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Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......ry of possession in a suit for declaration of title will end all pending controversies between the parties and will not amount to change in the nature and character of the suit…………….(9) Lawyers Involved: Akram Hossain Amin, Advocate-on-Record-For the Appellant. Shamsul Haque S..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... the name of their uncle Haji Abdullah who on several occasions promised to rectify the record but unfortunately, he could not do so as he was killed by the miscreants during the war of liberation of Bangladesh in 1971. Defendant No. 1 upon taking advantage of such wrong recording in the SA Khatian ...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ......licated title, without such relief, the suit cannot proceed. The lower appellate court has rightly held that the suit for mere declaration as framed is not maintainable.…………….(8 & 9) Lawyers Involved: Md. Fazlul Karim, Senior Advocate by Md. Nawab Ali, Advocate-on-Record —For t..Category: Property Law | Date: | Hits: 93
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
.... Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others......................vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......cal people and passing of such order is well within jurisdiction of the respondent………………………..(9) Case Referred to- Kazi Mohd Amirul Islam Vs. Bangladesh, 1996 BLD (AD) 110. Lawyers Involved: MA Wahhab Miah, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record F..Category: Employment/Service Law | Date: | Hits: 137
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......urning Officer in the election petition, though not contemplated under article 50, shall not render the election petition to be dismissed on ground of misjoinder…………………………(11) Lawyers Involved: Fazlur Rahman Khan, Advocate (appeared with the leave of the court) instructed..Category: Election Law | Date: | Hits: 168
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
.... of the High Court Division in Writ Petition No. 5101 of 1996 discharging the Rule Nisi and thereby affirming the impugned notification No. Spe: Aa: B I:(Ain)-32/96/205 dated 4-11-96 published in the Bangladesh Gazette on 21-11-96, appointing and recognising respondent No.1 Kyaw Sam Prue Chowdhury a......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......ion to have been made without lawful authority, all the more so, because government will also not deny that the susceptibilities of the tribal people should not be ignored………………..(29) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (SM Munir Advocate with him) ..Category: Civil Law | Date: | Hits: 203
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. ......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. ......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. ......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. ......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 â..Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....70. ......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. ......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)
....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. ......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. ......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. ......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)
....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. ......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. ......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. ...... 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)
....R (AD) (1998) 65. ...... 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. ...... 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. ...... 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)
....D) (1998) 63. ......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. ......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. ...... 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)
....………………….. Appellant Vs. Abdul Jalil and others………………………….. 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 c......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. ......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. ......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)
.... contradiction in paragraphs 4 and 5 of the plaint. But on perusal thereof we do not find any contradiction in the said two paragraphs. In paragraph 4 it is stated that defendant Nos. 1-2 returned to Bangladesh in 1972 and they accepted Taka 1500.00 from the plaintiff and in total they received 9,50......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. ......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)
.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......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. ......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. ......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. ......in law and observance of essential ceremonies even though every aspects of the elaborate program of the ceremonies such as saptapadi are not strictly observed…………………(17, 18 & 19) Lawyers Involved: SR Karmakar, Advocate-on-Record— For the Appellant. SS Halder, Senior Ad..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....1998) 27, 3 BLC (AD) 6. ......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......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)
....il) 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. Result: The petiti......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. ......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. ...... 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
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. ...... 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. ...... 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. ...... the occurrence cannot be disbelieved on the ground that they were not disinterested witnesses when their examination in chief could not be shaken in cross-examination by the defence……….(7) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Re..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. ......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. ......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
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