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Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....on for leave to appeal by added respondent No. 4 calls in question the order dated 31-1-2000 passed by a Division Bench of the High Court Division in Writ Petition No. 6059 of 1997 discharging the Rule for non prosecution on the prayer of the wit-petitioner. 2. The writ petition was file......secution ought not to have been made by another Division Bench in view of the fact that an order for inquiry was pending as per the order of another Division Bench……..(5) Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin C..Category: Others | Date: | Hits: 88
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......action was past and closed…………………(11) Case Referred to- Bangladesh vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233. Lawyers Involved: Miah Abdul Gafur Advocate-on-Record — For the Appellant. Kh..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......t of the election of directors of a company including a Bank Company. Appellants have locus standi to file the appeal……………………(22) Lawyers Involved: Rafique-ul Huq, Senior Advocate (KZ Alam, Advocate with him) instructed..Category: Business or Commercial Law | Date: | Hits: 107
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
.... Judgment Bimalendu Bikash Roy Choudhury J.- This is an appeal, by leave, from a judgment of the High Court Division dated 30 April 1998, which discharged the Rule Nisi issued in Writ Petition No. 1857 of 1994 preferred by the appellant. 2. The salie...... the proceeding against the appellant. Section 6 of the General Clauses Act contemplates repeal of an Act and not of a Regulation under the rule making power………(6) Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advo..Category: Employment/Service Law | Date: | Hits: 69
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....ence for non-compliance. In case the party interrogated omits to answer the interrogatories, rule 11 allows the party interrogating to apply to the court for an order requiring him to answer them. Rule 21, in clear terms, has left a discretion with the court to strike out a defence in the event ...... of Order 11, rule 8 of the Code of Civil Procedure is directory in character and the court is yet possessed of powers to extend time in a proper case…………(6) Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Shamsul Haque Siddique, Advo..Category: Procedural Law | Date: | Hits: 97
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
....kash Roy Choudhury J.- This petition is by the writ petitioners for leave to appeal from the judgment and order dated 24 November 1998 of a Division Bench of the High Court Division discharging the Rule Nisi in Writ Petition No. 647 of 1998. 2. The relevant facts are brief. Being success...... I BLC (AD) 44, Mujibur Rahman vs Bangladesh, 44 DLR (AD) 111, SP Sampath Kumar vs Union of India, AIR 1987 (SC) 385 (Para 16) and JB Chopra vs Union of India, AIR 1987 (SC) 357 (Para 2). Lawyers Involved: Abdur Rab Choudhury, Senior Advocate, instructed by Md. Aftab Hossain, A..Category: Constitutional Law | Date: | Hits: 151
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
....en preferred against the judgment and order passed by the High Court Division in Writ Petition Nos. 246 of 1996 and 4598 of 1997. The High Court Division by judgment dated 22-4-1999 discharged the Rule Nisi in Writ Petition No. 246 of 1996 and made absolute the Rule Nisi issued in Writ Petition ......ty to the aggrieved party being heard when the lease has been under registered instrument with delivery of possession……………………(3) Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by AKM Shahidul Haque, Advocate..Category: Property Law | Date: | Hits: 71
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......accused not guilty by the High Court Division placing no reliance upon confessional statement and non examination of the magistrate who held the T I parade are no ground for acquittal. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Re..Category: Criminal Law | Date: | Hits: 64
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....ent of Bangladesh and others…………………… Respondent Judgment July 15, 1999. The Government Servants (Discipline and Appeal) Rules, 1976, Rule 8 The Constitution of Bangladesh, 1972, Article 102 The aggrieved......h, 1972, Article 102 The aggrieved persons must come to the writ jurisdiction expeditiously for seeking a summary relief and any explanation causing the delay is not acceptable. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocat..Category: Employment/Service Law | Date: | Hits: 70
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....Rahman J.- This petition for leave to appeal by the writ-petitioner is from the judgment and order dated 21-7-99 passed by the High Court Division in Writ Petition No. 2386 of 1998 discharging the Rule Nisi. 2. The petitioner, an elected Chairman of Sailakupa Pourashava, District Jhenaid......ava can not be an aggrieved person within the meaning of article 102 of the constitution because of gazette notification relating to delimitation of words. ……….(7) Lawyers Involved: Md. Nazmul Huque Nasim, Advocate, instructed by Md. Aftab Hossain, Advoca..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....Bangladesh Civil Service (Reorganisation) Order 1980 with amendment of 1986 is ultra vires the Constitution……..76(3) Article 115 Necessary steps be taken forthwith for the president to make Rules under Article 115 to implement its provisions which is a constitutional mandate. Nomenclat......ignated as the Judicial Service of Bangladesh or Bangladesh Judicial Service and a Judicial Service Commission constituted for recruitment in that sevice……..76(4) Article 116, 116A and 133. Law or rules or executive orders having the force of rules be framed relating to posting, promotion,..Category: Constitutional Law | Date: | Hits: 829
