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Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......or that the said opinion was fanciful. There was no requirement of any satisfaction but to form an opinion under the proviso to section 46 (2) of the Act. So there is no illegality in the impugned order………………………(9 & 12). ......p;……..Appellant Vs. Bangladesh Bank and others ……………….Respondents Judgment February 8, 2000. The Banking Companies Act, 1991 (XIV of 1991), Section 46 In view of the inspection report and recom....... After considering the report recommendation of the Standing Committee Court Division observed as follows: “The said report after discussing alleged irregularities committed by petitioner made the following recommendation for consideration by the Governor of Bangladesh Bank. ..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ...... Appellant. MA Hannan, Senior Advocate, instructed by Md. Ataul Huq, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 78 of 1998. (From the Judgment and order dated 9th June, 1998 passed by the High Court Division in Will Petition No. 44 of 1998). ...... Supreme Court Appellate Division (Civil) Present: Md. Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Jamshed Ali ……………………......tely made absolute. 3. Leave was granted at the instance of the present appellant to consider the following: “Mr. AKM Faiz, the learned Advocate appearing for the petitioner submits that before completion of counting of votes one chairman candidate namely, Haji Ajman..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. ......s Sobhan, Advocate (Kh. Saiful Haque, Advocate with him) instructed by Md. Nawab Advocate-on-Record—For the Respondent No. 1 Criminal Appeal No. 4 of 1998. (From judgment and order dated 25 March 1998 passed by the High Court Division Criminal Miscellaneous Case No. 1259 of...... the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ...... of the order of the High Court Division in spite of the order of stay of the impugned order passed by this Division on 1-4-98 which was communicated to the Personal Assistant of the Deputy Commissioner, Narayangonj on 2-4-98 by the father of girl. However, while granting leave to appeal on 3rd ..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. ...... accused persons detained the victim near a pond of one Moher Hazi and accused petitioner No. 2 Abdul Malek ran to the nearby Nasirabad High School of Palashtoli, whereupon accused petitioner No. 1 ordered to kill the deceased. The accused persons took deceased Hafizuddin Sarker on the bank of r...... the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Khaleque Master and others…………Accused Petitioners Vs. State…………..Respondent Judgment November 23, 199..Category: Criminal Law | Date: | Hits: 61
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
....da Saha, not the defendants. 6. Second submission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ......sh; For the Petitioners. Md. Aftab Hossain, Advocate-on-Record — For the Respondent No. 1. Civil Petition for Leave to Appeal No. 132 of 1998. (From the judgment and order dated 19-5-1997 passed by the High Court Division in Civil Revision No.2385 of 1996). J......Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Qaiyum Khan and Others………….Petitioners Vs. Sudarshan Singh and others……………..Respondent Judgment &n......ent: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Qaiyum Khan and Others………….Petitioners Vs. Sudarshan Singh and others……………..Resp..Category: Civil Law | Date: | Hits: 127
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....visions of the said Ordinance was made an Act of Parliament viz. The Criminal Law Amendment (Amendment) Act, 1987 (Act XIII of 1987) which came into force retrospectively with effect from 20-1-87 (published in the Bangladesh Gazette on 1-4-87). Section 9 thereof having saved the action of reviva......upon an application filed by the public prosecutor, the learned Trial Judge on 6- 8-90 again revived the case under section 339D, Code of Criminal Procedure. 2. Being aggrieved by the last order of revival, the appellant moved the High Court Division for quashing the proceeding against h......nd the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......lip;………………(7) Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Md Aftab Hossain Advocate-on-Record— For the Petitioner. Ex-parte — Respondent. Criminal Appeal No. 11 of 1995. Judgment ..Category: Criminal Law | Date: | Hits: 59
Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)
