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Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)

....s of said Presidents Order No. 88 of 1972 which was allowed ex parte on 15-6-1974.  4. The appellant filed writ petition No. 1074 of 1974 impugning the said order of redemption and a Rule Nisi was issued thereon. During the pendency of the said writ petition Martial Law was promulg......ip;..Purchaser-Appellant  Vs. Assistant Commissioner (Land) and Others……………… Respondents Judgment July 3, 1995. Lawyers Involved: Rafiqul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Rec..

Category: Property Law | Date: | Hits: 88

Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)

.... No.  2 moved the High Court Division under section 115 of the Code of Civil Procedure in revision. On 14-12-95 in presence of the plaintiff a Single Bench of the High Court Division issued a Rule in Civil Revision No.  4829 of 1995 and also stayed operation of the impugned order of te......p;   vs. Administrator of Pabna Chamber of Commerce and Industry and another…………... Defendant  Judgment January 16th, 1996. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Rokonuddin Mahmood, Senior Advocat..

Category: Procedural Law | Date: | Hits: 122

Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)

....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......Petitioner vs Bangladesh and others…….………………..Respondent  Judgment 15th, November 1995   Lawyers Involved: Md. Awlad Ali Senior Advocate, instructed Md. Sajjadul Huq, Advocate-on Re..

Category: Administrative Law | Date: | Hits: 149

Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)

....f the said Union Parishad and he is liable to be directed to vacate the said office. The other contesting candidate is entitled to hold the said office of Chairman as duly elected uncontested under Rule 20 (3) of the Election Rules.  3. The appellant filed an affidavit-in- opposition...... College vs. Lakshmi Narain AIR 1976 (SC) 888; Panchkaxi Halder vs. Puma Chandra Halder 1984(2) CU 89; AISSE Assocn, vs. Defence Minister -cum - Chairman, BOG, SS Socy., AIR 1989 (SC) 88. Lawyers Involved: TH Khan, Senior Advocate, instructed by Md, Nawab Ali, Advocate-on-Reco..

Category: Others | Date: | Hits: 85

Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)

....he two witness-appellant directed against the judgment and order dated 3l-5-95 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 2113 of 1994 discharging the Rule arising from the judgment and order dated 18-10-1994 passed by the Additional Sessions Judge a......hellip;………..Appellants Vs. Mobaswir Ali and others………………..Respondents , Judgment August 20th, 1996 Lawyers Involved: Abdul Malek, Senior Advocate (SK Advocate with him), instructed by Md. ..

Category: Criminal Law | Date: | Hits: 68

State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)

....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......Vs. Golam Mostafa & ors………………………………….Respondents Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Ad..

Category: Criminal Law | Date: | Hits: 120

Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)

....udit and Accounts Training Academy and while working as such the Comptroller and Auditor General drew up a departmental proceeding against him under the Government Servants (Discipline and Appeal) Rules, 1976 on 14-3-78 and issued show cause notice to which he replied denying the charges. On 25-......Respondent  Judgment July 25, 1996. Case Referred: Managing Director, Rupali Bank Limited and others vs. Tafazal Hossain and others 44 DLR (AD) 260. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advo..

Category: Administrative Law | Date: | Hits: 106

Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)

....g as having sufficient interest in the matter, and thereby regarded as a person aggrieved to maintain the writ petition subject to the objection or objections as may be raised by the respondents if a Rule is issued ultimately. Mustafa Kamal J.- The burning issue of locus standi which has become a...... 93; Mian Fazal Din vs. The Lahore Improvement Trust, 21 DLR (SC) 225; Benazir Bhutto vs. Federation of Pakistan, PLD 1988 (SC) 416; Shehla Zia vs WAPDA PLD 1994 (SC) 693; The South Asian Environment Law Reporter, Vol. 13, September, 1994, Colombo, Srilanka, pp. 113—145; SP Gupta and others vs. Un..

Category: Constitutional Law | Date: | Hits: 450

Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)

....naripapa, Bakerganj, from the judgment and order dated 17-8-89 passed by a learned Single Judge of the High Court Division (Barisal Bench) in the Civil Revision Case No.51 of 1988, discharging the Rule, affirming thereby the order dated 31-1-88 passed by the trial Court refusing the petitioners&......ases Referred:  Akhtar Banu vs. Habibunnessa and others, 16 BLD (AD) 274 = 48 DLR (AD) 164; Indar Singh vs. Kanshi Ram AIR 1917 (PC) 156; Ghulam Abbas vs Hashim 1969 SCMR 257. Lawyers Involved: PC Guha Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For ..

Category: Property Law | Date: | Hits: 88

Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)

....rs……………….Respondents  Judgment November 27, 1997. The Administrative Tribunals Act, 1980 (VII of 1981), Section 4(2) The Rules of Business, 1975, Rule 5 Charges against the government servant having proved with op......t and omission of use of the name of the President is merely a technicality, such order of dismissal does not call for interference………………(8)  Lawyers Involved: Md. Mozaffar Hossain, Advocate, instructed by Md Nawab Ali, Advocate-on..

