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Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......l Petition for Leave to Appeal No. 967 of 1997. Judgment Mustafa Kamal J. - This 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....... Vs. Deputy Commissioner, Dhaka and another…...…Respondents Judgment November 16, 1997. Result: The petition is dismissed. Equity Intervention of the Deputy Commissioner in reinstating the incumbent through magistrate may have been outside of the framework of the statut...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Gazi Shamsul Hoque……………………………….........Petitioner Vs. Deputy Commissioner, Dhaka and another…...…Respondents Judgment Novemb..Category: Employment/Service Law | Date: | Hits: 115
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ......li, Advocate- on-Record— For the Petitioner. Sharifuddin Chaklader, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 478 of 1997. (From the judgment and order dated 25-2-1997 passed by the High Court Division in Civil Revision No. 2985 of 1994). Judg...... is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Sections 115 If the High Court Division is satisfied that the lower appellate court has failed to consider any material evidence in reversing a finding of fact arrived at by the trial court, the proper course is to sent back the ......Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Golam Sarwar (Md) & others…………Petitioners Vs. Md Liakat Ali and others........Respondents Judgment July 29, 1997. Res..Category: Property Law | Date: | Hits: 74
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ...... Advocate instructed by ANM Manjurul Hassan, Advocate- on-Record— For the Respondent No.1. Not represented—Respondent Nos. 2 and 3. Civil Appeal No. 29 of 1995. (From the judgment and order dated 23 February 1995 by the Administrative Appellate Tribunal passed in Appeal Nos. 58 of 19......……………….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 mis......cipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The penalty for corruption and misconduct calls for compulsory retirement or removal, dismissal from service under rule 4(5) and none else. The disciplinary authority with proper approval awarded him penalty of compulsory retireme..Category: Administrative Law | Date: | Hits: 145
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
....e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ......structed by Shamsul Haque Siddique, Advocate-on-Record — For the Appellant. Md. Nawab Ali, Advocate-on-Record — For the Respondent. Civil Appeal No. 66 of 1994. (From the judgment and order dated 17th January, 1994 passed by the High Court Division in First Miscellaneous Appeal No. 1...... Judgment June 12, 1997. Result: The appeal is dismissed. The Arbitration Act, 1940 (X of 1940), Section 30 The appellant cannot raise any objection to arbitration while it self submitting to arbitration not only once but twice before the learned subordinate judge, in that context pra...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Telegraph and Telephone Board …………………………Defendant-Appellant Vs. Lithi Enterprises Limited..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......corpus for custody of minor children Normally the minor children should be with their mother as long as she does not earn any disqualification for such custody and there is a breach of this normal order brought about by an unilateral act of the father or anybody on his behalf, the aggrieved mothe......thers………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as she does not ear......em, however began to deteriorate as soon as respondent No.1 received his British residency. She was often subjected to various kinds of abuse, both physical and mental, by respondent No. 1. The petitioner’s marital life was lived in a cycle of abuse, fending of assaults by respondent No. 1. The pe..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. ...... Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Not represented—Respondent Nos. 2-4. Civil Appeal No. 38 of 1996. (From the Judgment and order dated 23-2-95 passed by the High Court Division in civil revision No.577 of 1987). Judgment......Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment Feb......dismissed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The material evidence not being properly considered by the lower Appellate court as final court of fact, resulting in an erroneous decision, in that context the learned single Judge in his revisional jurisdiction rightly hel..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....fraudulent deed regarding the property. She never suspected that any fraudulent deed was obtained by her son defendant No. 2 nor she had any knowledge as to in whose name the record of right has been published. At the time when the record of right was going to be prepared in that area she came to kn......ion. ………………(10) Lawyers Involved Md. Nawab Ali, Advocate-on-Record—For the Appellants. Ex-parte — the Respondents. Civil Appeal No. 5 of 1993 (From the Judgment and order dated 27-2-92 passed by the High Court Division in Civil Revision No. 5913 of 1991(Dhaka), Ci......l J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Hasna Banu & others……………Defendant Appellant Vs. Keamat Ullah Malitha and others ……...Plaintiff-Respondents Judgment June 9, 1997. Result: The appeal is dismissed. The Limi......nd defendant No. 1 agreed to purchase the same at the highest market price and that the plaintiff went a Bheramara Sub-Registrar’s Office on her own will and that after receiving the consideration money she executed and registered the kabala. The suit is liable to be dismissed. 