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Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....d that the owner ceased to occupy, supervise or manage the property. 3. The appellant, being aggrieved by the judgment, filed the writ petition before the High Court Division which discharged the Rule upon finding, inter alia, that the appellant had filed only the photocopy of the lease deed of ......abandoned buildings. Such action was clearly illegal and without any lawful authority. Cases Referred to- Bangladesh vs Amena Khatun and others, 53 DLR (AD) 55; 47 DLR (AD) 71. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by SR Khoshnabish..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
............Petitioners Vs. Khondaker Khairul Kabir ........................Respondent Judgment April 10th, 2005. The Government Servant (Discipline and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good gro......uiry Officer. Appellate Tribunal on correct appreciation of law and the materials on law was fully justified in allowing the appeal……………..(7) Lawyers Involved: AJ Mohammad Alt, Additional Attorney-General, instructed by Mvi. Md Wahid..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......have been rightly sentenced to death. The Appellate Division disapproved leniency in the sentence and in modification of the sentence passed by the High Court Division…………………….(22) Lawyers Involved: A KM Fakhrul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Rec..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....The defendant-petitioner seeks leave to appeal against the judgment and order dated 22-5-2001 passed by a Single Judge of the High Court Division in Civil Revision No. 4924 of 1998 discharging the Rule and confirming the judgment and decree dated 30-6-1996 of the Additional District Judge, First......Cinematograph Act 1918 for setting up a cinema hall in such a place is without any basis. Case Referred To: Magistrate, Lahore vs Sayed Fayezuddin and others 17 DLR (SC) 309. Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Ad..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ect: by order of the President and she was removed by an order passed by the Deputy Secretary of the concerned Ministry and, as such, it is clear that in passing the impugned order sub-rule (b) of Rule 4 of the Government Servants (Discipline and Appeal Rules), 1985 has been violated as the impu...... Because of pendency of a Criminal Case against the Appellant during the period of her removal, such removal was not a removal simpliciter, because of which she is entitled to protection of Law eligible to her……..(10) Lawyers Involved: Tabarak Hossain, Advocat..Category: Administrative Law | Date: | Hits: 128
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
....gorous imprisonment for one month more. 2. Against that order of conviction they filed an appeal, Criminal Appeal No. 410 of 1991, before the High Court Division. On their application a Rule was issued upon the Deputy Commissioner, Gaibandha, to show cause as to why they should not be......llip;……………………………………………Respondent Judgment July 25th, 1991. Lawyers Involved: Alimuzzaman Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on..Category: Criminal Law | Date: | Hits: 50
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ...... Attorney General for Alberta Vs. Attorney General for Canada, 1939 AC 117; Sheela Barse Vs. State of Moharastra, AIR 1983 (SC) 378; KC Gajpati Narayan Vs. State of Orissa , AIR 1953(SC) 375. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate and Syed Ishtiaq Ahmed, Senior Advocate,..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ....................................Plaintiff-Appellant Vs. United Commercial Bank Ltd. and others................ Defendant-Respondents Judgment March 30th 1992. Lawyers Involved: Moksumul Hakim, Senior Advocate, instructed by B Hossain, Advocate-on-Rec..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... 30, 1989 of the High Court Division passed in Criminal Contempt Case No. 3 of 1988. On a report by Mr. AKM Fazlul Karim, the Subordinate Judge, Third Court, Dhaka, the High Court Division issued a Rule upon the appellant to show cause as to why he should not be committed for contempt of Court f......sham Hyder, 28 DLR (HD) 285; Ilkley Local Board Vs. Oswald Lister (1895) 11 TIR 1976; Dunn Vs. Bevan [1922] 1 Ch. 276; Lord Russel of Killowen, CJ in the Queen Vs. Gray (1900) 2 QB 36. Lawyers Involved: TH Khan, Senior Advocate, (MI Farooqui, MA Wahab Miah, Advocates w..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
