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Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......were acquitted of the charge under section 25D of said Act for want of evidence. 2. The present appellants and accused Abu Taher Miah preferred separate appeals against the aforesaid order of conviction and sentence and a Division Bench of the High Court Division hearing the three ......e is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......ration counter with the passports of the two foreigner-appellants. After sometime, acquitted accused, Abu Taher came back and told the appellant Airport Manager that the Immigration had put seal on one of the passports refusing to clear the other one. The two PWs heard the appellant Airport Mana..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......he Respondent Nos. 1-4. Asrarul Hossain, Senior Advocate, Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 5. Civil Review Petition No. 4 of 1994. (From the judgment and order dated 1 November 1993 in Civil Appeal No. 20 of 1993). Judgment ATM Afzal J.- Thi......ed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106....... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land ..Category: Property Law | Date: | Hits: 89
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ...... Amin, Advocate-on-Record —For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 411 of 1995. (From the judgment and order passed by the High Court Division in First Miscellaneous Appeal No. 379 of 1990). Judg......998) 105. ......afa Kamal J Latifur Rahman J Jalaluddin (Md) and others…………………………………….Defendant Petitioners Vs. Laily Begum and others ………………&h..Category: Property Law | Date: | Hits: 74
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ...... the High Court Division failed to notice that the final report of the surveyors were not conclusive in nature and it was a tentative assessment made on 30-5-91 with a clear observation that in order to ascertain the quantum of damages a discussion between the insurer, the insured and the su......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chalna Marine Products Ltd…………………………&hel......p;…………Respondents Reliance Insurance Ltd and others…………………………………..Petitioners Vs. Chalna Marine Products Ltd……………&helli..Category: Business or Commercial Law | Date: | Hits: 147
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ...... Bimalendu Bikash Roy Choudhury J.- By this petition, leave is sought to appeal from the order of a Division Bench of the High Court Division upholding an order of the Subordinate Judge, S......Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahabuddin (Md) & others…………. Petitioners Vs. Habibur Rah......J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahabuddin (Md) & others…………. Petitioners Vs. Habibur Rahman and others ……………...Res..Category: Property Law | Date: | Hits: 52
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......an J.- Pre-emptor-petitioner filed Miscellaneous Case No. 3 of 1989 under section 96 of the State Acquisition and Tenancy Act and the same was allowed by the trial Court. Against that judgment and order pre-emptee respondents preferred Miscellaneous Appeal No.12 of 1991 and the same was allowed ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Fatema Bibi……………………&hell......J Fatema Bibi……………………………………………………..Pre-emptor-Petitioner Vs. Sree Manik. Lal Somaddar & others…………&hel..Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......ict appellant, Abul Hossain Mollah alias Abu Mollah is from the Judgment and Order dated 21st May, 1996 passed by a Single Bench of the High Court Division in Criminal Revision No. 395 of 1994 uphold order of conviction and sentence affirmed learned Sessions Judge, Gopalganj in Criminal Appeal No.......ppellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......ine, the highest punishment provided for under section 471 being two years of imprisonment, and also considering the circumstance on record, the period of sentence reduced to the period already undergone and remitting the sentence of fine…………………….(5) Lawyers Involved: Kazi Sh..Category: Anti-Corruption Laws | Date: | Hits: 71
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ......is petition for leave to appeal by the writ petitioner-Government, which is barred by 32 days and the delay in filing which is condoned because of the explanation offered, is from the judgment and order dated 17-7-95 passed by a Division Bench of the High Court Division in Writ Petition No. 1436...... ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works………………….Petitioner ......ndu Bikash Roy Choudhury J People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works………………….Petitioner Vs. Chairman, Court of Settlement and others…………..Category: Property Law | Date: | Hits: 58
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......Respondent Judgment June 3, 1997. The Trade Marks Act, 1940, section 73 The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, Rule 1 Interlocutory orders are based on prima facie findings upon the materials produced before the Courts at the time ......rsal Pharmaceutical Ltd. and another…………………………….………..Petitioners Vs. Social Marketing Company ……………………………......endu Bikash Roy Choudhury J Universal Pharmaceutical Ltd. and another…………………………….………..Petitioners Vs. Social Marketing Company ……………&helli..Category: Intellectual Property Law | Date: | Hits: 242
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......ioner. Md Nurul Huq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record — For the Respondents. Civil petition for Leave to Appeal No. 581 of 1995. (From the judgment and order dated 20-8-95 passed by the High Court Division in Civil Revision No. 409 of 1992). Judgmen...... This Case is also Reported in: 50 DLR (AD) (1998) 90. ...... Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Solaiman (Md).…………………….Defendant-Petitioner Vs. Sufia Akhtar Alam being dead, her heirs Narjesa Rahamatullah and others..............Category: Tenancy Law | Date: | Hits: 78
Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)
....airman of No. 8 Shaitgambuj Union Parishad in 1988, but in the election held on 27-1-92 he could not come out successful against respondent No.5. The name of respondent No. 5 and Members elected were published in the Official Gazette on 22-3-92, but as the names of 8 elected members, i.e. respondent......Haque Siddique, Advocate-on-Record—For the Respondent No. 5. Respondent Nos. 1-4 and 6-14— Not represented. Civil Petition for Leave to Appeal No. 158 of 1994. (From the judgment and order dated 9-3-94 passed by the High Court Division in Writ Petition No. 3777 of 1992). Judgmen...... no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ......e Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Hedayet Ali……………….Petitioner Vs. Chief Election Commissioner and others……………….. Respondents Judgment..Category: Election Law | Date: | Hits: 110