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
.... the plaintiff-petitioners is from the judgment and order dated 30-1-95 passed by a learned Single Judge of the High Court Division in Civil Revision No. 5199/(Dhaka) 209/87 (Chittagong) making the Rule absolute. 2. Plaintiff Nos. 1 to 4 instituted Other Class Suit No. 141 of 1980 in the......stence or validity thereof can not be obtained in a suit. No suit for declaring an arbitration award void is maintainbale as section 32 of the Act bars such a suit……..(4) Lawyers Involved: Mvi Md Wahidullah, Advocate-on-Record —For the Petitioners. ..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
.... would allow the appeal. Kazi Ebadul Hoque J.- This appeal by leave is from judgment and order dated 30-6-98 passed by the High Court Division in Civil Revision No. 3975 of 1996 making the Rule absolute and setting aside order dated 17-10-96 passed by the Artha Rin Adalat, Khulna in Misc......e plaintiff financial institution before the Artha Rin Adalat for setting aside an ex parte order of dismissal of the suit for default.………………..(13). Lawyers Involved: Nazrul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-..Category: Business or Commercial Law | Date: | Hits: 104
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
....angladesh Power Development Board and others…………….. Respondent Judgment March 5, 2000. The Bangladesh Power Development Board (Employees) Service Rules, 1982, Rule 14 The Constitution of Bangladesh, 1972 Articles 27 & 29 For public ......lea of violation of fundamental right in case of transfer. ……….…..(6 & 7). Cases Referred to- Bangladesh vs. Shafiuddin Ahmed, 50 DLR (AD) 27. Lawyers Involved: Sheikh Razzaque Ali, Senior Advocate, instructed by Mvi. Md. Wahidullah, ..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
.... Kazi Ebadul Hoque J.- This appeal is by leave from judgment and order dated 10-7-97 passed by a Division Bench of the High Court Division discharging the Rule Nisi obtained by the appellant A Rahim Choudhury in Writ Petition No. 5764 of 1996 upholding t......ion under the proviso to section 46 (2) of the Act. So there is no illegality in the impugned order………………………(9 & 12). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Rokanuddin Mahmud, Senior Advocate w..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....Mahmudul Amin Choudhury J.- This appeal by leave is against judgment and order dated 9th June, 1998 passed by a Division Bench of the High Court Division in Writ Petition No. 44 of 1998 making the Rule absolute and directed respondent Nos. 1-4 to declare the result of the election of the Chairma......Division has exceeded the jurisdiction and taken upon itself the responsibility which lies on the shoulder of the Election Commission………………(8) Lawyers Involved: AKM Faiz, Advocate, instructed by Md. Nowab Ali, Advocate-on-Record&mdas..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......the family of the accused. The girl cannot be allowed to make her own choice because she is a minor…………………………(18) Lawyers Involved: Probir Halder Advocate (appeared with leave of the Court), instructed by ..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......ents of the courts below to find out whether any miscarriage of justice has been caused but that cannot be a ground for remand of the case………………(10) Lawyers Involved: Abdul Malek, Senior Advocate, MA Jail Advocate with him, instructed by Md..Category: Criminal Law | Date: | Hits: 61
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
....s dismissed by the lower appellate Court and their Civil Revision No. 2385 of 1996 was unsuccessful. A Division Bench of the High Court Division by judgment and order dated 19-5-1997 discharged the Rule from which the defendant-petitioners have preferred this petition for leave to appeal. ......not. The decree can be challenged by the persons left out who ought to have been made party but not by others on the ground of non-joinder………………(5) Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Ad..Category: Civil Law | Date: | Hits: 127
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....on of section 8(a) of Act XIII of 1987, briefly the Act, the trial against him having not been completed within two years from 20-1-87, he is immune from facing the trial and accordingly obtained a Rule in Criminal Revision No. 1236 of 1991. By the impugned judgment and order dated 22nd May, 199......nbsp; Vs. State……….…………..Respondent Judgment June 1, 1998. The Criminal Law Amendment (Amendment) Act, 1987 (XIII of 1987), Section 8(a) The Code of Criminal Proce..Category: Criminal Law | Date: | Hits: 59
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