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Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)

....inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......, 1908 (V of 1908) Or. XI r.1 Interrogatories may be delivered only with the leave of the Court and it is in the discretion of the Court to grant or not to grant leave…………………..(2) Lawyers Involved: Md. Abdus Sobhan, Advocate, instructed Nawab Ali, Advocate-on-Record — For ..

Category: Civil Law | Date: | Hits: 137

Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)

....etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......rred to- AZM Khalilur Rahman vs. Md. Syed Hossain and others, 25 DLR 485, Mir Golam Kibria vs. Raja Promatha Bhusan Deb Roy, 39 CWN 586 and Kamta and another vs. Gaya Prashad, AIR 1972 All 143. Lawyers Involved: AJ Mohammad Ali, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record �..

Category: Property Law | Date: | Hits: 77

Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)

....the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......g the suit property as vested property, plaintiffs prayer for title and the relief sought for declaration that the suit property is not vested property, cannot be denied……………(4 & 5) Lawyers Involved: Md. Shahidul Alam Chowdhury, Advocate instructed by Md. Aftab Hossain, Advoca..

Category: Property Law | Date: | Hits: 73

Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)

....petition for leave to appeal by the writ petitioner of Writ Petition No.1799 of 1994 is from the judgment and order dated 30-7-97 passed by a Division Bench of the High Court Division discharging the Rule Nisi. 2. The writ petitioner as the Member- Secretary of the Shahid Manik Adarsha Balika B......te but since it was not exercised in perpetration of an illegality but in establishing the legal right of respondent no. 2, the Appellate Division is not inclined to interfere…………….(7) Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain Advocate-o..

Category: Employment/Service Law | Date: | Hits: 115

Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)

....dur Rouf J. - This petition for leave to appeal by the defendant-petitioners is from the judgment and order dated 25-2-1997 passed by a learned Single Judge of the High Court Division discharging the Rule in Civil Revision No. 2985 of 1994 preferred against the judgment and decree dated 28-8-94 pass...... the interest of justice, the High Court Division may also consider the evidence which were not considered by the lower appellate court to uphold its judgment. ……………………………(6) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Md Nawab Ali, Advoc..

Category: Property Law | Date: | Hits: 74

Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)

....�….Appellant Vs. AM Mansur Ahmed & others………….. Respondents Judgment May 4, 1997. Result: The appeal is allowed. The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The penalty for corruption and misconduct calls fo...... with proper approval awarded him penalty of compulsory retirement. The tribunals below had no reason to take further lenient view of imposing the penalty and reducing the punishment………(8) Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by Shamsul Haque Siddique,..

Category: Administrative Law | Date: | Hits: 145

Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)

.... lists submitted by the respective parties. 5. The appellant took a revision, Civil Revision No.63 of 1992 to the High Court Division against the said order of the Subordinate Judge and obtained Rule and an order of stay on 5-1-1992. 6. The Rule was ultimately discharged and a petition for...... ground for setting aside the award but as because no such plea has been raised before the subordinate judge, any allegation of misconduct is not tenable at this stage……………………(14) Lawyers Involved: Akhtar Imam, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record..

Category: Alternative Dispute Resolution | Date: | Hits: 234

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....appeals by leave arise out of the same judgment and order dated 30 August 1995 passed by a Division Bench of the High Court Division in Writ Petition Nos. 1582, 1583, 1584 and 1585 of 1995 making the Rules absolute in the first three cases and discharging the same in the last case. 2. Admittedly......QBD 232; Walter vs. WaIter 55 Cal 730; Saraswathi vs. Dhanakoti 48 (Mad) 299; Ayesha Khan vs. Major Sabbir Ahmed, 46 DLR 399, Goher Begum vs. Suggi AIR 1960 (SC) 93, lmtiaz Banu AIR 1979 (All) 25. Lawyers Involved: Ozair Farooq, Advocate-on-Record —For the Appellants (In Civil Appeal Nos. 56..

Category: Family Law | Date: | Hits: 250

Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)

....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ...... the lower Appellate Court on surmise and conjectures disbelieved the unregistered agreements which were proved by reliable and cogent evidence and confirmed the judgment of the trial court. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate–o..

Category: Property Law | Date: | Hits: 86

Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)

....udgment and decree dated 27th February,1992 passed by a learned Single Judge of the High Court Division in Civil Revision No. 5913 of 1991 (Dhaka), Civil Revision No. 200 of 1984 (Jessore) making the Rule absolute after setting a judgment and decree passed by the Subordinate Judge, Kushtia in TA No......petuated on the mother, the question of limitation will run from the date of knowledge of the impugned deed of sale and consequently the suit cannot be barred by limitation. ………………(10) Lawyers Involved Md. Nawab Ali, Advocate-on-Record—For the Appellants. Ex-parte — the Re..

