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Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)

....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit.   Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit.   Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit.   Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......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)

....itioner Vs. Sumikin Bussan Corporation & others...........................Respondents Judgment December 4, 2001. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles &102 Since question of financial interest of the State is serious......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......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)

....dgment of the High Court Division in any respect.   Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80.  ......dgment of the High Court Division in any respect.   Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80.  ......dgment of the High Court Division in any respect.   Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80.  ......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. ......  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. ......  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)

....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......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)

.... suit……(15)  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, instruc......curity or for attachment before judgment in order to satisfy any possible decree that may be passed in the suit……(15)  Cases Referred to- Kanshi Ram vs Hindustan National Bank Ltd. AIR 1928 Lahore 376; Janata Bank vs Ahanadia Garments 40 DLR 72; Unimarine SA Pa......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.  ......   The review petition is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 69.  ......   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)

....   Bangabir Kader Siddiqui, Bir Uttam  ………….……………. Petitioner   Vs.   Government Bangladesh represented by the Secretary Ministry of Law & others… ...…Respondents.......   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64.  .......   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64.  ...... of the Supreme Court the petitioner has no cause to be apprehensive on the formation of the committee…………………………(7)  Lawyers Involved:   Dr. Kamal Hossain, Senior Advocate instructed Sharifuddin Ch..

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. ......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. ......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)

....bsp;                        The Constitution of Bangladesh, 1972, Article 102   Petitioner cannot move the High Court Division u......esting foreign donations in income generating activities….........(30)  Cases Referredto-   Dr. Mohiuddin Farooque’s case, 49 DLR (AD) 1; Trustees of the National Deposit Society vs. Skegness Urban Council (1958) 2 All ER 601; R vs Whitmarsh (9)(1850). ......se appeals.   Accordingly, the same are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 36.  ......(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)

....   AMM Rahman J   Mahmudul Amin Choudhury J   Kazi Ebadul Hoque J   Government of Bangladesh………..Petitioner   Vs.   ...... wronged.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 35.  ...... wronged.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 35.  ......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

Osman Gani Vs. State, 2002, 31 CLC (AD)

.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 34. ......on the dead body does not involve an individual with the crime of murder. Suspicion, however strong, cannot be the basis of conviction…………….(11)   Lawyers Involved:    Abdul Malek, Senior Advocate, instructed by Md Nawab Au, ..

Category: Criminal Law | Date: | Hits: 55

Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)

....              Syed Abu Hossain Arshad and others……..Petitioners   Vs.   Bangladesh Sugar and Food Industries Corporation and ors ……………Re......, facts and circumstances all the three leave petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 33.  ......, facts and circumstances all the three leave petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 33.  ......1969), section 34  Section 34 of the IRO allows a workman to apply to the Labour Court for the enforcement of any right guaranteed or secured to him by or under any law.   Lawyers Involved: SM Munir Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record&mdas..

Category: Labour and Industrial Law | Date: | Hits: 115

State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)

.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17.  ...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17.  ...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17.  ......bi he committed an offence under section 304, part II of the Penal Code as because the respondent had neither any object of murdering anybody nor was there any such intention……………….(7) Lawyers Involved:  B Hossain, Advocate-on-Record—For the Appellant. Ex-Parte—The Resp..

Category: Criminal Law | Date: | Hits: 55

Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)

....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ...... not compulsory and must be optional as the notice is not for the part of the cause of action for such eviction and cause of action is the denial of landlord’s title……………………..(8) Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, (Mustafa Niaz Mahmud, Advocate wi..

Category: Tenancy Law | Date: | Hits: 70

Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)

....  The appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 23.  ......  The appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 23.  ......  The appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 23.  ...... as per direction of the Government under the provisions of the above Ordinance and Notification, the question of earning profit for payment of bonus, does not arise……(5)  Lawyers Involved:   Dabiruddin Ahmed, Deputy Attorney-General instructed by Md. ..

Category: Fiscal/Taxation Law | Date: | Hits: 66

Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)

....   In view of the above, the petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 21.  ......   In view of the above, the petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 21.  ......   In view of the above, the petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 21.  ......ed but lies only on patent error. Mere wrong application of law is no ground of review and if it be allowed to do then the scope of appeal would be frustrated…….(8)  Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossa..

Category: Employment/Service Law | Date: | Hits: 83

Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)

....;                              Government of Bangladesh and other…… Petitioners   Vs.   Nidhi......e High Court Division.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 14.  ......e High Court Division.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 14.  ......llip;…………………(5)  ii) A co-sharer of a vested property has a preferential claim to lease than the stranger……(6)  Lawyers Involved:   B Hossain, Deputy Attorney-General, instructed Mvi Md Wahidu..

Category: Property Law | Date: | Hits: 43

Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)

.... Court Division in exercising the discretion. 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) 13. ...... Court Division in exercising the discretion. 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) 13. ...... Court Division in exercising the discretion. 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) 13. ......e Limitation Act is a highly discretionary matter and the High Court Division exercised the discretion in favour of the Government respondent so the Appellate Division has nothing to interfere. Lawyers Involved: Md. Zahedul Bari, Advocate (appeared with the leave of the Court) instructed b..

Category: Procedural Law | Date: | Hits: 121

AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)

....bsp;             AKM Ali Imam......................................Petitioner   Vs.   DG, Bangladesh Agricultural Research Institute & another....................Respondents &nbs......There is no merit in this petition and the same is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 5. ......There is no merit in this petition and the same is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 5. ......sed on the ground that the order passed by the Tribunal was declaratory without any direction for reinstatement and as such the said order is not executable.       Lawyers Involved:   MA Tariq, Advocate, instructed by Sharifuddin Chaklader, Ad..

Category: Administrative Law | Date: | Hits: 104