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Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......d fast rule when an application for rejection of plaint is to be filed but ends of justice demands that it must be filed at the earliest opportunity……… (6) Lawyers Involved- Abdul Quayum Advocate, instructed by Md Aftab Hossain, Advoc..Category: Property Law | Date: | Hits: 49
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
.... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ...... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ......e garb of termination and as such without lawful authority. Cases Referred to- Bangladesh Bank and others vs. Md Abdul Malek, 46 DLR (AD) 1. Lawyers Involved: Aminul Haque, instructed by Md Nawab Ali, Advocate-on-Record..Category: Employment/Service Law | Date: | Hits: 75
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......officer and under regulation 858 (a)(2) a sub-inspector of police may be awarded the same punishment by a superintendent of police………………..(12) Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General (Feroz Shah, A..Category: Administrative Law | Date: | Hits: 116
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......n an exceptional case where a person may be called by the court to give his testimony as to matters which is not seriously contentious or dispute in kind or nature………………………(27)
Lawyers Involved:
A J Mohammad Ali, Additional Attorney-General, instructed by B Hossain, Advoca..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......be considered as clear evidence of representation made therein as enquiry for establishing truth of the same is impossible………………….(19) Lawyers Involved- Mahbubey Alam, Senior Advocate, instructed by Md Nawab ..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....in the submission of the learned Advocate for the petitioner that for non-framing two separate charges for the two murders the trial of the petitioner was vitiated. However, regard being had to the principle laid down in the reported cases referred to by the learned Advocate for the petitioner, ......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ...... Zaker Hossain vs. State, 29 DLR (AD) 250; State vs. Constable Lal Mia, 44 DLR (AD) 277; State vs. Azahar Gazi and ors, 23 DLR 32; Abdul Aziz vs. Sekender Ali, 50 DLR 111. Lawyers Involved: Khandoker Mahboob Hossain, Senior Advocate, instructed b..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ut lawful authority. 3. Admittedly the Court of Settlement was not properly constituted while passing the impugned judgment and, as such, under the provision of law and the principle of the decision in the case of Fatema Begum vs. Bangladesh, 42 DLR 342 the judgment suff......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. .......(5) Cases Referred to- Fatema Begum vs. Bangladesh 42 DLR 342; Bangladesh vs. Amela Khatun and others 53 DLR (AD) 55. Lawyers Involved: Mahbubey Alam, Additional Attorney-General, instructed b..Category: Property Law | Date: | Hits: 46
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
....R Pal, learned Advocate appearing on behalf of the direct recruits of Assistant Commissioners of Taxes, submits that section 3 of the Bangladesh Civil Service Seniority Rules, 1983 which speaks of principles of seniority interse of the members of the service cadre shall be counted from the date ...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ......trative Tribunal was not maintainable in law as necessary parties who were adversely affected by the order were not brought before the court in accordance with law.........(10) Lawyers Involved- SR Pal with AR Yousuf Senior Advocates instructed by Sh..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......rcise such power……(10) Case Referred to- Government of Bangladesh and others vs. Mohammad Faruque 51 DLR (AD) 112. Lawyers Involved- Mahmudul Islam, Attorney-General instructed by Mrs. Sufia K..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......ion 106 Allowing more than one month’s notice to determine the tenancy has not contravened any of the provision of the Transfer of Property Act or the Premises Rent Control Ordinance. Lawyers Involved: Mustafa Niaz Muhammad, Advocate, instructed by Sharifuddin Chaklader Advo..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....on in the case of Tata Cellular vs. Union of India, reported in AIR 1966 (SC) 11 where in a situation like the instant one the Supreme Court of India has observed: “It cannot be denied that the principles of judicial review would apply to the exercise of contractual powers by Government bodies......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......purpose, transparency of the decision making authority is a recognized matter to find the right balance between administrative discretion and interest of the aggrieved person……………..(14) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Md. Ataur Rahman Khan, Advoc..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ......dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ......instant suit because they have independent right to call in question the legality and propriety of the decree passed in Title Suit No. 16 of 1981 wherein they were not parties. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Pet..Category: Property Law | Date: | Hits: 63
