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Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
....p; March 6, 2000. The Code of Civil Procedure, 1908 (V of 1908) Order VII rule 11 A plaint may be rejected under Order 7 Rule 11 of the Code of Civil Procedure merely on a plain reading of the plaint and nothing else. Th......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)
....angladesh Road Transport Corporation-petitioner is against the judgment and order dated 13-5-1999 passed by a Division Bench of the High Court Division in Writ Petition No. 3485 of 1996 making the Rule absolute and thereby declaring the order of termination of service of the respondent as illega......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. ......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
....
Judgment
Md. Ruhul Amin J.- These two appeals, by leave, are against the judgment and order of the High Court Division dated 13th August, 1997 passed in Writ Petition No. 362 of 1997 making the Rule absolute.
2. Respondent Nos. 1 and 2 in both the appeals, filed the aforementioned writ pet......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)
.... the judgment and order dated 9th December, 1992 passed by a Division Bench of the High Court Division in Civil Revision No. 2783 of 199 l(Dhaka)/Civil Revision No. 86 of 1987 (Barisal) making the Rule absolute upon setting aside the judgment and decree dated 18th May, 1986 of the Court of Distr......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)
....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)
....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)
....nbsp; Judgment August 8, 1999. The Bangladesh Civil Service Seniority Rules, 1983, Rule 3 The case filed before the Administrative Tribunal was not ......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)
.... and in view of the provision of Article 113 (sic) of the Constitution the High Court Division has no jurisdiction over the matter and, as such, the High Court Division was wrong in issuing the Rule and staying operation of the order dated 30-7-2000. He further submits that the transfer orde......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)
.... requirement of the premises in question. 2. The trial Court decreed the suit and on appeal the same was affirmed. Thereafter the respondent moved the High Court Division in revision and the Rule was made absolute dismissing the suit disturbing the concurrent finding of fact as to notice un......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)
....ent Md. Ruhul Amin J.- This leave petition has been Field against the judgment and order of 4th June, 2001 by a division Bench of the High Court Division in Writ Petition No. 7 of 2001 making the Rule absolute declaring Memo No. CPA/PMU (EQPT)/P-120 (part-1/372) dated 1-1-2001 (Annexure – D ......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)
....hul Amin J.- This petition for leave to appeal has been preferred against the judgment and order dated 2nd March, 1997 of the High Court Division in Civil Revision No. 1751 of 1995 discharging the Rule which was obtained the against the order No. 15 dated 22nd February, 1995 of the learned Distr......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. ......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)
....it allowing parties to adduce fresh evidence is designed to fill in the lacuna of the pleadings of the parties, which is not the intent and object of the order of remand contemplated under Order XLI -Rule 23 of the Code of Civil Procedure. In the case of Dr. Razia Khatun vs. Bhanu Guha and others, 1......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)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ...... 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. ...... 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)
....oudhury J.- This petitions fro leave to appeal is against judgment and order dated 22-2-2000 passed by a Division Bench of the High Court Division in Writ Petition No. 4566 of 1999 discharging the Rule issued earlier. 2. The short fact leading to this petition is that the p......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)
....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)
.... by giving registered societies a legal entity, the right to own property and the legal capacity to sue and to be sued. (ii) The High Court Division erred in making the Rule absolute as by doing so it was in effect winding-up a bank which had been incorporated seven ......(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)
....oudhury J.- This is a petition by the plaintiff for leave to appeal from the judgment and order dated 7 July 1996 passed by the High Court Division in Civil Revision No. 598 of 1990 discharging the Rule. 2. The revision case has arisen in this way. The plaintiff (Government of Banglade......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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