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Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......nt in any Department or for a Railway, whether by private purchase or compulsory acquisition and which are no longer required for the purposes originally intended, shall be relinquished under the orders of Government in the Administrative Department concerned which will issue instructions to t......nt Judgment November 25, 1996. The Railways Act, 1890 (IX of 1890), Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract with resp......11 he may take possession of the land which shall there upon vest absolutely in the Government free from all encumbrances. The suit land having thus vested in the Government it was the Government alone which could deal with the same if it was no longer required for the purpose originally intended..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......hort question whether the amendment of the plaint was rightly allowed by the trial Court in the facts and circumstances of the present case and whether the High Court Division was justified in uphold order of amendment in revision. 2. Material facts necessary for disposal of this appeal are tha......uf J Bimalendu Bikash Roy Chowdhury J Sunil Chandra Mondal and others……………………………………….. Appellants Vs. Narayan Chandra Shil & others ………….. Plaintiff-Respondents Judgment November 5, 1996. Result: The appeal is allowed. The ...... Material facts necessary for disposal of this appeal are that respondent No. 1 as plaintiff filed the aforesaid suit for a declaration of title and partition in respect of 0.80 acres of land as mentioned in the schedule to the plaint. The appellants as defendant Nos. 45-47 also prayed for a separat..Category: Procedural Law | Date: | Hits: 149
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......tle Suit No. 147 of 1996 now pending before the 1st Court of Assistant Judge, Dhaka to the High Court Division was summarily rejected by a Division Bench of the High Court Division by judgment and order dated 2-4-98, from which the plaintiff-petitioner has preferred this petition for leave to ap......d, who is a party to the case. The High Court Division rightly did not encourage a transfer on a mere apprehension……(5) Lawyers Involved: MA Wahhab Miah, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Not represented-......ndu Bikash Roy Choudhury J Shahida Khatun………………………………………………Petitioner Vs. Abdul Malek Howlader and others……………&h..Category: Property Law | Date: | Hits: 71
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ......dinance seeking eviction of the plaintiffs from the suit land which led the plaintiff to file Title Suit No. 142 of 1989 in the 1st Court of Subordinate Judge, Barisal for a declaration that the said order was void, illegal and without lawful authority with the averments, inter alia, that the suit l......¦â€¦â€¦.. Petitioner Vs. Abdus Sobhan Talukder and others ………………………..Respondent Judgment October 29, 1996. Result: The petition is dismissed. The Waqfs Ordinance, 1962 (I of 1962), Section 64 Remedy of an appeal to the District Judge under section 64(......TM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahidullah (Md)…………………………………………………….. Petitioner Vs. Abdus Sobhan Talukder and others ………………………..Respondent Judgme..Category: Property Law | Date: | Hits: 91
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
.... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ......p; Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioner is from the judgment and order of a learned Single Bench of the High Court Division dated 20-5-96 rejecting summarily the p.............. Respondent Judgment December 12, 1996. The Guardians and Wards Act, 1890 (VIII of 1890), Section 12(1) A father cannot be denied access to his minor son while in the custody of the mother. The Petitioner has been permitted to apply to the Fami......tafa Kamal J Latifur Rahman J Md. Abdur Rouf J Akhtar Masood ………………………………….Petitioner Vs. Mrs. Bilkis Jahan Ferdous................ Respondent Judgm..Category: Family Law | Date: | Hits: 156
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ition and Tenancy Act, 1950 (XXVIII of 1951), Sections 43(2) & 44(3) Publication of a notification in the official gazette declaring that a compensation assessment-roll has been finally published for a village or group of villages or local area stating the date of such final publicati......tion for Leave to Appeal No. 382 of 1996. Judgment 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 Ru......pondents Judgment August 27, 1996. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Sections 43(2) & 44(3) Publication of a notification in the official gazette declaring that a compensation assessment-roll has been finally published fo......)……………………………………………………………… Petitioner Vs. Government of Bangladesh and others…………&hell..Category: Property Law | Date: | Hits: 90
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
....cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ...... of the written objection, The plaintiffs moved the High Court 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, o......ocedure 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-Record-For the Petitioners. Shamsul Haque Siddiqu...... Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Ranu Begum and another.................................. Petitioners Vs. Kazi Liakat Ali and others…............................... Respo..Category: Procedural Law | Date: | Hits: 109
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ......h, 1972, Article 102 The writ petitioner has been able to make out a case that its own private interest is so overwhelming that public interest should be subordinated thereto by issuing an interim order in its favour. The operation relating to discharge of bulk wheat from free outturn vessels ber......: 50 DLR (AD) (1998) 140. ...... Supreme Court Appellate Division (Civil) Present: Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Frank Shipping Limited ………………..Petitioner Vs. Government of the People’s Republic of Bangladesh and others……………Respon..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.......urt which is responsible for 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. Naw......lendu Bikash Roy Choudhury J
Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others …………. Petitioner
Vs.
Ittefaq Group of Publication Ltd. represented by Mainul Hosein Executive Director 1 and others ……….. Respondents
Judgment
June 30, 1998.......
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others …………. Petitioner
Vs.
