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Managing Direc­tor, Janata Bank Vs. Hafijuddin Ah­med and others, 1977, 6 CLC (AD)

....sons set out in Civil Appeal No. 9 of 1975 and they need not be repeated here. With the modification set out above the app­eal is dismissed without any order as to costs. Ed. ......, inoperative and not binding on him and for a declaration that he still is in service as Grade-H Officer under the Mana­ging Director, Janata Bank, Head Office, Dacca. The appellant filed an application under Order 7, rule 11 of the Code of Civil Procedure for rejecting the plaint. The res..

Category: Employment/Service Law | Date: | Hits: 70

A.K.M. Muklesur Rahman Vs. Govt. of Bangla­desh, 1977, 6 CLC (AD)

.... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condona­tion of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ......ut lawful authority and in an unlawful manner and direc­ted the respondents to set the detenu at liberty forthwith. 5. This petition for special leave is barred by 52 days. Of course, an application for con­donation of delay in filing the special leave petition has been filed. ..

Category: Criminal Law | Date: | Hits: 69

Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)

....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......st Pakistan, being F.A. No. 158 of 1966. It came up before a Division Bench. It held that no apples lay, but on the prayer of the appellant, was pleased to convert the memorandum of appeal into an application under section 115 of the Code of Civil Procedure, being Civil Revision Case No. 670 of ..

Category: Property Law | Date: | Hits: 135

Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)

.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......rsy in applying section 237 of the Cr.P.C. on which Mr. Maquith Chowdhury appearing on behalf of the State, has relied in view of the conflicting decision; but, in our view, section 338 will have application to such a case beyond doubt.” 16. Sattar, J. sitting with Ali, J., d..

Category: Criminal Law | Date: | Hits: 61

Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)

....ife, on maintaining the conviction the convict under section 302 of the Penal Code.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 115. ......Judgment                              Md. Ruhul Amin J.- This is an application for leave to appeal from jail by the condemned prisoner whose sentence of death that wa..

Category: Criminal Law | Date: | Hits: 74

Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)

....hat view of the matter, we no merit in this petition and the same is accordingly dismissed   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 112. ......unal. established under the Administrative Tribunal Act the writ petition as filed is not n it has further been observed that in view of sub-Article (5) of Article 102 of  the Constitution the application challenging the order or decision of the Administrative Tribunal is not maintainable a..

Category: Administrative Law | Date: | Hits: 132

Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)

....e setting aside the judgment and decree passed by the learned Additional District Judge, 4th Court, Dhaka in Title Appeal No. 214 of 1990 allowing the appeal and sending the case back on remand for fresh trial.   2. The short fact leading to this petition is that, one Anwar Rah......for our interference.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ..

Category: Property Law | Date: | Hits: 74

Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)

....nction in the present case.   Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......ion in First Miscellaneous Appeal No. 221 of 1995 reversing the judgment and order dated 8-7-1995 passed by the Subordinate Judge. First Court, Comilla in Title Suit No. 4 of 1995 arising out of an application for temporary injunction.   2. The appellants as plaintiffs filed T..

Category: Civil Law | Date: | Hits: 112

Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)

....erlocutory matter.   With this observation this petition is disposed of.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 104. ...... and 31329 in Class 3 from the office of the Trade Mark Registrar, Dhaka on 28-8-1992. This mark was also registered with the Controller of Patent and Design and Copyright. Plaintiff also filed an application in the suit under Order 39 rules 1 and 2 read with section 151 of the Code of Civil Pro..

Category: Intellectual Property Law | Date: | Hits: 224

Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)

....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 100. ......(1)98 660/98 and STC No. 16 of 2000 arising out of Chandpur PS Case No. 8 dated 20-8- 1998 are seeking leave to appeal against the order dated 23-10-2000 of a Division Bench rejecting summarily the application filed under section 561A of the Code of Criminal Procedure.   2. Fact..

Category: Criminal Law | Date: | Hits: 65

Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)

.....   We accordingly dismiss the petition, the delay having been condoned.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 99. ......efore the Court of Settlement as admittedly no notice was served upon them. It was found by the High Court Division that the Court of Settlement had not been constituted when the respondents filed application before that Court. It was subsequently constituted and their petition was considered in..

