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Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
....duzzaman with him, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioners. Dr. Kamal Hossain, Senior Advocate (Khademul Islam Chowdhury with him) instructed by Md. Nowab Ali, Advocate-on-Record — For the Respondent No. 1 Not represented—Re......ith him, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioners. Dr. Kamal Hossain, Senior Advocate (Khademul Islam Chowdhury with him) instructed by Md. Nowab Ali, Advocate-on-Record — For the Respondent No. 1 Not represented—Respondent N...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ......llate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Abul Bashar and another……………………………&..Category: Criminal Law | Date: | Hits: 68
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....iod of limitation prescribed therefor by the First Schedule shall be dismissed subject to the provisions of section 4 to 25……..(8) Cases referred to- Md. Abdus Sukkur vs. Chairman, National Board Revenue and others, 17 BLD (AD) 43; Bangladesh Bank v......, Government of Bangladesh vs. Md. Abdul Karim, 47 DLR(AD) 146; Jahangir Kabir vs. Bangladesh, 48 DLR(AD)156. Lawyers Involved: Abdur Rab Choudhury, Senior Adv Mohammad Ali Senior Advocate with him)instructed by Md. Nawab Ali Advocate –on- Record- for the Petiti......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......tribunal that section 14 of the Limitation Act was not applicable to the proceedings before it is held to be correct. Under section 3 of the Limitation Act, every suit instituted, appeal preferred and application made after the period of limitation prescribed therefor by the First Schedule shall..Category: Administrative Law | Date: | Hits: 121
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ...... Supreme Court Appellate Division (Civil) Present: Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Jamir Ali (Md) and others ……………………..Petitioners ...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......upreme Court Appellate Division (Civil) Present: Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Jamir Ali (Md) and others ……………………..Petitioners Vs. ..Category: Property Law | Date: | Hits: 94
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....vs. Province of East Pakistan & ors PLD 1961 (SC) 393 = 13 DLR (SC) 153. Lawyers Involved: Rafique-ul Huq, Senior Advocate (Khalil Rahman, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record —For the Petitioner Abdur Rezzaque Khan, Advocate......Huq, Senior Advocate (Khalil Rahman, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record —For the Petitioner Abdur Rezzaque Khan, Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Respondent No. 3. Not represented—For Responde......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ...... A M Mahmudur Rahman J Mahmudul Amin Choudhury J Zenith Packages Limited ……………….Petitioner Vs. Member Labour Appellate Tribunal Dhaka and others ………….Respondent Judgment May 28, 2000. The..Category: Labour and Industrial Law | Date: | Hits: 127
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....f two months notwithstanding the subsequent rescheduling of the loan and repayment of ten percent of the outstanding loan. Lawyers Involved: A Rokonuddin Mahmood Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record— For the Petitioners. Tawfique Nawaz, Advocate (Amirul Islam......hs notwithstanding the subsequent rescheduling of the loan and repayment of ten percent of the outstanding loan. Lawyers Involved: A Rokonuddin Mahmood Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record— For the Petitioners. Tawfique Nawaz, Advocate (Amirul Islam, Senior A......been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ......137. ..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....eputy Attorney-General, with him), instructed by SB Barua, Advocate-on-Record — For the Appellants. Dr. Kamal Hossain, Senior Advocate (AFM Hasan Arif Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record — For the Respondent. Civil Appeal No. 114 of 1999.......rney-General, with him), instructed by SB Barua, Advocate-on-Record — For the Appellants. Dr. Kamal Hossain, Senior Advocate (AFM Hasan Arif Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record — For the Respondent. Civil Appeal No. 114 of 1999. (......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Bangladesh and others................ Appellants Vs. Mizanur Rahman…………&helli..Category: Fiscal/Taxation Law | Date: | Hits: 94
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ...... victim…………………(12) Cases Referred to- Amir Hossain vs. State, 37 DLR (AD) 139; Hafez Abul Khair vs .State, 29 DLR (AD) 1; Afsar Ali Moral vs. State, 29 DLR (AD) 269. Lawyers Involved: M Shamsul Alam, Advocate, i......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ...... Judgment April 2, 2000. The Evidence Act, 1872 (1 of 1872), Section 5 The Penal Code, 1860 (XLV of 1860), Sections 302/109 Calling and taking away of the victim by the appellant Billal and co-convict Saiful from his residence half..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
.... Kazi Ebadul Hoque J Syed Jahangir Hossain ……………………………………….Appellant Vs. Md. Moyenuddin and others………………………&h......ubsequent approval of the same by the Governing Body cannot make it lawful or valid……(11) Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Md. Moyenuddin Advocate—For Respond......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......adul Hoque J Syed Jahangir Hossain ……………………………………….Appellant Vs. Md. Moyenuddin and others……………………………&h..Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......ifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Asmat Ali………………………. Appellant Vs. Abd......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ...... Mahmudul Amin Choudhury J Asmat Ali………………………. Appellant Vs. Abdur Rafique Mridha and others………………….Respondents Judgment Febr..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....the appeal……………………(22) Lawyers Involved: Rafique-ul Huq, Senior Advocate (KZ Alam, Advocate with him) instructed by Mvi Md. Wahidullah, Advocate-on-Record — For the Appellants. Khandker Mahbubuddin Ahme......Advocate (KZ Alam, Advocate with him) instructed by Mvi Md. Wahidullah, Advocate-on-Record — For the Appellants. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate- on-Record — For Respondent No.1 Not represented — Respondent ......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......on (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Kazi Ebadul Hoque J ASF Rahman and another…………………. Appellants Vs. ..Category: Business or Commercial Law | Date: | Hits: 107
