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Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....the Petitioner. Md. Nowab Ali, Advocate-on-Record-For Respondent No. 5. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 812 of 1997. (From the judgment and order dated 4th August 1997 passed by the High Court Division in Writ Petition No. 2319 of 1995). Judgm......held that Rule 10 is a directory provision and that the Government in exercise of its powers under section 4 of the Act legally issued the impugned order. The learned Judges have also relied upon the decision in the case of Kazi Mohd Amirul Islam Vs. Bangladesh reported in 1996 BLD (AD) 110. 6. M..Category: Employment/Service Law | Date: | Hits: 137
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....pellant. Dr. Kamal Hossain, Senior Advocate, instructed by Aftab Hossain Advocate-on-Record— For the Respondent. Civil Appeal No. 8 of 1997. (From the Judgment and Order dated 12-1-97 passed by the High Court Division in Writ Petition No. 5101 of 1996). Judgment &nb...... the selection has been made following the tradition, custom and usage which govern such selection. If so made judiciary will not intervene. If extraneous considerations have influenced the executive decision the court has certainly the power to declare the selection to have been made without lawful..Category: Civil Law | Date: | Hits: 203
Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)
....e respondent Janata Bank for recovery of taka 33,86,214.99 in the Court of Subordinate Judge and Artha Rin Adalat No.1 Dhaka. The petitioners filed written statement on 21-3-96 and shortly before the date of final hearing (22-4-97) defendant No.4 filled application on 11-3-1997 for leave to deliver ......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ..Category: Civil Law | Date: | Hits: 137
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....hab uddin Ahmad, Advocate-on-Record — For the Respondent Nos.1-5. Not Represented— Respondent Nos. 6-39. Civil Petition for Leave to Appeal No. 577 of 1995. (From the judgment and order dated 3 April, 1995 passed by the High Court Division in Civil Revision No. 889 of 1987). Judgmen......at the trial Court. His appeal, Title Appeal No. 84 of 1981 was also fruitless. The plaintiff thereafter preferred Civil Revision No. 889 of 1987 before the High Court Division against the concurrent decision, but made an application to the Court for withdrawal of the suit as a whole, which was allo..Category: Property Law | Date: | Hits: 77
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....n Civil Appeal Nos. 59 of 1995). Ozair Farooq, Advocate-on-Record—For the Respondents (In Civil Appeal Nos. 59 of 1995). Civil Appeal Nos. 56 to 59 of 1995. (From the judgment and order dated August 30, 1995 passed by the High Court Division, Dhaka in Writ Petition Nos.1582, 1583, 1584......e mother was entitled to their custody and as the eldest child Mohammad Nurut Alam Jalil was above 7 years, the father was held entitled to retain him in his custody. It was also held relying on some decisions that the writ-petitions were maintainable. 15. Accordingly, the Rules were made absolu..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
...., Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Not represented—Respondent Nos. 2-4. Civil Appeal No. 38 of 1996. (From the Judgment and order dated 23-2-95 passed by the High Court Division in civil revision No.577 of 1987). Judgment L......ed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The material evidence not being properly considered by the lower Appellate court as final court of fact, resulting in an erroneous decision, in that context the learned single Judge in his revisional jurisdiction rightly held that ..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
.... The Limitation Act, 1908 (IX of 1908), Section 18 The Evidence Act, 1872 (1 of 1872), Onus of Proof Fraud having been perpetuated on the mother, the question of limitation will run from the date of knowledge of the impugned deed of sale and consequently the suit cannot be barred by limitat...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ..Category: Procedural Law | Date: | Hits: 154
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ecord— For the Appellant. SS Halder, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondent. Civil Appeal No. 41 of 1996. (From the judgment and order dated 6 February 1994 passed by the High Court Division in Civil Order No. 653 of 1994). Judgmen......ding that there was due marriage between the plaintiff and the defendant that the affidavit was genuine and true and spouse had lived together as man and Accordingly, the appellate Court reversed the decision of dismissal and decreed the suit allowing maintenance of the plaintiff @ 500.00 per month...Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
.... Judgment June 26, 1997. Result: All the appeals are dismissed. The leave petitions are dismissed. The Constitution of Bangladesh, 1972, Article 55 (4) and 133 (i) Notifications dated 10.10.91 and 4.12.1991 (constituting council committee for promotion) were issued under orders...... the posts of Joint Secretary and above and Deputy Secretary and they have the force of law…………..(42) The Constitution of Bangladesh, 1972, Articles 27, 29 (1) and 55 (4) (ii) Cabinet decision dated 3.11.91 (regarding allocation of 60 marks for ACR and 40 marks for interview) without..Category: Constitutional Law | Date: | Hits: 185
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....d by Shaifuddin Chaklader, Advocate-on-Record— For the Petitioner. Not Represented— the Respondents. Criminal Petition for Leave to Appeal No. 201 of 1995 (From the Judgment and Order dated 4-5-95 passed by the High Court Division is Criminal Revision No. 203 of 1991). Judgment ......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ..Category: Procedural Law | Date: | Hits: 120
