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Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
....gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ......€” For the Respondents. Civil Petition for Leave to Appeal No. 356 of 2000. Judgment AM Mahmudur Rahman J.- This petition for leave to appeal by plaintiff-petitioner is from the judgment and order of the High Court Division passed in Civil Revision No. 2786 of 1996 making the Rule absolute........ Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ......te Division (Civil) Present: Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abul Khair (Md)................................ .Petitioner Vs. Pubali Bank Ltd. and another.................. Respondents Judgment June 26, 20..Category: Civil Law | Date: | Hits: 105
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
....ect from 31-10-77. Respondent No. 1 submitted a representation on 2-1-90 to the National Board of Revenue for giving him seniority over respondent No. 2 who was junior to him in the gradation list published in 1995 with effect from 5- 8-74 in the post of Assistant Commissioner of Taxes and from ......r 8, 1996. The Administrative Tribunals Act, 1980 (VII of 1981), Section 4(2) The National Board of Revenue passed the impugned order refusing to grant antedated seniority. NBR is the final higher administrative authority for t...... Latifur Rahman J Md. Abdul Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh represented by Secretary, Ministry of Establishment &another........... Petitioners Vs. ....... Abdul Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh represented by Secretary, Ministry of Establishment &another........... Petitioners Vs. Nurul Haque Miah and another.............. Resp..Category: Administrative Law | Date: | Hits: 93
State Vs. Shahjahan, 2001, 30 CLC (AD)
....ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ......h;For the Petitioner Not represented—The Respondent. Criminal Petition for Leave to Appeal No. 61 of 1915. (From the judgment and order dated 15-8-1994 passed by the High Court Division in Death Reference No. 1 of 1992 with Crimi......oner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ...... Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J State........................ Petitioner Vs. Shahjahan................. Respondent &nb..Category: Criminal Law | Date: | Hits: 55
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ......ue; Advocate-on-Record-Respondent No. 1. Ex Parte—Respondent Nos. 2, 5, 6-17. Civil Appeal No. 27 of 1998. (From the judgment and order dated 28 July 1997 passed by the High Court Division in Civil Revision No. 1966 of 1991). ...... is also Reported in: 53 DLR (AD) (2001) 56. ...... The Code of Civil Procedure, 1908 (V of 1908) Order XXII rule 9 The suit as a whole had not been abated on account of death of one of the appellants during pendency of the appeal before pronouncement of the judgment of the app..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....ince then they have been possessing the same. But unfortunately; the said holding was illegally enlisted in the “Kha” list of abandoned buildings in the Bangladesh Gazette Extraordinary published on 23-9-1986. So they filed the aforesaid case before the Court of Settlement for exclusi......h;For the Petitioner. Not Represented— The Respondents. Civil Petition for Leave to Appeal No. 52 of 1995. (From the judgment and order dated 24-6-1993 passed by the High Court Division in Writ Petition No. 90 of 1988). &n...... (2001) 55 ...... Present: AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh....................... Petitioner Vs. Amela Khatoon and ors.............................Category: Property Law | Date: | Hits: 69
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......Advocate-on-Record—For the Respondents (In Criminal Appeal Nos. 30-31 of 1999). Criminal Appeal Nos. 18, 19, 30 and 31 of 1991. (From the Judgment and order dated 9-10th December, 1998 passed by the High Court Division in Criminal Appeal Nos. 687, 69......sp; Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......rsons after assaulting Nizam allowed him to go. They assaulted Ripon and took away his gold chain which was on his neck. Then they demanded Taka 10,000.00 from Ripon and on his refusal to pay the money accused Nantu brought accused Shamim from ‘Shawan Studio’ and two of the accused f..Category: Criminal Law | Date: | Hits: 72
Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
.... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ......n-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 638 of 1996. (From the judgment and order dated 27-8-1996 passed by the High Court Division in Civil Order No. 3504 of 1996). &n......e Court Appellate Division (Civil) Present: Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Moyenuddin Torafdar ......udhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Moyenuddin Torafdar (Md) & others.............................Petitioner Vs. Tamijuddin Milky and others........ ..............Category: Property Law | Date: | Hits: 49
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......ocate, instructed by Azra Ali, Advocate-on-Record — For Respondent No.1. Not Represented — Respondent Nos.2-10. Civil Petition for Leave to Appeal No. 820 of 1999. (From the judgment and order dated 24 June 1999 passed by the High Court Division in FA No. 366 of 1995). Judgment Bi......48....... Appellate Division (Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Islamic Foundation Bangladesh........... Petitioner Vs. Firoz Alam and others....................... Respondents Judgment August 12,..Category: Property Law | Date: | Hits: 107
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ...... Not represented—Respondent Nos. 1, 4, 6-8, 11-24. Civil Petition for Leave to Appeal No.765 of 1998. (From the Judgment and order dated 27-5-1998 passed by the High Court Division in First Appeal No.33 of 1990). &n...... The Specific Relief Act, 1877 ( I of 1877), Section 22 In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to delivery of possession and any trespasser in the suit property is liable to b......nbsp; Nurul Islam and others.................................... Petitioners ..Category: Property Law | Date: | Hits: 64
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ...... Mainul Hosein, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 40 of 2000. (From the Judgment and order dated 9-8-2000 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 2741 of 2...... Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ...... murder his liberty can be curtailed under section 497 of the Code of Criminal Procedure. As such violation of fundamental right cannot arise since “save in accordance with law” as mentioned in Article 32 of the Constitution not only refers to criminal law but also civil law which pr..Category: Criminal Law | Date: | Hits: 68
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ......ocate, instructed by Fokrul Islam, Advocate-on-Record — For the Respondent. Civil Petition for Leave to Appeal No.776 of 2000. (From the Judgment and order dated 31-5-2000 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.83 of 199....... ......y J Md. Gholam Rabbani J Md. Ruhul Amin J Secretary, Ministry of Establishment.................................. Petitioner Vs. A M Nurunnabi....................................Category: Administrative Law | Date: | Hits: 117
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......ting Chief Election Commission cannot authorize him, in the absence of authorization from the Commission it self, to exercise and perform any powers and functions under the Order. As such impugned order of the Acting Chief Election Commissioner is coram non judice…………&......01) 38. ......ssion is a composite body, an individual member can only act under section (article) 4 of the Order when he is authorised by the Commission itself. A verbal direction of the Chief Election Commissioner to an individual member to perform functions of his office in his absence as Acting Chief Elec..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......2. Md. Nawab Ali, Advocate-on-Record—For the Added Respondent Nos. 3-6. Civil Appeal Nos. 25, 26 of 2000. (From the judgment and order dated 12-5-1999 passed by the High Court Division in Writ Petition No. 2040 of 1998). ......Case is also Reported in: 53 DLR (AD) (2001)31. ...... Petition No. 2040 of 1998). Judgment Md. Ruhul Amin J.- These two appeals, one b) respondent Nos. 1-4 and other by respondent Nos. 5 and 6 of Writ Petition No. 2040 of 1998, ..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......; Not represented — The Respondent. Civil Petition for Leave to Appeal No. 498 of 1996 (From the judgment and order dated 14-7-1996 passed by the Administrative Appellate Tribunal in Appeal No.01 of 1995) ......bsp; Mahmudul Amin Choudhury J &n......sp; DG, Prisons & others...........Petitioners Vs. Md. Nasim Uddin.........Category: Administrative Law | Date: | Hits: 137