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......ife met with an unnatural death while in custody of the husband and also while in his house the husband is to explain under what circumstance the wife met with her death. Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by Md. Nawab ..Category: Criminal Law | Date: | Hits: 52
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......cedure was not a matter of course or to fill in the lacuna in any party’s pleading ……………..(18) Case Referred to- Dr. Razia Khatun Vs. Bhanu Guha and others 1986 BLD (AD) 135. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Altab, Hossain, Advocate-on..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
.... pass an order of attachment before judgment against the proceeds of the letter of credit payable to a supplier by a commercial bank for any alleged dispute between the buyer and the seller, which principle have been followed in respect of international transaction under the international bankin......be restrained by an order of attachment before judgment of that amount from being reimbursed in favour of Bask of Tokyo as guaranteed by the LC as that would go against all norms and customs of International Banking and also as promised and contracted for by the Janata Bank with the foreign ...... Cases Referred to- Kanshi Ram vs Hindustan National Bank Ltd. AIR 1928 Lahore 376; Janata Bank vs Ahanadia Garments 40 DLR 72; Unimarine SA Panama vs Bangladesh 31 DLR (AD) 112. Lawyers Involved: Dr. M Zahir Senior Advocate, instructed by Sharifuddin Chaklader, Advoca..Category: Civil Law | Date: | Hits: 115
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ...... rule 1 A review is by no means an appeal in disguise whereby an erroneous decision even if there be any is reheard and corrected but lies only for patent error….(4) Lawyers Involved: KM Shahidul Huq, Advocate-on-Record—For the Peti..Category: Property Law | Date: | Hits: 43
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....aw headed by a member of the ruling party did not forward the names of the judicial officers who were earlier named by the Election Commission but instead submitted a list of others by adopting the principle of pick and choose thereby interfering with the independent choice made by the Election ....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......sp; ………….……………. Petitioner Vs. Government Bangladesh represented by the Secretary Ministry of Law & others… ...…Respondents Judgment&nbs..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....cumstances alleged in the instant case are not enough without anything more to connect the accused with the crime. The High Court Division in considering the circumstances in the case had in mind the principles laid down in the case of Mahmood vs. State of Uttar Pradesh AIR 1976 (SC) 69 and held tha......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......e accused….(10) Cases Referred to- Mizazul Islam @ Dablu vs. State. 41 DLR (AD) 151, Shamsuddin Sarker vs. The State, 11 DLR (SC) 365, Mahmood vs. State of Uttar Pradesh, AIR 1976 (SC) 6. Lawyers Involved: Mahbubey Alam, Additional Attorney-General instructed by Mohwnmad Yeasin, Advoc..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....ommon people for mitigating their common grievance but is representing a vested quarter who are utilising this writ petitioner. In support of their claim the learned Advocate placed reliance on the principle of law enunciated in Dr. Mohiuddin Farooque’s case reported in 49 DLR (AD) 1. It ap......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......(AD) 1; Trustees of the National Deposit Society vs. Skegness Urban Council (1958) 2 All ER 601; R vs Whitmarsh (9)(1850). 15 QB 600), Bear vs. Bromley (10) (1852), 18 QB 271. Lawyers Involved: Sayed Ishtiaq Ahmed, Senior Advocate, Dr. Kamal Hossain Sen..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
....ment Pleader is good service on the Government.(8) The Limitation Act, 1908 (IX of 1908), Article 95 Article 95 of the Limitation Act in its first schedule set out the principle for nullifying a decree obtained by fraud or such other relief gained out of fraud. ...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......icle 95 Article 95 of the Limitation Act in its first schedule set out the principle for nullifying a decree obtained by fraud or such other relief gained out of fraud. Lawyers Involved: Abdul Quayuam, Deputy Attorney-General, instructed by Mv..Category: Procedural Law | Date: | Hits: 97
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