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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. ......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. ......th the appropriate forum i.e. the Administrative Appellate Tribunal, writ petition before the High Court Division is not maintainable……………(6) Lawyers Involved: B Hossain, Advocate-on-Record—For the Petitioner ..Category: Administrative Law | Date: | Hits: 132
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....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. ......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. ......lso found that illegality has been committed in not calling for the record of the earlier Title Suit No. 21 of 1968 over which the present suit has been filed……..(4) Lawyers Involved: Abul Quasem, Advocate-on-Record—For the Petitioner. ..Category: Property Law | Date: | Hits: 74
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
.... any one of the account-holders or the survivor may operate the accounts. As a matter of fact in the modem banking system this practice is prevalent all over the world and the same is based on the principle that the deposit is made and the terms of operation is embodied in the form of contract o......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. ......rt Division were perfectly correct in holding that prima facie the bank where the money is deposited on the basis of the contract the Bank cannot be injuncted……..(7) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by AKM Shahidul ..Category: Civil Law | Date: | Hits: 112
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......losing the death due to poisoning subsequently finding the death caused due to injuries being homicidal in nature, there is no bar in filing a second FIR stating the real cause of death. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner &..Category: Criminal Law | Date: | Hits: 67
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. ......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. ......court can not be considered beyond the law whenever offence on the same transaction falls on different categories as per law triable by separate courts with separate jurisdiction. Lawyers Involved: Sk Afzalur Rahman, Advocate instructed by Nawab Ali, Advo..Category: Criminal Law | Date: | Hits: 65
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....y. By taking resort to extraordinary jurisdiction for a writ the High Court Division will be asked to enter into a territory which is beset with the disputed facts and certainly by well-settled principles it is clear a writ Court will not enter into such controversy.” And th......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ...... not be delayed to frustrate the process of the election and their such absence shall not render the election process unlawful………(22 & 23) Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Md. Aftab Hos..Category: Election Law | Date: | Hits: 124
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. ...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... take necessary action to conduct the company’s affairs in the manner prescribed in the articles of association, committed no illegality by passing the order……(9) Lawyers Involved: AFM Hasan Arif, Advocate, instructed by Sharifuddin Chakiade..Category: Business or Commercial Law | Date: | Hits: 95
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....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. ......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. ......tion of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with law and calls for no interference. Lawyers Involved: MA Jalil, Advocate, instructed by Md Nawab Au, Advocate-on-R..Category: Procedural Law | Date: | Hits: 82
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ......nbsp; Cases Referred to- Bangalore Medical Trust vs. BS Muddappa AIR 1991 (SC) 1902; Giasuddin vs. Dhaka Municipal Corporation 1997 BLD 577. Lawyers Involved: Mahmudul Islam, Senior Advocate, (KM Saifuddin, Advocate..Category: Property Law | Date: | Hits: 56
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ......issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ......fore the order of confiscating the goods in the absence of the show-cause notice under the section could not make the order of confiscation as illegal……(9) Lawyers Involved: Mahbubey Alam, Additional Attorney-General, instructed by Su..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....de the said order of the trial Court. 6. Leave was granted to consider whether the learned Judge of the High Court Division upon correct appraisal of the material facts and the principles of law applicable to amendment of plaint was justified in interfering with the order of ...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ......ame cannot be allowed to introduce a new case which was not necessary to resolve the real dispute between the parties………………(8-10) Lawyers Involved: Md. Hannan, Senior Advocate, instructed by Md. Nawab Ali, Ad..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
.... under section 46 of the Bank Companies Act, 1991 for his removal from the present post and position i.e. Chairman of the bank, on the basis of an ex parte report prepared in gross violation of the principles of natural justice and without any recommendation of the Standing Committee as required ......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ...... Cases Referred to- Dr. Nurul Islam vs. Bangladesh and others 33 DLR (AD) 201; Attorney-General vs. Times Newspapers Ltd & another (1991) 2 All England Law Reports 398. Lawyers Involved: Dr. M Zahir Senior Advo..Category: Business or Commercial Law | Date: | Hits: 131
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. ......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......could not be any proceeding under section 145 of the Code of Criminal Procedure in respect of the same property…………………(4) Lawyers Involved: Mujibur Rahman, Senior Advocate, instructed by Md. Nawab Ali..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. ...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ...... requirement is always with landlord but he is under legal obligation to prove that he needs the premises for such requirement……………(11) Lawyers Involved: SS Halder Senior Advocate, instructed by Md. Aftab Hossain, ..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. ......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. ......ding 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 plaint.............(7) Lawyers Involved: Shafique Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Recor..Category: Civil Law | Date: | Hits: 105
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
....effect from 5- 8-74 in the post of Assistant Commissioner of Taxes and from 31-10-77 in the post of Deputy Commissioner of Taxes. The National Board of Revenue by its memo dated 25-3-90 agreeing on principle to consider the case of respondent No. 1 sent it to the Public Service Commission for th......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ......……(7) Lawyers Involved: B Hossain, Deputy Attorney-General instructed by Md. Sajjadu..Category: Administrative Law | Date: | Hits: 93
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ......claration of title the revision arising from the decision of the appellate decree is required to be disposed of on merit………………(6) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Appellant...Category: Property Law | Date: | Hits: 46
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and before making such observations and giving such directions the learned Judges of the High Court Division illegally in not giving any notice to the appellants which is a gross violation of the principle natural justice and consequently, the should be expunged and direction to take are liable...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......nbsp; Cases Referred to- State vs Abdul Mannan, 44 DLR (AD) 173, MG Rabbani and another vs Government of Bangladesh, 31 DLR (AD) 163. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Azra Ali, Advocate-on-Record&m..Category: Criminal Law | Date: | Hits: 72
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.......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.......itted no error of law by refusing the petitioner to try its luck again on the plea of discovery of additional evidence. Case Referred to- Kessewji Issur vs GIP Ry. Company, 34 IA 115 (PC). Lawyers Involved: Shafique Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate..Category: Property Law | Date: | Hits: 107
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ness during Test Identification Parade recognised the accused as the assailant of the deceased and, as such, the learned Judges did not exercise their judicial discretion in accordance with settled principle of law as enunciated under section 497 of the Code of Criminal Procedure. ......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......y refers to criminal law but also civil law which provides for arrest and detention for recovery of decreetal dues and public dues………………(10) Lawyers Involved: Mahbubey Alam, Additional Attorney-General, instructed by..Category: Criminal Law | Date: | Hits: 68
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