Ittefaq Group of Publication Ltd. represented by Mainul Hosein Executive Director 1..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......……...Respondents Judgment August 19, 1997. The Constitution of Bangladesh, 1972, Article 102 (4) (i) Broadly speaking, to obtain an interim order, a writ petitioner must not only make out a prima facie case, but a strong prima facie case....... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant Vs. Giasuddin Chowdhury and another……………………...Responde......upreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant ..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. ......smat Ali since acquitted in appeals was charged under sections 467/109 of the Penal Code. The accused-petitioner was found guilty and sentenced to rigorous imprisonment for 7 years by judgment and order dated 30-8-1984. An appeal was taken against the order of conviction and sentence and a Divis......isposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......fur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Showkat Hossain Akanda Chowdhury…………………….Accused-Petitioner Vs. State………………… Respondent&nb..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. ......rs more each. Another accused Abdus Samad was convicted under section 323 of the Penal Code and sentenced to suffer RI for 1 month more by the learned Sessions Judge, Gaibandha by his judgment and order dated 18-7-88 in Sessions Case No.4 of 1988. On appeal, Criminal Appeal No. 651 of 1989 a Di......nce. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khandoker Saiful Islam…………………….Petitioner Vs. State……………………&hell..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. ......ths more. The sentences of substantive imprisonment were directed to run concurrently. In Criminal Appeal No. 1304 of 1992, a learned Single Judge of the High Court Division affirmed the judgment and order of the Special Judge, Chittagong with the modification by deleting the conviction and sentence......t correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......sion (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Mahbubul Alam …………….. Accused-Petitioner Vs. State ……………... Respondent Judgment January 8, 1997. The Prev..Category: Anti-Corruption Laws | Date: | Hits: 81
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ......a:Aa:A/16/290 dated 21 September, 1992, ultimately refused to mutate her name in respect the house as required by section 73 of the Cantonment Act, 1924; Sayeda Rahat Ara Quam Nahar challenged the order of the said Board in Writ Petition No.3951 of 1992 as being without any lawful authority. She......ompleted all the formalities for mutation as required under section 73 of the Cantonment Act under the circumstance the Cantonment Board is under an obligation to mutate name of the writ petitioner in the records of the Cantonment Board………………(4) ......resent: Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Cantonment Board Dhaka and another ……………...Petitioners Vs. Sayeda Rahat Ara Quamrun Nahar and another………&hell..Category: Property Law | Date: | Hits: 74
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. ......rothers Ruma, Sultan and Keru and another co-accused Abdul Kader were convicted under sections 148/302/149 of the Penal Code by the 3rd Court of Additional Sessions Judge, Dhaka by his judgment and order dated 31-7-93 in Sessions case No. 314 of 1992 and were sentenced to suffer rigorous impriso...... if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......ons 302 & 302/149 Conviction under section 302/149, of the Penal Code is of vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involvement. There having no evidence on..Category: Criminal Law | Date: | Hits: 104
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....books and discharging the Rule in part in relation to six forfeited books. 2. Eight books written by the petitioner were forfeited by the Ministry of Home Affairs by a Notification dated 8-12-93 published in the Bangladesh Gazette on 30-12-93. Two books written by another person were also simil......structed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not Represented —the Respondents. Criminal Petition for Leave to Appeal No. 27 of 1995. (From the judgment and order dated 16-8-94 passed by the High Court Division in Criminal Miscellaneous Case No. 464 of 19......rence. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......ision (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Sadaruddin Ahmed Chisty…………….Petitioner Vs. Bangladesh and others…………...Respondent Judgment March 24, 1997. ..Category: Others | Date: | Hits: 122
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......b Ali, Advocate-on-Record—For the Petitioner. Not represented— The Respondents. Civil Petition for Leave to Appeal No. 902 of 1997. (From the judgment and order dated July 9, 1997 passed by the High Court Division, Dhaka in Civil Revision No.1178 of 1998...... Vs. Md. Hasan Bali & another……………...Respondents Judgment February 24, 1998. The Local Government (Union Parishads) Ordinance, 1983 (LI of. 1983), Section 78 The provision of notice under section 78 is a pre-cond......t: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Motaleb Sheikh……………….Petitioner Vs. Md. Hasan Bali & another……………...Re..Category: Employment/Service Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......served with the remark of the postal authority ‘left’ was presumed to be good service, for the purpose of this Ordinance…………………………(12) The rent admittedly sent by money order for the month of March and April 1986 together so the defendant clearly defaulted payment for ...... Present: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Islam (Md) …… Appellant Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain and ors ……….Respondents Judgment Ma......ed unserved with the remark of the postal authority ‘left’ was presumed to be good service, for the purpose of this Ordinance…………………………(12) The rent admittedly sent by money order for the month of March and April 1986 together so the defendant clearly defaulted payment..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......he Petitions) Not represented — Respondent Nos. 3-6 (In both the Petitions). Civil Petition for Leave to Appeal Nos. 606 and 614 of 1997. (From the judgment and order dated 24 February 1997 passed by the High Court Division in Writ Petition No. 2822 of 1996). ......hellip;………………………Respondents Judgment December 11th, 1997 Lawyers Involved: Mohammadullah, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record- For the Petitioner (In CP No. 606 of 1997).&......stafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Vice Chairman, Export-Promotion Bureau………………….Petitioner Government of Bangladesh…………………&hellip..Category: Business or Commercial Law | Date: | Hits: 117
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ....... Judgment Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal is from an order dated 7 March 1996 of a Single Judge of the High Court Division summarily rejecting a revisio...... Judgment July 7, 1996. The Small Cause Courts Act, 1887 (IX of 1887) Section 25 Once it is established that the person is a tenant he cannot be permitted during the continuance of the tenancy to resist a suit for eviction on ground of purchase from a co-s...... Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Atiqullah (Md) ……………...Petitioner Vs. Sanawara Begum and others ………………..Category: Property Law | Date: | Hits: 69
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