....t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......0 of 1999. Judgment: ATM Afzal CJ.- This petition (barred by 27 days which is condoned) by the accused-petitioner arises out of yet another deprecatory order passed by Division Bench of the High Court Division transferring Sessions Case No. 83 of 1998......ingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ...... Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Moslem Uddin (Md)…………………………Petitioner Vs. State and another……………...Respondent ..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......ner. Abdus Salam Khan, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal No. 1228 of 1999. (From the judgment and order dated 10-8-1999 passed by the High Court Division, Dhaka in Civil Revision No. 4687 of 1998). ......il Revision No. 4687 of 1999, Here. Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahbubul Haque (Md.)………………. Defendant No.1-......tifur Rahman CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahbubul Haque (Md.)………………. Defendant No.1- Petitioner Vs. Md. A Kader Munshi…………….. Plaintiff-Respondent Judgment January..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ...... Ali, Advocate-on-Record — For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 969 of 1998. (From the judgment and order dated 20 November, 1997 passed by the High Court Division in Civil Revision No. 1040 of 1992)......p; June 15, 1999. The Bangladesh Transfer of Immovable Property (Temporary Provision) Order, 1972 (President’s Order No. 142 of 1972), Article 6 Non-joinder of party in a suit should be raised at the earliest opportunity. Lawyers Involve...... Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abul Qayum Khan and others……………Petitioners Vs. Md. Abu Yousuf Mridha and others………….Respondent..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ......ord — For the Petitioners. Miah Abdul Gafur, Advocate-on-Record — For the Respondent. Civil Petition for Leave to Appeal No. 445 of 1997 (From the judgment and order dated 6-3-1997 passed by the High Court Division in Civil Order No. 992 of 1997. Judgm......bsp; June 7, 1999. The Specific Relief Act, 1877 (I of 1877), Sections 39 and 42 The Limitation Act, 1908 (IX of 1908), Article 91 The plaintiff not being a party to the kabala, prayer for cancellation of the same is not necessary. The p...... Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Momtaz Begum & others………………..Petitioners Vs. Md. Masud Khan…….………..Respondent ..Category: Property Law | Date: | Hits: 59
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
....ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......Islam, Advocate-on-Record — For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 779 of 1998. (From the judgment and order dated 3-5-1998 passed by the High Court Division in Writ Petition No. 1419 of 1990. Ju......rt Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A MM Rahman J Mahmudul Amin Choudhury J Pioneer Garments Limited represented by its Managing Director…&hellip......sion (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A MM Rahman J Mahmudul Amin Choudhury J Pioneer Garments Limited represented by its Managing Director……………..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....een the parties. Thereafter, the properties of Bhawal Raj Estate were sold to different persons including the predecessors- in-interest of the writ-petitioner-respondent. The SA record was finally published in the names of the predecessors-in-interest of the writ-petitioner-respondent in 1963. S......li, Advocate-on-Record—For the Respondent No. 1. Not represented — Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 35 of 1998. (From the judgment and order dated 14 August, 1997 passed by the High Court Division, in Writ Petition No. 3165 of 1997). ...... ...... A MM Rahman J Mahmudul Amin Choudhury J Government of the People’s Republic of Bangladesh………………………...Petitioner Vs. East West Property Development Private Ltd & others……&hellip..Category: Constitutional Law | Date: | Hits: 164
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......ed by Md. Aftab Hossain, Advocate-on-Record — For the Respondent No. 1. Not represented — Respondent No. 3. Civil Appeal No. 28 of 1999. (From the judgment and order dated 20 July 1998 passed by the High Court Division in Civil Revision No. 3453 of 1996). ...... Supreme Court Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Sanaullah Khan (Md)……. …………&hellip......dated 8 July 1996, he allowed the appeal with a cost of Taka 1000.00 and sent back the case on remand to the trial Court with a default clause. 3. The defendant sought to deposit the cost money of Taka 1000.00 on 10 August 1996 which was beyond the time mentioned in the order. The groun..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......n for Leave to Appeal No.36 of 1995). Judgment Latifur Rahman J.- This appeal by leave by the pre-emptee appellant by way of review is against the judgment and order passed on 18-1-96 in Civil Petition for Leave to Appeal No. 36 of 1995 dismissing the leave p......41. ......Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), Section 24(11) In a suit for partition, after filing of the report along with the case map, field book, saham list by the Advocate Commissioner final decree takes effect and thereafter remains nothing to be done. Passing of the fi..Category: Property Law | Date: | Hits: 57
....5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
...... represented — Respondent No. 2.
AW Khandker, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record — For the added party.
