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City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....3 have preferred this petition for leave to appeal from the judgment and order dated 25-3-99 passed by a Division Bench of the High Court Division in Writ Petition No. 4375 of 1997 discharging the Rule Nisi. 2. Respondent No. 6, Industrial Development Leasing Company Bangladesh Limited, ......ature that directors of capital-generating institutions should not be allowed to flock together in a financial institution to control and monopolize the capital market……..(15) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Sharifuddin Chaklader A..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....rs of Writ Petition No. 4992 of 1997 have preferred this petition for Leave to Appeal from the judgment and order dated 11-5-99 passed by a Division Bench of the High Court Division discharging the Rule Nisi with costs. 2. Petitioner No.1, Phoenix Leasing Limited, is a lease finance comp...... represent their companies’ share holdings. It applies to all, whether they are individuals or nominees of a bank, insurance or financial institutions………(22) Lawyers Involved: Dr. M. Zahir Senior Advocate, instructed by Sharifuddin Chaklader Advocat..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......ase of possession but not of title. When they are in possession claiming raiyati settlement they cannot set up adverse possession either. They are not entitled to a declaration of title…….(5) Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Shar Chaklader, Advocate-on-Recor..Category: Tenancy Law | Date: | Hits: 82
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....ellip; Petitioners Vs. Uttara Bank………….. Respondent Judgment November 13, 1997. The Code of Civil Procedure, 1908 (V of 1908), Order IX Rule 13 It is not possible to permit the defendants to prove certain facts after elapse of ......the consequence of their own laches. Moreover there is nothing specific to show that the defendants were absent from the country on the date of passing the ex parte decree…..(5) Lawyers Involved: Md. Abdul Hannan, Senior Advocate, instructed by Md. Ataul Huq, Advocate-o..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....the delay is caused .deliberately or on account of culpable negligence or on account of malafides. In the absence of any definition of the expression “sufficient cause” employed in this Rule, the above considerations should prevail upon a Court while deciding the circumstances which ...... Cases Referred to- Union of India vs. Ram Charan, AIR 1964 SC 215, Chowdhury Saifuddin Ahmed vs. Shamsuddin and others, 40 DLR 10, Azimomiessa vs. Rup Gazi and others, 39 DLR 6. Lawyers Involved: Md. Abdul Hannan Senior Advocate, instructed by Md. Ataul Huq, Advocate-o..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....sion praying for the custody of his minor daughter which was registered as Criminal Miscellaneous Case No. 4342 of 1997. The High Court Division, by judgment and order dated 19 August, 1998, held the Rule issued in the said Miscellaneous Case to have become infructuous finding that the victim girl w......ictim girl minor, she should be delivered to the custody of her father with option to produce the victim before the court as and when required for adjudication………………………(19) Lawyers Involved: MA Wahhab Miah, Advocate instructed by and Azra Ali, Advocate-on-Record.â..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....ion “The Parliament and the judiciary at Loggerheads” written by the appellant, then as Assistant Judge. Tangail and published in the Daily Star dated the 6th February, 1995 a suo motu Rule was issued on the 22nd March, 1995 by a Division Bench of the High Court Division calling upon......itate to deal with member of the subordinate judiciary if he is not cautious, restrained, respectful and deferential with regard to the highest judiciary ……….(10) Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by SR Karmaker, Advocate-o..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the instance of the added respondents in writ petition Nos. 58, 93 and 94 of 1989 arise out of judgment and order dated 10 June, 1997 passed by a Writ Bench of the High Court Division making the Rules absolute in the said writ petitions with certain ancillary orders and observations. 2......e disputed lands are wholly untenable and uncalled for and the dispute can only be decided one way or the other by a competent Civil Court upon taking evidence………..(15) Lawyers Involved: Mohammad Nurullah, Senior Advocate, instructed by Sharfuddin Chaklader A..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....f J.- This appeal, by special leave, has been preferred against the judgment and order dated 3-8-95 passed by a Single Bench of the High Court Division in Civil Revision No. 2284 of 1995 making the Rule absolute and setting aside thereby the concurrent judgment and order of the Election Appellat......angar and another vs Hindu Religious Endowment Board, Madras, AIR 1949 PC 156, Syed A Jalil Vs. Mahbub Alam and others 46 DLR (AD) 96 and Md Shahjahan Vs. Md Sadek and anr 38 DLR (AD) 276. Lawyers Involved: Maksum-ul Hakim, Senior Advocate (Amirul Islam, Senior Advocate, with him..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... revision to the High Court Division, Civil Revision No. 1050 of 1994 and Civil Revision No. 1051 of 1994 respectively, and a Division Bench by separate judgments dated 5 November 1997 discharged the Rules and upheld the orders of the learned Subordinate Judge refusing to reject the plaints in the r...... Ashraf Jute Mills, 44 DLR (AD) 452; Delwar Coil Foam Industries Ltd. vs. Bangladesh Shilpa Rin Sangstha, 11 BLD (AD) 345, Bangladesh Shilpa Rin Sangstha vs. Azizuddin Chowdhury, 18 BLD (AD) 144. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Mvi Md Wahidullah, Advocate-on-..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......omplaint was filed long after that date (on which cause of action arose) and thus cognizance could not be taken upon such complaint which was liable to be quashed……………(8,10,11 & 13) Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Abu Siddique, Advocate-on-Record —..Category: Business or Commercial Law | Date: | Hits: 145