Category: Property Law | Date: | Hits: 57

Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)

....on Parishad Rules, 1983. It was also alleged that appellant entered into Noapur Free Primary School Centre and that there was disturbance in that Centre and the poll was stopped. That on 27-12-1997 fresh poll was held in the aforementioned two Centres. It was alleged that on the day of repolling ......lection said to have not been held because of rigging and disturbance by the appellant in the said two centres. Those allegations of the respondent No. 1 were totally denied by the appellant in his application filed for vacating the order staying publication of the result of the election of the p..

Category: Election Law | Date: | Hits: 124

Sultana Jute Mills Ltd. Vs. Court of Subordinate Judge and Artha Rin Adalat & others, 2001, 30 CLC (AD)

....fore the trial court with liberty to adduce evidence. With that observation this petition is disposed of on condonation of delay. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 91. ......contained in letter dated 25-2-1995 and signed a copy of the same and sent it back to respondent No. 3 as per terms and conditions proposed by them for compromise. Thereafter, the petitioner filed an application on 27-10-1996 before respondent No. 1 under Order XXIII rule 3 of the Code of Civil Proc..

Category: Civil Law | Date: | Hits: 109

Shahanara Khatun and other Vs. Abu Taleb Pramanik and others, 2001, 30 CLC (AD)

....ned judgment.   Accordingly, the petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 90. ...... Division in Civil Revision No. 52 of 2000 affirming the judgment and order dated 26-9-1999 passed by the Senior Assistant Judge, Sadar Pabna in Miscellaneous Case No. 61 of 1998 arising out of an application under Order 9 rule 13 of the Code of Civil Procedure for restoration of Small Causes Co..

Category: Property Law | Date: | Hits: 51

Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)

....a situation we find no merit in this petition.   The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89.  ......to Appeal No. 1218 of 1999).   Judgment                  Mahmudul Amin Choudhury J.- This application under Article 105 of the Constitution of the People’s Republic of Bangladesh for..

Category: Constitutional Law | Date: | Hits: 141

Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)

....e register of the company.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 88. ...... High Court Division in Matter No. 34 of 1990 on 31- 1-1995.   2. The short and material fact relevant for disposal of this petition is that Mr. Nur Mohammad petitioner filed an application under section 38 of the Companies Act, 1913 for rectification of share register of resp..

Category: Business or Commercial Law | Date: | Hits: 97

Hasan Azam and others Vs. Rabeya Khatun and others, 2001, 30 CLC (AD)

....f no substance.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 87. ......ce of the opposite parties Civil Revision No. 4192 of 1997 was disposed of by the High Court Division making the Rule absolute.   2. Thereafter absentee-opposite parties filed an application under section 151 of the Code of Civil Procedure for review of the said judgment and ul..

Category: Procedural Law | Date: | Hits: 104

Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)

.... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ......p;       Mainur Reza Chowdhmy J.- This leave petition arises out of the judgment and order passed by the High Court Division in Matter No. 58 of 2000 allowing the application by respondent No. 1 under section 233 of the Companies Act, 1994 inter alia directing ..

Category: Business or Commercial Law | Date: | Hits: 95

Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)

....6. Thereafter in Title Appeal No. 50 of 1986 the learned Additional District Judge set aside the judgment and decree and sent the case back on remand to the trial Court with a direction for taking fresh evidence in order to prove “Salishnama” which was the basis of the plaintiffs&rsqu......ence.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ..

Category: Procedural Law | Date: | Hits: 82

Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)

.... appeal. Accordingly, it is dismissed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 74.   ...... commissioner, appointed on the prayer of the defendant, submitted his report on 15-2-86 showing plaintiff’s possession in 0.09 acres in the suit plot. On 15-7-86, plaintiff filed his second application for amendment of the plaint under Order VI rule 17 of the Code of Civil Procedure seeki..

Category: Property Law | Date: | Hits: 58