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....se…………(6) Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Petitioner Md. Nawab Ali, Advocate-on-Record Respondent Nos. I & 2. Not represented — Respo......hellip;……(6) Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Petitioner Md. Nawab Ali, Advocate-on-Record Respondent Nos. I & 2. Not represented — Respondent Nos. ......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ...... Bikash Roy Choudhury J A M Mahmudur Rahman J Bisheswar Bhattacharjee…………………Petitioner Vs. Shantimoy Bhattacharjee and others………………… Respondents Judgment ..Category: Procedural Law | Date: | Hits: 97
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
.... overt act of the possessor indicative of disregard to the permissive possession as such upto the successor of the original permissive possessor is exhausted. Lawyers Involved: Md. Fazlul Karim, Senior Advocate (With AA Chowdhury, Advocate) instructed by Md. Nawab Ali, Advoca...... upto the successor of the original permissive possessor is exhausted. Lawyers Involved: Md. Fazlul Karim, Senior Advocate (With AA Chowdhury, Advocate) instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Not represented — The Respondent......ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdus Samad (Md) and others………………. Petitioners Vs. Deputy ..Category: Property Law | Date: | Hits: 59
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
.... confessional statement and non examination of the magistrate who held the T I parade are no ground for acquittal. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Not represented — The......nal statement and non examination of the magistrate who held the T I parade are no ground for acquittal. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Not represented — The Responden......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......iminal) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdul Hashem (Md) @ Bachchu Fakir and others…………….……………..Petitio..Category: Criminal Law | Date: | Hits: 64
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....n (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. ......peditiously for seeking a summary relief and any explanation causing the delay is not acceptable. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record— For the Petitioners (In all the Petitions). Not represented......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ...... (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. ..Category: Employment/Service Law | Date: | Hits: 70
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
....…..(6 & 7). Cases Referred to- Bangladesh vs. Shafiuddin Ahmed, 50 DLR (AD) 27. Lawyers Involved: Sheikh Razzaque Ali, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on- Record — For the Petitioners. Sharifuddin Chaklader......se of transfer. ……….…..(6 & 7). Cases Referred to- Bangladesh vs. Shafiuddin Ahmed, 50 DLR (AD) 27. Lawyers Involved: Sheikh Razzaque Ali, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on- Record — For the Petiti...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ...... ..Category: Employment/Service Law | Date: | Hits: 90
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....er as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......e Division (Civil) Present: Md. Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Jamshed Ali ……………………..Appellant Vs. AKM Abdu......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Jamshed Ali ……………………..Appellant Vs. AKM Abdullah and others……………… Respondents Judgment January ..Category: Election Law | Date: | Hits: 110
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....R (AD) (2000) 54. ......a ground for remand of the case………………(10) Lawyers Involved: Abdul Malek, Senior Advocate, MA Jail Advocate with him, instructed by Md. Nawab Ali Advocate-on-Record — For the petitioners. Not represented — Respondent. ......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Khaleque Master and others…………Accused Petitioners Vs. State……&hellip..Category: Criminal Law | Date: | Hits: 61
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....llate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahbubul Haque (Md.)………………. Defendant No.1- Petitioner Vs. Md. A Kader Munshi…………….. P......t, collusive, void, having no legal existence and not binding upon the plaintiff on the averments, inter alia, that the suit property originally belonged to plaintiffs predecessors Boni Amin and Arab Ali who were the recorded tenants in the CS Khatian and major part of the suit land having been wron......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49........ Plaintiff-Respondent Judgment January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate ev..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
.... Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abul Qayum Khan and others……………Petitioners Vs. Md. Abu Yousuf Mridha and others………….Respondents Judgment &n......f 1972), Article 6 Non-joinder of party in a suit should be raised at the earliest opportunity. Lawyers Involved: Md. Wahhab Miah, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Not represented — The Responden......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abul Qayum Khan and others……………Petitioners Vs. Md. Abu Yousuf Mrid..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Momtaz Begum & others………………..Petitioners Vs. Md. Masud Khan…….………..Respondent Judgment &nb......o declaration that the kabala is illegal and fraudulent, cancellation of the deed is not necessary. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Miah Abdul Gafur, Advocate-on-Record ...... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ......bsp; June 7, 1999. The Specific Relief Act, 1877 (I of 1877), Sections 39 and 42 The Limitation Act, 1908 (IX of 1908), Article 91 The plaintiff not being a p..Category: Property Law | Date: | Hits: 59
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