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
.... is against the judgment and order dated 1-6- 97 passed by a Division Bench of the High Court Division in Writ Petition No. 1778 o 1991 (Dhaka)/Writ Petition No. 47 of 1989 (Chittagong), making the Rule absolute and thereby reversing the decision and award dated 22-1-86 passed by the Chairman, La......hellip;…….(8 & 9) Cases Referred to- James Finlay Ltd. vs. Chairman, Second Labour Court Dhaka 33 DLR (AD) 58. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, (Subrata Chowdhury, Advocate with him..Category: Labour and Industrial Law | Date: | Hits: 94
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....f some other similar ghat including the present ghat for the year 1402 BS and against that order one Shahed Ali moved in Writ Petition No.1236 of 1995 before the High Court Division and obtained a Rule Nisi and an order restraining the respondents from collecting tolls. The said Rule is pending ......e members of the public. …………………(3) Case Referred to- Dr. Mohiuddin Farooque vs. Bangladesh and others 49 DLR (AD) 1. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Records— For the Petitioner. ..Category: Constitutional Law | Date: | Hits: 126
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
.... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ......ty in dispensing with the service of notice upon the non-contesting parties in terms of the principle underlying Order 41, rule 4(3) of the Code of Civil Procedure…….(9) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Abdur Razzak, Advocate wi..Category: Election Law | Date: | Hits: 117
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....zal CJ.- This petition is from judgment and order dated 20 May, 1997 passed by a Division Bench of the High Court Division in Writ Petition No. 2081 of 1996 filed by the petitioner discharging the Rule. 2. The petitioner, who was a Senior Principal Officer of the Bangladesh Shilpa Rin S......itioner) did not seek to enforce any fundamental right and further, it was within the competence of the Administrative Tribunal to entertain the grievance of the petitioner.…(9) Lawyers Involved: Shafique Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record..Category: Employment/Service Law | Date: | Hits: 63
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
....ent ATM Afzal CJ.- The Customs authorities are aggrieved by the impugned order dated 17 February, 1999 passed by a Writ Bench of the High Court Division while issuing Rule Nisi in Writ Petition No. 576 of 1999 filed by the respondent directing the petitioners to all......nk guarantee should be ensured…………………(4) Case Referred To: Commissioner of Customs vs Giasuddin Chowdhury 50 DLR (AD) 129. Lawyers Involved: B Hossain, Advocate-on-Record— For the Petitioners. MA Wa..Category: Business or Commercial Law | Date: | Hits: 155
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... Mustafa Kamal CJ.- Writ Petitioner Md. Idrisur Rahman, an Advocate of the Supreme Court of Bangladesh, filed Writ Petition No. 1381 Of 1994 in the High Court Division in which a Rule Nisi was issued calling upon the respondents to show cause under what authority respondent No......esh, AIR 1966 (SC) 1987; The State of Assam vs. Ranga Mohammad, AIR 1967 (SC) 903; Aftabuddin vs. Bangladesh, 48 DLR 1; Md. Masdar Hossain and others vs. Bangladesh, 18 BLD 558 = 2 BLC 444. Lawyers Involved: Mahmudul Islam, Attorney-General (BR Chhana, Assistant Attorney-General wi..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....p; Latifur Rahman J.- This appeal by the accused- appellants is against the judgment and order dated 30-3-95 passed by a Division Bench of the High Court Division discharging the Rule not on merit but by treating the same as premature in Criminal Revision No. 1907 of 1992. ......of complaint before the criminal court. The order of filing a petition of complaint by the complainant is liable to be quashed…………………(8) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Appellants. Sha..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
.... Chakraborty moved the High Court Division in revision, Civil Revision No. 7343 of 1991. A learned Single Judge of the High Court Division, by judgment and order dated 28 July 1993, discharged the Rule holding that in the instant case Hem Chandra Chakraborty is shown to be litigating as the Sheb......hellip;……….Appellant Vs. Jamila Khatun Bibi & ors …………………Respondents Judgment May 5, 1999. Hindu Law In the prevailing circumstance most of the shebaits are not available due to death or lea..Category: Family Law | Date: | Hits: 156
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......and it is indeed a rule of convenience. If properties are left out in a partition suit it brooks further litigation. But in specific situation such rule is relaxable……(7) Lawyers Involved: ABM Nurul Islam, Senior Advocate, instructed by Md Aftab Hossain, Advocat..Category: Property Law | Date: | Hits: 65
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