.... order of punishment dated 31 December 1990 on the ground that the principle of natural justice was violated in their case as they were not given any opportunity to be heard and to defend themselves. Rules having been issued thereupon the appellants entered appearance and resisted the Rules both on ........................Respondents (In Civil Appeal No. 8 of 1992) Kabita Rani Hajra ......................Respondent (In Civil Appeal No. 10 of 1992) Judgment August 30, 1992. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate (MA Baqui, Advocate with him), instruct..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.....- By a judgment and order dated the 28th November 1989 the learned Subordinate Judge, 2nd Court, Chittagong in Miscellaneous Case No. 38 of 1988 made the Arbitrator's award dated the 20th May 1989 a Rule of the Court. In First Miscellaneous Appeal No. 261 of 1990 a Division Bench of the High Court....................Appellant. Vs. Registrar, University of Chittagong ..................Respondent Judgment August 9, 1992. Result: The appeal is allowed in part. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam and Zakir Ahmed, Advoca..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....Mustafa Kamal J.- These two appeals, one certificated and the other by leave are from the judgment and order of the High Court Division dated 18.6.90 in Writ Petition No. 10 of 1989 discharging the Rule Nisi. The writ petitioner is the appellant in both the two appeals. They have been heard toge...... Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In both the appeals] Judgment August 30th, 1992 Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) in..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......riminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh................... Appellant. Vs. ..Category: Criminal Law | Date: | Hits: 93
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ................Respondents Judgment April 19th, 1992. Cases Referred to- Pradhip Das alias Shambhu vs. Kazal Das Sarma, 44 DLR (AD) 1; Abdus Sattar vs. Suresh Chandra Das, 32 DLR (AD) 171. Lawyers Involved: Khander Mahbubuddin Ahmed, Senior Advocate instructed by Sharifuddin Chaklader,..Category: Tenancy Law | Date: | Hits: 90
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ...... Sheikh Ibrahim & others……………Petitioners Vs. Nazma Begum......................Respondent Judgment August 16th, 1992. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record - For the Petitioners. Not R..Category: Others | Date: | Hits: 93
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....rvice was terminated by an order dated 26th October, 1986 communicated under the signature of the Secretary of the Trust. The order was purported to have been made under the following sub-rule (1) of Rule 7 of the Bangladesh Freedom Fighters' Welfare Trust (Head Office) Service Rules 1979, framed by......ution (Seventh Amendment ) Act, 1986 (Act I of 1986) The General Clauses Act ,1897 (Act X of 1897), Section 6 When the impugned order of termination from service was not passed under Martial Law or any Martial Law Regulation the same was not protected just because the president of the Trust..Category: Employment/Service Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......d others………………….. Pre-emptee-Respondents Judgment March 12, 1992. Cases Referred to- 36 DLR (AD) 1, 51 CWN 644. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record -For the Appellant. Sharifuddi..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....unds of misconduct. Leave was granted by us to see whether the High Court Division duly considered the questions raised in the writ petition namely, the Government Servants (Discipline and Appeal) Rules, though applicable to the appellant's case, were not followed and the principle of natural ju...... Latifur Rahman J Bashir Ahmed...................Appellant Vs. Bangladesh Jute Mills Corporation and others............Respondents Judgment March 19th, 1992. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Supreme Court, (Mahbubey Alam..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......60 SC 289 (290); Mohan Singh Vs. State of Punjab AIR 1963 SC 174; Khem Karan Vs. State of UP AIR 1974 SC 1567; Dharam Pal Vs. State of UP AIR 1975 SC 1917 (1921 &1922); AIR 1978 SC 1233. Lawyers Involved: Rabeya Bhuiyan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Rec..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ...... the Janata Bank are workers and that the civil Court got no jurisdiction to entertain a suit for redress of any grievance of those workers in connection with their termination. 9. A Labour Law, such as the Employment of Labour (Standing Orders) Act, or the Industrial Relations Ordinance..Category: Administrative Law | Date: | Hits: 130