Civil Appeal No. 80 of 1997.
(From the judgment and order dated 7 July, 1996 passed by the High Court Division in Writ Petition No. 2109 of 1995).
J......s Union………………….Appellant
Vs.
Karnaphuli Paper Mills Ltd. Employees Union & another…………..Respondents
Judgment
January 22, 1998.
The Industrial Relations Ordinance, 1969 (XXIII of 1969), Section 2(xxviii)
The casual labourers supplied by the contractors ......t the labourers employed by the contractors were the workers of KPM.
6. The learned Judges of the High Court Division considering Annexure “G” to the supplementary-affidavit of the writ petitioner where terms and conditions of the contractors’ workers were enumerated came to the conclusion..
Category: Labour and Industrial Law | Date: | Hits: 163
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
.... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ......b Ali, Advocate- on-Record — For the Petitioners. Not Represented — The Respondents. Civil Petition for Leave to Appeal No. 904 of 1997. (From the judgment and order dated 22-06-1997 passed by the High Court Division in Civil Revision No.1798 of 1994). ...... others ………….. Respondents Judgment August 23, 1998. The Constitution of Bangladesh, 1972, Article 103(3) Consideration of evidence afresh on a point missed by the petitioner is not a good point for granting leave……..(4) ......l CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Narayan Chandra Das and others…………..petitioners Vs. Abdur Jabbar Dewan and others ………….. Respondent..Category: Property Law | Date: | Hits: 73
Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)
....rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ......dant No. 17 “Ka” of Title Suit No. 188 of 1970 (Partition) of the Court of Subordinate Judge, First Court, Barisal has preferred this petition for leave to appeal from the judgment and order dated 8-5-97 passed by a Single Bench of the High Court Division dismissing Secon......………….Petitioner Vs. Saju Bibi and others …………..Respondents Judgment July 29, 1998. Suit for Partition Common interest of the parties Whenever all the parties in the suit for partition have no common......Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury Abdul Kader Khalifa……………….Petitioner Vs. Saju Bibi and others …………..Respondents Judgment ..Category: Property Law | Date: | Hits: 51
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
.... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ...... dated 19-11-98 passed by the High Court Division in Civil Revision No. 3536 of 1998). Judgment: AM Mahmudur Rahman J.- By this petition the petitioner seeks an order for leave to appeal from the judgment and order dated 19-11-98 of the High Court Division dis......ellip;…Respondent Judgment February 7, 1999. The Code of Civil Procedure, 1908 (V of 1908), Order XXI rule 26 Pendency of a suit for specific performance of contract in respect of the premises in which the respondent obtained a decree for ejectment against the peti...... Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Hazera Khatun ………………..Petitioner Vs. Dr. Md. Enayetullah………………Responden..Category: Property Law | Date: | Hits: 87
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....r along the audit report. The Vice Chancellor in his turn forwarded the bill with his signature thereon to the Director of Accounts on 26.12.93. On 27-12-93 a daily called “Ajker Kagaj” published a news under the heading “Corruption of Teacher of Dhaka University Admission fee ...... Division in Writ Petition No. 456 of 1994). Judgment Mustafa Kamal J.- This petition for leave to appeal by the respondent-petitioners is from the judgment and order dated 11-1-95 passed in Writ Petition No. 456 of 1994 by a Division Bench of the High Court D...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J University of Dhaka and another…………………. Petitioner vs. Professor AK Monwaruddin Ahmed………………….Respondent Judgment Februa......bsp; Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J University of Dhaka and another…………………. Petitioner vs. Professor AK Monwaruddin Ahmed………………&helli..Category: Constitutional Law | Date: | Hits: 201
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ...... B Hossain, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate- on-Record — For the Respondent. Criminal Appeal No. 25 of 1998. (From the judgment and order dated 26th April,1998 passed by the High Court Division in Criminal Revision No. 444 of 1992......ith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......ejected. The appellants then moved the Appellate Division and leave was granted to consider only the following point- “Mr. Serajul Haque, learned Advocate for the accused petitioners submits that before the TI parade the accused-petitioners were brought six times before the ..Category: Criminal Law | Date: | Hits: 92
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