Category: Procedural Law | Date: | Hits: 154

Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)

....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ...... ……………………………….Appellant Vs. Monju Rani Das ………...Respondent Judgment July 22, 1997. Result: The appeal is dismissed. Marriage according to Hindu Law Once celebration of a marriage in fact is established, there shall be a presumption of there ..

Category: Family Law | Date: | Hits: 212

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

.... Civil Petition for Leave to Appeal Nos. 187, 206 and 207 of 1995. Judgment Mustafa Kamal J.- In these three appeals the majority of a Special Bench of the High Court Division while making the Rules Nisi absolute in Writ Petition Nos. 2738 of 1992 and 3193 of 1992 and allowing the application......hmir, AIR 1984 (SC) 1056; Anzar Ahmed vs. State of Bihar, (1994) 1 SCC 150; Indian Airlines Corporation vs. Captain KC Shukla (1993) 1 SCC 17; Santosh Kumar vs. Union of India, AIR 1987 (SC) 386. Lawyers Involved: K S Nabi, Attorney-General, A W Bhuiyan, Additional Attorney-General with him i..

Category: Constitutional Law | Date: | Hits: 185

Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)

....ishad PS Chitalmari, District Bagerhat, was suspended by the Government by an order dated 1-12-96. He filed writ petition No. 66 of 1977 on 2-1-97 challenging the said order of suspension whereupon a Rule Nisi was issued and stay of the impugned order was also granted. 2. It appears that responde...... of their performing the functions. Appellate Division generally does not interfere with such order passed by the High Court Division in exercise of discretion unless to prevent a perverse order. Lawyers Involved: Jamiruddin Sirker, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate..

Category: Others | Date: | Hits: 112

State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)

....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......rightly found by the High Court Division that it was unsafe to proceed against the accused persons on uncorroborated opinion of handwriting and finger print expert………………………..(8) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Shaifuddin Chaklader, Advocat..

Category: Procedural Law | Date: | Hits: 120

Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)

.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......�……………….(12) Cases Referred to- Md. Iman Ali vs. Mir Abdus Salam, 1988 BCR (AD) 125, Khurshid Anwar vs. Jamil Akhter, 1986 BLD (AD) 83, Unimarine SA Panama 31 DLR (AD) 112. Lawyers Involved: Rafique ul Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-..

Category: Procedural Law | Date: | Hits: 134

Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)

....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......tiff respondent no. 2 the substitution of reprimand in place of debarring the respondent no. 1 for 5 years as punishment is adequate in the facts and circumstances of the case……………..(15) Lawyers Involved: AY Moshiuzzaman, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Rec..

Category: Others | Date: | Hits: 105

Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)

.... Kanailal Banaajee & others…………………Respondents Judgment June 26, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XVI Rule 1 If prayer for issue of summons to witnesses not bona fide or it is an abuse of process of ......le 1 If prayer for issue of summons to witnesses not bona fide or it is an abuse of process of the Court, it will not be unlawful for the Court to refuse such a prayer for issuance of summons. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record —..

Category: Property Law | Date: | Hits: 82

Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)

....ersed and the suit decreed by the learned Additional District Judge, Fourth Court, Dhaka. The aggrieved defendant then filed revisional application being Civil Revision No. 372 of 1984 and obtained a Rule. A learned Single Judge of the said court, by his judgment and order dated 3 June 1991 set asid...... High Court Division was justified in interfering with the judgement of the appellate court…………(8) Case Referred to- Ouseph Varghese Vs. Joseph Aley, (1969) 2 SCWR 347. Lawyers Involved: Miah Abul Gofur, Advocate-on-Record — For the Appellants. Sye..

Category: Property Law | Date: | Hits: 88

Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)

....an J.- This petition for leave to appeal is against the judgment and order dated 19th June, 1996, passed by a Division Bench of the High Court Division in Writ Petition No. 84 of 1992 discharging the Rule. 2. The petitioners who are owners/co-sharers of an area of 5.79 acres of land in Mouza Chan......land. Since no legal right has accrued in favour of the petitioners by mere Inter-Ministerial Communications the petitioners cannot have any legal right to ask for return of the land………..(5) Lawyers Involved: Abdur Razzaq, Advocate, instructed by Mvi. Md Wahidullah, Advocate-on-Recor�..

Category: Property Law | Date: | Hits: 81

Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)

....��………………….Appellants Vs. ASF Rahman and others…………………………………….Respondents Judgement July 31, 1997. Result: The appeals are dismissed. Rules of the High Court Division, Chapters II & III of Part 1 (Volume 1) A single judge of t...... be kept in abeyance during the period of vacation in view of the urgency of such interference, can exercise such jurisdiction which will not be without jurisdiction and void ab initio…….(10) Lawyers Involved: HR Sharif Advocate, instructed by Md Sajjadul Huq, Advocate-on-Record— For t..

Category: Procedural Law | Date: | Hits: 138

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