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Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
.... Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. Government of Bangladesh and others…………………… Respondent ......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......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)
.... A M Mahmudur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… …………Petitioner Vs. Government of Bangladesh and others………………. Respondents Judgment&......e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ......e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ......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)
....¦â€¦â€¦Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Result: The appeal is partly allowed. The Constitution of Bangladesh, 1972, Article 134 Article 152(1) The judicial service is a service of the Republic......angladesh Civil Service (Judicial) officials perform a kind of work the nature and character of which is different and separate from others and on that ground and consideration re-fixed their present National Pay Scale, 1991, enhancing substantially their pay scale that was in force before 8-1-1994.......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......he basic pillars of the Constitution and cannot be demolished, whittled down, curtailed or diminished in any manner whatsoever, except under the existing provisions of the Constitution…….(57) Lawyers Involved: Mahmudul Islam, Attorney-General, instructed by Sharifuddin Chaklader, Advocat..Category: Constitutional Law | Date: | Hits: 829
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
....e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......publishing an article with an opinion on the subject matter is sub-judice and the Judge will desist from committing such an act in future. Case Referred to- 4 BLC (AD) 14. Lawyers Involved: Shamsuddin Ahmed, Advocate—For the Petitioner. Not Represented&mda..Category: Criminal Law | Date: | Hits: 63
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
.... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ...... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ...... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ......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)
....bsp; Islami Bank Bangladesh Limited………………….Appellant Vs. ......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......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)
.... Latifur Rahman CJ BB Roy Choudhury J M Amin Choudhury J Jihad Ahmed and others……………………Petitioners Vs. Bangladesh Power Development Board and others…………….. Respondent ...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ......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)
....atifur Rahman CJ Bimalendu Bikash Roy Choudhury J Kazi Ebadul Hoque J Abdur Rahim Chowdhury………………..Appellant Vs. Bangladesh Bank and others ……………….Respondents Jud......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. ......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. ......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)
....jurisdiction. In such a situation aggrieved party can always agitate the matter before the Election Commission. In support of his submission Mr. Faiz, placed reliance in the case of Nazir Ahmed vs. Bangladesh Election Commission & others reported in 41 DLR (AD) 87 wherein this Division has......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. ......he polling of all centres were held peacefully and there was no trouble at the time of counting of the ballot papers of the Chairman. But at the time of counting of ballot papers of the Members and Women candidates some unruly persons armed with deadly weapons entered into the polling station at ......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. ......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. ......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. ......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. ......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)
....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. ......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. ......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. ......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)
....y virtue of the provision of section 8(a) of the Criminal Law Amendment (Amendment) Ordinance, 1987 briefly “the Ordinance’ which came into force from the date of its publication in the Bangladesh Gazette on 20-1- 87, the learned Special Judge by his Order No. 50 dated 26-2-87, reviv......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......nal Special Judge had no authority to revive the case under the provisions of the Code of Criminal Procedure………………………(7) Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Md Aftab Hossain Advocate-on..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. ......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. ......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. ...... Order of transfer of a case ex parte without any notice to the parties or without calling for a report of the court concerned is an act of arbitrariness and absolutely wrong. Lawyers Involved: A Baset Majumder Senior Advocate, instructed by Mvi Md. Wahidullah, Advoc..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.......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.......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.......int cannot be rejected……………… (6) Cases Referred to- Sreemati Pushpa Rani Das vs. AKM Habibur Rahman & ors 13 BLD (AD) 217, Shahabuddin vs. Habibur Rahman, 50 DLR (AD) 99. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record ..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....rs Vs. Md. Abu Yousuf Mridha and others………….Respondents Judgment June 15, 1999. The Bangladesh Transfer of Immovable Property (Temporary Provision) Order, 1972 (President’s Orde......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. ......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. ......ovable 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 Involved: Md. Wahhab Miah, Senior Advocate, instructed by Md. Nawab Ali, Advocate-o..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. ...... 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. ...... 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. ......ame is not necessary. The plaintiff getting a decree of declaration of title and also declaration that the kabala is illegal and fraudulent, cancellation of the deed is not necessary. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-..Category: Property Law | Date: | Hits: 59
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
....tioner-company. On being aggrieved by this judgment of the Labour Court the petitioner moved the High Court Division under section 102 of the Constitution of the People’s Republic of Bangladesh and obtained Rule Nisi. But the same was subsequently discharged by the aforesaid judgme......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. ......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. ......ion…………….(4) Cases Referred To: Senior Manager, Dosta Textile Mills Ltd Ranirhat, Feni and ors vs Sudhansu Bikash Nath 40 DLR(AD) 45. Lawyers Involved: Shamsul Haque Siddique, Advocate-on-Record— For the Petitioner. ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....on (Civil) Present: Mustafa Kamal CJ BB Roy Choudhury J A MM Rahman J Mahmudul Amin Choudhury J Government of the People’s Republic of Bangladesh………………………...Petitioner .......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. .......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ......sp; Lawyers Involved: Md. Shahidul Alam Chowdhury, Advocate, instructed by Md. Aftab Hossain, Adv..Category: Constitutional Law | Date: | Hits: 164
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....hers…………………………………….Respondents Judgment November 21, 1999. The Constitution of Bangladesh, 1972, Article 103 A party should not be heard on a ground on which leave was not......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. ......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. ......hellip;…(9) Case Referred to- Idris Shaikh vs. Jilamon Bewa and others, 50 DLR (AD) 161, John E Brownlee vs. Vivian MacMillan, AIR 1940 PC 219 and 1975 SCMR. 16. Lawyers Involved: Subrata Choudhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on..Category: Property Law | Date: | Hits: 59
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