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....h Court, Dhaka. The aggrieved defendant then filed revisional application being Civil Revision No. 372 of 1984 and obtained a Rule. A learned Single Judge of the said court, by his judgment and order dated 3 June 1991 set aside the judgment and decree of the lower appellate Court and restored those ......agreement, settlement of consideration and payment towards the same, demand of conveyance and also alleged delivery of possession have not been proved. When the trial court gave cogent reasons of its decision, it was obligatory for the Appellate court to meet the same to hold a contrary view. Theref..Category: Property Law | Date: | Hits: 88
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
.... the judgment and order passed by the High Court Division in Writ Petition No. 84 of 1992). Judgment Latifur Rahman J.- This petition for leave to appeal is against the judgment and order dated 19th June, 1996, passed by a Division Bench of the High Court Division in Writ Petition No. 84......, learned Advocate appearing for the petitioners submits, first, that the requisitioned land having remained unutilized for the last 28 years and the Government in the meanwhile having taken a policy decision to return the unused land to the original owners, the petitioners are legally entitled to g..Category: Property Law | Date: | Hits: 81
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....der of the High Court Division in Civil Revision No. 145 of 1988.) Judgment Bimalendu Bikash Roy Choudhury J. - This appeal by leave by the plaintiffs is directed against the judgment and order dated 25 January 1994 of the High Court Division in Civil Revision No. 145 of 1988 whereby a learned......permanent injunction in respect of .19-1/2 acres of land comprised within a plot measuring 2.07 acres. The learned Munsif , First Court, Chandpur decreed the suit in favour of the plaintiffs and the decision was upheld by the learned Subordinate Judge, Chandpur in Title Appeal of No. 53 of 1986 p..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....” For Respondent No.1. B Hossain Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record — For Respondent No. 2. Civil Appeal No. 96 of 1994. (From judgment and order dated 12 January, 1993 passed by the High Court Division in Writ Petition No. 310 of 1990.) Judg......h Shilpakala Academy Act, 1989. The said resolutions were annexed to the affidavit in-opposition filed by the appellant which have been quoted in the impugned judgment at pages 141-142. 4. As the decision in the matter turned on the interpretation of the said resolutions and which will also be t..Category: Employment/Service Law | Date: | Hits: 145
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....Aftab Hossain, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent Nor. 1, 3-9. Civil Appeal No. 116 of 1999. (From the judgment and order dated 10-3-1999 passed by the High Court Division in Writ Petition No. 519 of 1999). Ju...... 45 (a) and (b) in that in an election Petition reliefs both under Rule 45 (a) and (b) of the Rules cannot be prayed for.” 5. Learned Advocate for the petitioner relying on the decisions of the High Court Division in 1981 BLD 298, 38 DLR 435 and 41 DLR 379 submitted that by th..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....d by AKM Shahidul Huq Advoqate-on-Record - For Respondent No. 1. Not Represented — Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 125 of 2000. (From the Judgment and order dated 18th November, 1999 passed by the High Court Division in Civil Revision No. 2757 of 1999). ......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....itioners. Md. Nazrul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 914 of 1998. (From the Judgment and order dated 15-6-1998 passed by the High Court Division in Civil Revision No. 2038 of 1994). Judgment ...... Court but then in a case where provision of filing of a revision is barred under special statute I am afraid the argument of Mahmudul Islam that revision lies is not entertainable. There are various decisions from Indian jurisdiction where it has been held that for fundamental basic principle of ju..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....tioner Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1. Not represented— Respondent No. 2. Civil Petition for Leave to Appeal No. 70 of 1998. (From the Judgment and order dated 2-3-1997 passed by the High Court Division in Civil Revision No. 1469 of 1992). Judgment ......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ..Category: Civil Law | Date: | Hits: 162
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....by Ahsanullah Patwary, Advocate-on-Record- For the Respondent No. 7. Ex- parte- Respondent Nos. 1-6 & 8-10. Civil Appeal No. 10 of 1998 (From the Judgment and Decree dated 07.05.1997 passed by the High Court Division in 2nd Appeal No. 143 of 1969) Judgm......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 76
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....llant. A.F. Hassan Arif, Attorney General, instructed by Sufia Khatun, Advocate-on-Record- For Respondents. Civil Appeal No. 452 of 2001 (From the Judgment and Order dated 29 March 2001 passed by the High Court Division in Writ Petition No. 5100 of 2000). ......the same footing is carried forwarded so as to disentitle him of his right to be considered for promotion to the post of General Manager. 20. Mr. Chowdhury has referred to the decision in the case of Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain reported in 51..Category: Administrative Law | Date: | Hits: 130
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