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Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....tra vires the Constitution……..76(3) Article 115 Necessary steps be taken forthwith for the president to make Rules under Article 115 to implement its provisions which is a constitutional mandate. Nomenclature of the judicial service shall be designated as the Judicial Service of Bangla......n such an opportunity. (3) If in respect of such a person that question arises whether it is reasonably practicable to give him an opportunity to show cause in accordance with clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce in rank ..Category: Constitutional Law | Date: | Hits: 829
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
....yers Involved: Shamsuddin Ahmed, Advocate—For the Petitioner. Not Represented—For the Respondents. Contempt Petition No. 1 of 1999 (From the Judgment and order dated 3-12-98 passed by f Court in Civil Appeal No. 130 of 1997). Judgment ......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ..Category: Criminal Law | Date: | Hits: 63
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
....-on-Record— For Respondent Nos. 1 & 2. Not Represented— Respondent Nos. 3-8. Civil Petition for Leave to Appeal No. 427 of 1995 (From the judgment and order dated 30-1-95 passed by the High Court Division in Civil Revision No. 5199 of 1991 (Dhaka) Civil Re......d can be filed without recourse to section 33 of the Act and section 32 bars a suit of the present nature. 5. The learned Advocate-on-Record could not point out any legal infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....ate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the appellant. Ex parte—the Respondents. Civil Appeal No. 10 of 1999 (From the judgment and order dated June 30, 1 passed by the High Court Division, Dhaka in Civil Rent No. 3975 of 1996) Jud......on a misconception of the relevant provisions of the Act wrongly held that the provision of Order 9 rule 9 CPC is not applicable in a proceeding under the Act and thus misdirected itself to a wrong decision setting aside the order of restoration passed by the Artha Rin Adalat. 10. Appel..Category: Business or Commercial Law | Date: | Hits: 104
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
....n-Record— For the Respondent Nos. 1-4. Not Represented — Respondent Nos. 5-7. Civil Petition for Leave to Appeal No. 1216 of 1999. (From the Judgment and order dated 8-8-99 passed by the High Court Division in Writ Petition No. 3304 of 1998). Judgment ......rd hereinafter referred to as PDB” were transferred from Sylhet to various districts, namely, Jamalpur, Sherpur and Mymensingh. Broadly, the case of the petitioners is that as per Government decision and instructions their service is not transferable and, as such, the transfer orders are w..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....y Serajur Rahman, Advocate-on-Record — For the Respondent Nos. 1-3. Not represented—Respondent No. 4. Civil Appeal No. 47 of 1998. (From the Judgment and order dated July 10, 1997 passed by the High Court Division in Writ Petition No. 5764 of 1996). Jud......ion was formed by the Bangladesh Bank in passing the impugned order although no such opinion was mentioned in the impugned order itself. 5. Learned Advocate for the appellant relied on the decision in the case of Dr. Nurul Islam V. Bangladesh reported in 1981 BLD (AD) 140 = 33 DLR (AD)..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....lant. MA Hannan, Senior Advocate, instructed by Md. Ataul Huq, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 78 of 1998. (From the Judgment and order dated 9th June, 1998 passed by the High Court Division in Will Petition No. 44 of 1998). Judg......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. ..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....han, Advocate (Kh. Saiful Haque, Advocate with him) instructed by Md. Nawab Advocate-on-Record—For the Respondent No. 1 Criminal Appeal No. 4 of 1998. (From judgment and order dated 25 March 1998 passed by the High Court Division Criminal Miscellaneous Case No. 1259 of 1998)......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....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. ......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. ..Category: Criminal Law | Date: | Hits: 61
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....ve as to whether in view of the provision of section 8(a) of the Criminal Law Amendment (Amendment) Act, 1987 the learned Special Judge having failed to complete the trial within 2 years, from the date of coming into force of the said Act XIII of 1987, the High Court Division was justified in re......ithstanding anything contained in the Code of Criminal procedure, 1898 (Act V 1898), hereinafter referred to as the said Code or in any other law for the time being in force or in any judgment, decision or order of a Court, including the Supreme Court. (a) all proceedings..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