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......rigorous imprisonment for one month more. Upon appeal Criminal Appeal No. 1058 of 1990 preferred by him a Single Bench of the High Court Division confirmed the conviction and sentence by judgment and order dated 28 January 1996. Being aggrieved the petitioner has presented this petition for leave to...... We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Huq alias Md. Nurul Hoque…………………………..Petitioner Vs. State……………………………...Respondent Judgment June 4, 1997. ..Category: Criminal Law | Date: | Hits: 95
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ...... Akram Hossain Amin, Advocate-on-Record-For the Appellant. Shamsul Haque Siddique, Advocate-on-Record— For Respondent Nos. 1 and 2. Civil Appeal No. 55 of 1997. (From judgment and order dated 18-7-94 passed by a Single Bench High Court Division in Civil Revision No. 133 of 1990 (......…….Respondents Judgment November 17, 1997. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for the pur......ulently got his name recorded in a portion of suit land. The secretary of the plaintiff’s Bank instituted against the wrong recording proceeding No. 196 of 1981 before the Additional Deputy Commissioner (Revenue), who upon hearing the parties by order dated 24-2-82 deleted the name of defendant No..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ...... then moved the High Court Division in revision against the appellate decree and obtained Rule in Civil Revision No. 143 of 1994. A learned Single Judge of the High Court Division by his judgment and order dated 31-3-97 has discharged the Rule and upheld the decree of the lower appellate Court. ......ported in: 50 DLR (AD) (1998) 84. ......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Enjaheruddin Mia alias Md Enjaheruddin Mia………………..Petitioner Vs. Mohammad Hossain and others………………….Respondent Judgment July 31, 1..Category: Property Law | Date: | Hits: 93
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......ule 10 (2) Appointment of a new Nikah registrar on curtailment of one union from the jurisdiction of the petitioner does not amount to revocation of his licence for that union but is manifestly an order of curtailment of the Nikah Registration area for the benefit of the local people and passing ......an J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others............................Respondents ......al J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others...Category: Employment/Service Law | Date: | Hits: 137
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......ftab Hossain, Advocate-on-Record— For the Petitioner. Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 121 of 1998. (From the Judgment and order dated 19 November 1997 passed by the High Court Division in Civil Order No. 4167 of 1997). ......t. 50, 51(2) & 58 (a) Article 50 provides who are to be impleaded but does not prohibit any other person to be impleaded, considered necessary by the petitioner, for proper adjudication. So joining of Returning Officer and the Asst. Returning Officer in the election petition, though not cont......rt Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Advocate Md. Abdul Hamid……………….Petitioner Vs. Md. Fazlur Rahman……………………..Respondent Judgment February 15,..Category: Election Law | Date: | Hits: 168
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
.... a Division Bench of the High Court Division in Writ Petition No. 5101 of 1996 discharging the Rule Nisi and thereby affirming the impugned notification No. Spe: Aa: B I:(Ain)-32/96/205 dated 4-11-96 published in the Bangladesh Gazette on 21-11-96, appointing and recognising respondent No.1 Kyaw Sam......rder dated 12-1-97 passed by the High Court Division in Writ Petition No. 5101 of 1996). Judgment Mustafa Kamal J. - This appeal by leave by the writ petitioner is from the judgment and order dated 12-1-97 passed by a Division Bench of the High Court Division in Writ Petition No. 5101 ......bsp; Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Aung Shwe Prue Chowdhury....................Appellant Vs. Kyaw Sain Prue Chowdhury and others.................Respondents Judgment December 11, 1997. ......p; (From the Judgment and Order dated 12-1-97 passed by the High Court Division in Writ Petition No. 5101 of 1996). Judgment Mustafa Kamal J. - This appeal by leave by the writ petitioner is from the judgment and order dated 12-1-97 passed by a Division Bench of the High Court Divis..Category: Civil Law | Date: | Hits: 203
Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)
....inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......-4-97) defendant No.4 filled application on 11-3-1997 for leave to deliver interrogatories under Order XI rule 1 read with section 151 of the Code of Civil Procedure. The learned Subordinate Judge by order dated 22-4-97 rejected the prayer of the defendant upon the view that the plaintiff was prepar...... October 20, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Or. XI r.1 Interrogatories may be delivered only with the leave of the Court and it is in the discretion of the Court to grant or not to grant leave…………………..(2) Lawyers I......TM Afzal J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moon Garments Industries and others …………………………..............Petitioners Vs. Janata Bank, Foreign Exchange Corporate Branch and others …….Respondents ..Category: Civil Law | Date: | Hits: 137
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ...... Shahab uddin Ahmad, Advocate-on-Record — For the Respondent Nos.1-5. Not Represented— Respondent Nos. 6-39. Civil Petition for Leave to Appeal No. 577 of 1995. (From the judgment and order dated 3 April, 1995 passed by the High Court Division in Civil Revision No. 889 of 1987). J......t: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXIII r. 1(1) Order 23, rule 1(1) of the Code of Civil Procedure clearly gives an unqualified right to a plaintiff to withdraw from suit at any time. When the plaintiff withdraws from his suit without seeking...... (Civil) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdur Rahman and others........................... Petitioners Vs. Kheru Malitha and others……………………Respondents Judgment March ..Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......al No. 688 of 1996. Judgment Md. Abdur Rouf J.- This petition for leave to appeal by Bangladesh, defendant-petitioner represented by the Deputy Commissioner Barisal, is from the judgment and order 19-8-1996 passed by a learned Single Judge High Court Division in Civil Order No. 265 of 1996 ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh………………..Defendant-Petitioner Vs. Paresh Chandra Gharami and others……Plaintiff- respondents Judgment May 15, 1997. Result: The petition is dismissed. Ves......Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh………………..Defendant-Petitioner Vs. Paresh Chandra Gharami and others……Plaintiff- respondents Judgment May..Category: Property Law | Date: | Hits: 73
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