Category: Administrative Law | Date: | Hits: 133

Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)

....e plaintiff.  We find no ground for interference.  The petition is dismissed. Ed.    This Case is also Reported in: 50 DLR (AD) (1998) 210. ......dowed daughter of the plaintiff cannot be said to be a requirement of anyone else other than the plaintiffs because they are very much within the family of the plaintiff…….(11) Lawyers Involved: SR Pal, Senior Advocate, instructed Sharifuddin Chaklader, Advocate-on-R..

Category: Property Law | Date: | Hits: 71

Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)

....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......he materials on record was satisfied that a fraud had been committed in obtaining the ex parte decree it was the duty of the trial Court to set aside the ex parte decree…….(18) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Shamsul Haque Siddiqu..

Category: Property Law | Date: | Hits: 76

Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)

....2 against the Trial Court’s decree.  3. Respondent No.4, the General Manager, Western Zone, Rangpur on 22-12-84 initiated a departmental proceeding against respondent No.1 under Rule 4(3) of the Government Servants (Discipline and Appeal) Rules, 1984, briefly, 1984 Rules, char......eeding when the first one ended on a mere technicality owing to efflux of time, without any fault on the part of the punishing authority, is fully maintainable. ……….(19) Lawyers Involved: A W Bhuiyan, Additional Attorney-General (Sharifuddin Chaklader, Assista..

Category: Administrative Law | Date: | Hits: 119

Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)

....case to call for an interference.  The petitions, therefore, merit no leave and are dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......less the circumstances are of such exceptional character that refusal might entail a risk of clear abuse of process or some gross injustice………………(4) Lawyers Involved: Khondakar Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate w..

Category: Property Law | Date: | Hits: 87

Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)

....ndents preferred Civil Revision No. 718 of 1988. In the said civil revision there was no appearance on behalf of the present petitioners. A learned Single Judge of the High Court Division made the Rule absolute after setting aside the judgment and decree of the lower appellate and Court and rest......isposed of on merit by the learned single Judge of the High Court Division. The discretion having been exercised judiciously there was nothing to interfere…………(2) Lawyers Involved: M N Khandker, Advocate-on-Record — For the Petitioner. M..

Category: Civil Law | Date: | Hits: 150

Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)

....rit Petition No.3 of 1989 (Comilla)/Writ Petition No.1950 of 1991 (Dhaka) and Writ Petition No.2 of 1989 (Comilla) Writ Petition No.1949 of 1991 (Dhaka) allowing the two writ petitions, making the Rules absolute declaring Certificate Case Nos.318 and 319 of 1986-87 and notice issued under sectio......nd 54 of the said Act and as such the learned Judges wrongly held that section 10A offends Articles 27 and 31 of the Constitution…………………..(9) Lawyers Involved: Dr Rafiqur Rahman, Senior Advocate, (M A Baqui, Advocate with him), instru..

Category: Business or Commercial Law | Date: | Hits: 150

Shinepukur Holdings Ltd. & others Vs. Securities and Exchange Commission & another, 1998, 27 CLC (AD)

....eived because he himself could set aside the order of the CMM which was actually prayed for. All the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 189. ......fore the Court by a statutory authority can themselves overtake the law by resourceful enterprise in raising ingenious contentions in order to frustrate the prosecution on the threshold……(18) Lawyers Involved: Serajul Huq and Rafique-ul Huq, Senior Advocates, instructed by Mvi. Md. Wahid..

Category: Business or Commercial Law | Date: | Hits: 163

Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)

....।” Defendant No.1 challenged the legality of the order in Civil Revision No. 366 of 1991. A Division Bench of the High Court Division, by its judgment and other dated 9 December 1996, made the Rule absolute and set aside the order of mandatory injunction. While passing a lengthy judgment the ......specified. In cases of injunctions the court must always be very cautious in specifying the property so that on account of vagueness disputes do not erupt………………………………..(6) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sharifuddin Chaklader, Advo..

Category: Property Law | Date: | Hits: 101

Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)

....n has rightly refused the prayer for quashment of the proceeding.  The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......ance of such Act withdrawal of money from Bank in Bangladesh attracts jurisdiction of Bangladeshi competent Court to take cognizance of the offence……………(6) Lawyers Involved: Mahbubey Alam, Advocate, instructed by Chowdhury Md Zahangir, Advocate-o..

Category: Criminal Law | Date: | Hits: 79

Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)

.... at the time of framing charge or even there-after.  The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ......e a  higher offence as because that can be done at the time of framing of charge or even after that if a higher section is attracted………………..(5) Lawyers Involved: ABM Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advoc..

Category: Criminal Law | Date: | Hits: 74