respondent No. 4. Not represented— Respondent Nos. 1-3. Civil Appeal No. 40 of 1992. (From Judgment and order dated 31st May, 1992 passed by the High Court Division Dhaka in Writ Petition No. 1950 of 199...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Pur....... Abdur Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Purchaser-Appellant Vs. Assistant Commissioner (Land) and Others……………… Respondents Judgment ..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 ......raying for temporary injunction against defendant No. 2 for restraining him from altering the membership list and from making any new member of the Organisation and the trial Court passed an order maintaining status quo in that respect until further order. On 25-6-95 the Court heard both ......46 ...... Md. Ismailuddin Sarker J. Abul Ahsan, former President of the Chamber of Commerce and Industry, Pabna ……………………..Plaintiff-Petitioner vs. Administrator of Pabna..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 ......t: Md. Abdur Rouf J: Petitioner, an ex- Economic Councilor for Bangladesh, posted at Bangladesh Embassy in Stockholm has sought leave to appeal from the judgment and order passed on August 3 1995 by the Administrative Appellate Tribunal in Misc. Appeal No, 3 of 199......in: 49 DLR (AD) (1997) 44 ......mal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Kamrul Hasan …………………………………..Petitioner vs Bangladesh and others…….…………&helli..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 ......structed by Md. Aftab Hossain, Advocate-on — For the Respondent No. 1. Not represented—Respondent Nos. 2-11. Civil Appeal No. 60 of 1995. (From the Judgment and order dated April 26, 1995 passed by the High Court Division, Dhaka in Writ Petition No. 21 of 1995...... Mofizur Rahman and others ………….Respondent Judgment March 5th, 1996 Cases Referred to- Vaish Degree College vs. Lakshmi Narain AIR 1976 (SC) 888; Panchkaxi Halder vs. Puma Chandra Halder 1984(2) CU 89; AISSE Assocn, vs. De...... authority he(the appellant) was holding the office of the Chairman of Hoglapasha Union Parishad within Police Station Morrelgonj, District Bagerhat. It is inter alia, stated that the appellant and one Probir Kumar Halder contested the election for the office of Chairman of the said Union Parish..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 ......sul Haque Siddique Advocate-on-Record— For the Respondent No. 8. Not represented — Respondent Nos. 4-7. Criminal Appeal No. 1 of 1996. (From the Judgment and order dated 31 by the High Court Division, in Criminal Miscellaneous No. 2113 of 1994) 49 DLR (AD)......e. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ...... on 7-11-86 against the accused- respondents alleging, inter alia, that on 6-11-86 at about 7-00 AM the informant with a view to purchasing ration articles for his shop came out of his house with money in his pocket. Accused respondents being armed with deadly weapons by forming an unlawful asse..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ...... Khandaker Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Advocate-on-Record— For the Respondents. Criminal Appeal No. 12 of 1992. (From the Judgment and order dated August 23, 1990 passed by the High Court Division, Dhaka in Criminal Appeal No. 328 of ......above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ...... No. IV, Comilla the case record was sent to that Court and the trial of the respondent commenced on 6-1-83. 30 PWs were examined and cross-examined between 6-1-83 and 18-7-83 and on 18-7-83 one Court witness was examined and cross-examined. Then in August 1983 the Special Martial Law Cour..Category: Criminal Law | Date: | Hits: 120
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