.... Abdus Salam Khan, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal No. 1228 of 1999. (From the judgment and order dated 10-8-1999 passed by the High Court Division, Dhaka in Civil Revision No. 4687 of 1998). Ju...... 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 evidence for arriving at a correct decision on framing specific issue by the trial court and on such grounds plaint cannot be rejectedâ..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....Advocate-on-Record — For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 969 of 1998. (From the judgment and order dated 20 November, 1997 passed by the High Court Division in Civil Revision No. 1040 of 1992). ......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. ..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
....mdash; For the Petitioners. Miah Abdul Gafur, Advocate-on-Record — For the Respondent. Civil Petition for Leave to Appeal No. 445 of 1997 (From the judgment and order dated 6-3-1997 passed by the High Court Division in Civil Order No. 992 of 1997. Judgment ...... 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. ..Category: Property Law | Date: | Hits: 59
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
.... Advocate-on-Record — For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 779 of 1998. (From the judgment and order dated 3-5-1998 passed by the High Court Division in Writ Petition No. 1419 of 1990. Judgment......n the learned Advocate placed reliance on the case of Senior Manager; Dosta Textile Mills Ltd. Ranirhat, Feni and ors vs. Sudhansu Bikash Nath reported in 40 DLR (AD) 45. It has been held in this decision that mere designation is not sufficient to indicate whether a person is a ‘worker&rs..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....vocate-on-Record—For the Respondent No. 1. Not represented — Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 35 of 1998. (From the judgment and order dated 14 August, 1997 passed by the High Court Division, in Writ Petition No. 3165 of 1997). .......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ..Category: Constitutional Law | Date: | Hits: 164
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....Md. Aftab Hossain, Advocate-on-Record — For the Respondent No. 1. Not represented — Respondent No. 3. Civil Appeal No. 28 of 1999. (From the judgment and order dated 20 July 1998 passed by the High Court Division in Civil Revision No. 3453 of 1996). Jud...... sought to argue that the instant case being one for specific performance of contract, in spite of the firm order of default, the court was competent to extend that time for deposit in view of the decision in Idris Shaikh vs Jilamon Bewa and others, 50 DLR (AD) 161 . 8. Therefore, the..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
....te, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No. 1. Not represented — Respondent Nos. 2-5. Civil Appeal No. 3 of 1998. (From the Judgment dated 18-01-96 passed by this Court in Civil Petition for Leave to Appeal No.36 of 1995). Jud......of section 2(2) of the Code of Civil Procedure read with section 24(11) of the Non-Agricultural Tenancy Act, 1949, the learned Single Judge of the High Court Division erred in law in affirming the decision of the court of appeal below which was based on the reasonings that the final decree of pa..Category: Property Law | Date: | Hits: 57
....sented — Respondent No. 2.
AW Khandker, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record — For the added party.
Civil Appeal No. 80 of 1997.
(From the judgment and order dated 7 July, 1996 passed by the High Court Division in Writ Petition No. 2109 of 1995).
Judgmen......s ticket number and the date of his employment were not given in the said list.
7. The Workers Union then filed this appeal with leave against the judgment of the High Court, Division.
8. The decision of this appeal centers round the construction of section 22(5)(a) of the Ordinance which re..
Category: Labour and Industrial Law | Date: | Hits: 163
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
.... Advocate- on-Record — For the Petitioners. Not Represented — The Respondents. Civil Petition for Leave to Appeal No. 904 of 1997. (From the judgment and order dated 22-06-1997 passed by the High Court Division in Civil Revision No.1798 of 1994). Judgme...... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ..Category: Property Law | Date: | Hits: 73
Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)
.... Abdus Sobhan, Advocate, instructed by M. Hossain Advocate-on-Record-For the Respondent Nos. 1-3. Civil Petition for Leave to Appeal No. 600 of 1997 (From the Judgment and Order dated 8-5-1997 passed by the High Court Division in Second Appeal No.18 of 1975). Judgment ......rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ..Category: Property Law | Date: | Hits: 51
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