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Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
.... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ...... Judgment November 30, 2000. The Code of Civil Procedure 1908 (V of 1908), Order XXI rule 32 Since an application under order XXI rule 32 of the Code of Civil Procedure for violation of a decree of pe..Category: Property Law | Date: | Hits: 57
Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)
.... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ......passed by the trial Court and the same was put into execution on 20-1-1996 in Execution Case No. 3 of 1996. Thereafter, on 9-4-1996 memo of appeal against the preliminary decree was refiled with an application for condonation of delay of 85 days only though the delay was much more that 85 days. T..Category: Property Law | Date: | Hits: 80
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......n under section 561A of the Code of Criminal Procedure for quashing the above proceeding and obtained a Rule. The learned Advocate appearing for the second party Humayun Kabir pointed out that the application was filed only to thwart the order of the Magistrate for handing over possession of hol..Category: Criminal Law | Date: | Hits: 62
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
.... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ......C Judge and Assistant Judge, Khulna by his judgment and decree dated 28-5-1990 allowing a sum of Taka 50.00 per day as compensation till eviction of the respondent. Against that judgment revisional application under section 25 of the Small Causes Court Act was moved and Rule Nisi was issued upon ..Category: Property Law | Date: | Hits: 69
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
....gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ......of 1908), Order VII rule 11 Cause of action Only the averments made in the plaints are to be considered to come to a finding as to whether those disclose a cause of action and while deciding an application for rejection of the plaint the court must not travel beyond the averments made in the p..Category: Civil Law | Date: | Hits: 105
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......he accused-appellants committed another offence of taking nude photographs of Shiriti Kona Biswas and Ripon placing them one after another to blackmail them and that act itself is immoral. Hence by application of section 237 of the Code of Criminal Procedure, a conviction can legally be sustained..Category: Criminal Law | Date: | Hits: 72
Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
.... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ......iff-petitioners seek leave to appeal from judgment and order dated 27- 8-1996 passed by a Single Judge of the High Court Division in Civil Order No. 3504 of 1996 summarily rejecting the revisional application. 2. Plaintiff filed a suit for declaration of title of the suit la..Category: Property Law | Date: | Hits: 49
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......une 1999 passed by the High Court Division in FA No. 366 of 1995). Judgment Bimalendu Bikash Roy Choudhury J.- This petitioner by the defendant, Islamic Foundation, Bangladesh, arises out of an application for review of the judgment passed by a Division Bench of the High Court Division in FA N..Category: Property Law | Date: | Hits: 107
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ......der No. 9 of 1982 by the CMLA (Chief Martial Law Administrator) with effect from 1-10-1982. The respondent submitted representations to different authorities but with no effect. Lastly he filed an application to the CMLA as per paragraph 1A of MLO No. 9 of 1982 to review the order of retirement ..Category: Administrative Law | Date: | Hits: 117
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......n allocated “Langol” as its symbol filed Writ Petition No. 3933 of 1999 which was summarily rejected holding the same to be the election dispute. Respondent No. 5 on 4-11-1999 filed an application before the Election Commission for reviewing the order of the Returning Officer allocat..Category: Election Law | Date: | Hits: 144
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ......ecord— For the Respondents (In both the cases). Civil Review Petition Nos. 16 and 17 of 1999. Judgment AM Mahmudur Rahman J.- This application for review of the judgment dated 14-2-1999 of this Division made in Civil Appeal Nos. 4..Category: Labour and Industrial Law | Date: | Hits: 128
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
....therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......-11-97 issued in compliance of the Administrator of Waqfs order dated 5-10-97. 2. Petitioner was appointed Mutwalli by his ate father as per direction in the Waqf Deed. On the application of his step-brother Administrator of Waqf removed the petitioner from the office of the..Category: Property Law | Date: | Hits: 47
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
.... English II paper that instead of adding + mark against question‑answer Nos. 5 and 7 the Head Examiner cut out the original numbers given by the original examiner and put the increased marks afresh on top of the cut‑out original numbers. It is customary, he submits, to add the discre......pectively before he sent the markshect and his report to the Board, but inadvertently did not so mention in the report and markshect. When the respondent's answer scripts were scrutinised upon his application for scrutiny the re‑Examiner submitted a report stating that the Head Examiner ha..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....of law in assuming that the effect of the death of the mother of the appellants and the respondent on 17.9.1991 resulted in setting aside the order of rejection of the caveat without there being a fresh caveat with a proper affidavit narrating the respondents' interest in the property covered by......hose (appellants herein). Gopal Chandra Chose (Caveator respondent). Swapan Kumar Chose and Gouranga Chose and their mother, Shusila Bala Chose. On 9.10.1990 Haripada Ghose and Kanai Chose filed an application for probate under section 276 of the Succession Act claiming that Dayal Chose had execu..Category: Property Law | Date: | Hits: 67
....y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
......onsidered the entire evidence on record and after due consideration ought to have finally disposed of the case without sending the case on remand and the remand order has been passed on a total non‑application of the principle of law guiding remand in such case. Leave was also granted to consider ..
Category: Property Law | Date: | Hits: 46
Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
....e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ......by the change. The High Court Division therefore set aside the judgment and order of the Tribunal. 6. Mr. AR Yousuf, learned Counsel for the petitioner, submits that the petitioner filed an application before the Tribunal on 19.8.93 and prayed for disposal of the election petition solely ..Category: Others | Date: | Hits: 119
Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)
....any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......h Court Division. 2. Mr. Md. Fazlul Karim, learned Advocate for the petitioner, reiterated the submissions made before the High Court Division, namely, that on the basis of the petitioner's application dated 2.12.91 to the Manager, Kondapati Bazar Branch of the Krishi Bank, the said Branc..Category: Others | Date: | Hits: 101
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......ndent No.3. He filed an appeal against the said order of dismissal which was dismissed by the Inspector General of Police, respondent No. 1 by order dated 21 October 1988. The appellant then filed an application on 1.11.1988 to the Secretary, Ministry of Home Affairs, respondent No.2 but it was reje..Category: Administrative Law | Date: | Hits: 111
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......appellant on 31st July, 1986. At the instance of the appellant the ex parte decree was set aside on 26 May, 1990 with a direction for the restoration of the suit. On 7.1.91 the appellant filed an application under section 144 read with section 151 of the Code of Civil Procedure. The learned Sub..Category: Property Law | Date: | Hits: 68
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......92 setting aside the judgment and order dated 26.7.1992 passed by the Administrative Tribunal in Administrative Tribunal Case No. 29 of 1990. 2. Respondent No.1 Hasem Ahmed Bhuiyan filed an application under section 4(1) of the Administrative Tribunal Act. 1980 for a declaration that the ..Category: Administrative Law | Date: | Hits: 138
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