4. The trial Co..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. ......e-on-Record— For the Appellant. SS Halder, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondent. Civil Appeal No. 41 of 1996. (From the judgment and order dated 6 February 1994 passed by the High Court Division in Civil Order No. 653 of 1994). J......pal Kanti Das ……………………………….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 presumpt......f’s father was unable to pay the dowry the defendant left her behind at her father’s place never to take any further news of her or pay any maintenance for her. The defendant subsequently married one Rani Das of the district of Mymensingh. 3. The defendant resisted the claim pleading that th..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....luding pension rights) of that service; and (d) the discipline of the service.” 10. The Bangladesh Public Service Commission (Consultation) Regulations, 1979, shortly, the Regulations, 1979, published by a Notification dated 27-10-79 and framed by the President in exercise of the powers con......ons are dismissed. The Constitution of Bangladesh, 1972, Article 55 (4) and 133 (i) Notifications dated 10.10.91 and 4.12.1991 (constituting council committee for promotion) were issued under orders of the President, i.e. in terms of Article 55 (4) of the Constitution and have been issued un......Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others ………......…………………………………Respondents (In Civil Appeal Nos. 14, 15 & 16 of 1995) Shafiuddin Ahmed and 2 others ……………………………………………………..Petitioner (In Civil Petitions for Leave to Appeal Nos. 187, 206 & 207 of 1995) Vs. Bangladesh,..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ...... and others.......... Respondents Judgment March 20, 1997. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Article 102 The High Court Division vacated the order of stay granted earlier and refused to grant stay any further, the matter relating to dispute ......etition is dismissed. The Constitution of Bangladesh, 1972, Article 102 The High Court Division vacated the order of stay granted earlier and refused to grant stay any further, the matter relating to dispute between suspended Chairman and the acting chairman in respect of their performing the......Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Dr. Waliar Rahman…………………. Petitioner Vs. Bangladesh and others.......... Respondents Judgment March 20, 1997. Resu..Category: Others | Date: | Hits: 112
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......d- For Petitioners (In both the Petitions). Not Represented — the Respondents (In both Petitions). Criminal Petition for Leave to Appeal Nos. 134 and 135 of 1995. (From the Judgment and order dated 5-7-95 passed by the High Court Division in Criminal Appeal Nos. 1901 and 2023 of 1991).......ame calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Samad Sikdar @ Somed Sikder …...Accused Petitioner (In Criminal Appeal No.134 of 1995) Md Abdul Mannan Sikder …………….Accused Petition..Category: Procedural Law | Date: | Hits: 157
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. ......sed by the High Court Division is Criminal Revision No. 203 of 1991). Judgment Mustafa Kamal J. - The State as petitioner has preferred this petition for leave to appeal from the judgment and order of acquittal dated 4-5-95 passed by a learned Single Bench of the High Court Division in Crimi......int 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. ......ellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J State…………………….Petitioner Vs. Raihan Ali Khandker and others………………Respondents Judgment April 1..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. ......Sharifuddin Chaklader, Advocate-on-Record— For Respondent No. 4. Not Represented—Respondent Nos. 1-3, 5-10. Civil Petition for Leave to Appeal No. 392 of 1997 (From the judgment and order dated February 5, 1997 passed by the High Court Division, Dhaka in FMA No. 15 of 1996). Ju...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalendu Bikash Roy Choudhury J Islam Steel Mills Ltd……………………………………………….. Plaintiff-Petitioner Vs. Nirman International Ltd. and others ………………….Defendant-R...... CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalendu Bikash Roy Choudhury J Islam Steel Mills Ltd……………………………………………….. Plaintiff-Petitioner Vs. Nirman International Ltd. and others ………………….Defendant-Respondents ..