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ...... judgment dated 14-2-1999 of this Division made in Civil Appeal Nos. 41 and 42 of 1995 is founded on the statement that petition filed Civil Appeal Nos. 41 and 42 of 19 challenging the judgment and order of the High Court Division passed in Writ Petition Nos. 1617 of 1991 and 1454 of 1991 s......bsp; Mahmudul Amin Choudhury J &n......p; GM, Jamuna Oil Company Ltd................Petitioner Vs. Chairman, Labour Court...............Respondents ..Category: Labour and Industrial Law | Date: | Hits: 128
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
....therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......ld continue to take part in the affairs of the estate as joint Mutwalli in collaboration with the chief Mutwalli after making over his charge to the chief Mutwalli as there is no illegality in the order of making over charge. Lawyers Involved: Md. ...... ADC (Revenue), Dhaka & others............... Respondents Judgment February 27, 2000. The Waqfs Ordinance, 1962 (I of 1962), Section 43 The petitioner should conti......p; Kazi Ebadul Hoque J Mohammad Ali...................... Petitioner Vs. ADC (Revenue), Dhaka & others............... ..Category: Property Law | Date: | Hits: 47
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
.... in the Government records and they possessed the said property and there was no reason to include the said property in the ‘Ka’ list of abandoned buildings in the Gazette notification published on 23rd September, 1986 and such inclusion is without jurisdiction. The case was conteste......er Not represented — The Respondents. Civil Petition for Leave to Appeal No. 613 of 1996 (From the judgment and order dated 25-6-1996 passed by the High Court Division in Writ Petition No. 192 of 1991). ...... (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Governmen......bsp; Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Government of Bangladesh, represented by the Secretary Ministry of Works.......Petitioner Vs. Chairman, Court of Settlement and ot..Category: Property Law | Date: | Hits: 61
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....lation as far as practicable vis-a-vis the territorial unity and administrative convenience. Variation of population alone cannot be a ground to render invalid a report of the delimitation finally published…………………(8) La......p; Judgment AM Mahmudur Rahman J.- These petitions for leave to appeal by the writ-petitioners of Writ Petition Nos. 2259 and 1787 of 1998 are from a common Judgment and order dated 7-7-99 made in the Writ Petition No. 1787 of 1998 and accordingly these petitions are ...... Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Miah Lutfi Hossain Kasru and others...........................y Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Miah Lutfi Hossain Kasru and others................................ Petitioners Vs. Bangladesh represented by the Secretary Ministr..Category: Election Law | Date: | Hits: 111
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....swer scripts of the English I and II papers on 24.8.91 which showed that the respondent obtained 33 marks and 21 marks respectively in English I and II papers. On the basis of which the result was published. After the respondent applied for scrutiny of the concerned scripts it was found that the......7 of 1995). Judgment Mustafa Kamal J.- This petition for leave to appeal by the defendants is from the judgment and order of the High Court Division dated 23.2.95 passed in Civil Revision No. 127 of 1995 dischargin......6, 41, 47 DLR (AD) (1995) 167 ......al J Md. Abdur Rouf J Md. Ismailuddin Sarker J Board of Intermediate & Secondary Education, Rajshahi represented by its Chairman and another....................... Petitioners Vs. Md. Mirajul Alam............ Respondent Judgment ..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......9;on‑ Record‑ For the Appellants. Santi Ranjan Karmarkar, Advocate‑on‑Record ‑For the Respondent. Civil Appeal No. 10 of 1994 (From judgment and order dated 3rd November, 1993 passed by the High Court Division, Dhaka in First Appeal No. 802 of ...... Vs. Gopal Chandra Ghose..........................Respondent Judgment April 18th, 1995. Lawyers Involved: SR Pal, Senior Advocate instructed by Shamsul Haque Siddique, Advocate‑on‑ Record‑ For the Appellants. ......ting the caveat (filed by the respondent) and further directing him to follow the provisions as laid down in section 288 of the Succession Act, 1925. 2. Facts of the case, briefly, are that one late Dayal Chose the alleged testator died unmarried on 27.6.1990. He was survived by 5 brother..Category: Property Law | Date: | Hits: 67
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