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. ...... AR Yusuf, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record—For the Respondent No.1. Not represented—Respondent No. 2. Civil Appeal No. 6 of 1996 (From the judgment and order dated 27-11-94 passed by the High Court Division in Appeal from Original Order No. 80 of 1994)....... Result: The appeal is dismissed. The Bangladesh Bar Council Cannons of Professional Conduct and Etiquette. Chapter II, Clause 4 Respondent No. 1 committed professional misconduct by filing vokalatnama on behalf of the plaintiff as well as on behalf of his son defendant in the same sui......I, Clause 4 Respondent No. 1 committed professional misconduct by filing vokalatnama on behalf of the plaintiff as well as on behalf of his son defendant in the same suit. As in fact no harm was done to plaintiff respondent no. 2 the substitution of reprimand in place of debarring the respondent..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......ol authority as a witness with a prayer for issuance of summons to it. Another prayer was also made for local inspection. Both the prayers were heard together and the learned Subordinate Judge, by an order dated 28 October 1996, rejected the same. Being aggrieved defendant No. 3 moved the High Court......nesses 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 — For Petitioner. Not represented—The Re......ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mansur Ali Sikder……………... Petitioner Vs. Kanailal Banaajee & others…………………Respondents Judgment June ..Category: Property Law | Date: | Hits: 82
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......arcel of land measuring .49 acre owned by defendant No. 1. Jonab Ali who has his homestead thereon. The plaintiffs claim that defendant No. 1 who needed money for purchase of land at mouza Bangola in order to shift his homestead there from proposed to sell the same to them in the first part of the m...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moslemuddin (Md) and others…………………………..………………Appellants Vs. Md. Jonab...... 2. The subject matter of the suit is a parcel of land measuring .49 acre owned by defendant No. 1. Jonab Ali who has his homestead thereon. The plaintiffs claim that defendant No. 1 who needed money for purchase of land at mouza Bangola in order to shift his homestead there from proposed to se..Category: Property Law | Date: | Hits: 88
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......tructed by Mvi. Md Wahidullah, Advocate-on-Record- For the Petitioners. Not Represented—the Respondents. Civil Petition for Leave to Appeal No. 129 of 1997. (From the judgment and order passed by the High Court Division in Writ Petition No. 84 of 1992). Judgment Latif......997 BLD (AD) 321. ...... Rahman J Md Abdur Rouf J and BB Roy Choudhury J Al-Haj Abul Basher being dead his heirs Hosne-Ara Begum and others…..………………………………………………………..Petitioners Vs. Bangladesh and others……………….……………………………………..Category: Property Law | Date: | Hits: 81
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......rs of jurisdiction that the High Court Division enjoys, provided the matter is urgent. It is the urgency of the matter which gives jurisdiction to the Single Vacation Judge, who, if satisfied that an order of a regular Division Bench passed before the vacation has to be kept in abeyance during the p...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others……………….Respondents AM Agha Yousuf and ...... upto 2.1-91. 4. Both Mr. Khandaker Mahbubuddin Ahmed, learned Counsel appearing for the respondent-appellants in CA No. 3 of 1997 and Mr. H R Sharif, learned Counsel appearing for the writ petitioner-appellant in CA No. 2 of 1997, contend that the constitution given to the Single Vacation Judge..Category: Procedural Law | Date: | Hits: 138
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......ies so as to be entitled to retain their possession against their co-sharers till the legal partition by way of permanent injunction and hence the High Court Division was correct in setting aside the order of injunction passed by the Court below. Case Referred to- Moharram Ali vs. Mohammad ......Judgment January 22, 1997. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 56 The trial court as well as the court of appeal have not been able to find that the plaintiffs are in exclusive possession of a specific and separate share of the suit plo......tiffs and the decision was upheld by the learned Subordinate Judge, Chandpur in Title Appeal of No. 53 of 1986 preferred by the defendants. The unsuccessful defendants then preferred the above mentioned revision case. 3. Facts of the plaintiffs’ case, briefly, are these. One Abbas Miji was t..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......Judgment January 23, 1997. Result: The appeal is dismissed. Dismissal From Service Only the appointing authority is authorised in terms of rule 4(6) of the Rules of 1985 to pass the order of dismissal. The Director General could take all steps under the rules but to pass an order o......ellant Vs. Shahidul Islam and another …………………...Respondents Judgment January 23, 1997. Result: The appeal is dismissed. Dismissal From Service Only the appointing authority is authorised in terms of rule 4(6) of the Rules of 1985 to pass the order of dismi......l order including that the said dismissal order passed by the Director General of the Academy was without jurisdiction because the respondent was appointed by the Parishad of the Academy and it was alone competent to dismiss him and thus the order was violative of rule 4(6) of the Rules of 1986 whic..Category: Employment/Service Law | Date: | Hits: 145
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