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Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
.... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ......r was challenged before the High Court Division in Writ Petition No. 749 of 1993; but it was summarily dismissed by the High Court Division by an order dated 12 May 1993. Petitioner is now seeking leave to appeal from this order of the High Court Division. 2. Mr. AK Badrul Huq, learn..Category: Election Law | Date: | Hits: 119
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
.... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ......ecord-For the Petitioners. Mainul Hosein, Advocate (Joynal Abedin, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Petition for leave to Appeal No. 12 of 1994. (From the Judgment and Order dated 6.12.93 passed by the Hig..Category: Others | Date: | Hits: 89
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ....... 56. Lawyers Involved: Asrarul Hussain, Senior Advocate Supreme Court, instructed by Mvi. Md. Wahidullah, AdvocateĀ-on-Record -For the Petitioner. Fazlul Huque, Advocate, (appeared with leave of the Court) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Civ..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......l Appeal No. 70 of 1990. (From the judgment and order dated June 7, 1988 passed by the High Court Division, Dhaka in Writ Petition No. 162 of 1985). Judgment MH Rahman J.- This appeal by leave, at the instance of the Government, is directed against the judgment and order dated June 7,19..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......f 1992. (From the Judgment and Order dated 24.3.1992 passed by the Administrative Appellate Tribunal in Appeal Nos. 81 of 1991 and 85 of 1991). Judgment ATM Afzal J.- These two appeals by leave, Civil Appeal No. 50 of 1992 by the Sonali Bank and Civil Appeal No. 51 of 1992 by the respond..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......if the Sessions Judge passed an illegal order under section 439A and the refusal of the High Court Division under section 561 A of the Code to interfere with that order of the Sessions Judge, would leave the petitioners without any remedy is sustainable in law. The Court having jurisdiction to ad..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......vision No. 2054 of 1993). Judgment: Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether the High Court Division has got power under section 561A of the Code ..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......cessary in Civil Petition No. 58 of 1992, filed by the requiring body, and, is accordingly disposed of. 16. The petitioners in writ petition before the High Court Division filed civil petition for leave to appeal No. 58 of 1993 on February 22, 1993. The petition is timeābarred by 354 days. On t..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ....... 46 of 1991. (From the judgment and order dated 29.5.1991 passed by the High Court Division in Appeal from Original Decree No. 7 of 1088). Judgment Shahabuddin Ahmed CJ.- This appeal by leave is from a judgment and decree of the High Court Division, dated 29 May 1991 in FA No. 7 of 198..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......on. 3. Mr. Golam Rabbani, the learned Advocate appearing for the appellants, submitted that in view of the undisputed position that the war of liberation intervened and the appellants had to leave the premises out of fear of life, and the premises were damaged by the Pak Army and the same..Category: Property Law | Date: | Hits: 79
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......mplain that the Corporation had no jurisdiction to pass the order of release. The High court Division accepted the contention and put him back in service. 2. The question raised in this appeal by leave is whether the High Court Division ought to have decided the case on the principle: 'Allegans ..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......ted July 7, 1991 the petitioner's application for review was rejected. The petitioner unsuccessfully challenged the two orders in his Writ Petition No. 64 of 1992. 2. The petitioner is now seeking leave against the impugned order dated January 19, 1992 of the High Court Division summarily rejecti..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......le any appeal therefrom. It appears from the judgment of this Court in these appeals, passed on 28.3.84, that the respondents' arguments on the admissibility of the petitioner's documents, on which leave was granted, were noted but no decision thereon was given and it was held by this Court that ..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ...... Dhaka and others……………… Respondent Judgment November 28th, 1993. Lawyers Involved: Md. Mohsin Rashid, Advocate (appeared with leave of the Court), instructed by MG Bhuiyan, Advocate-on-Record -For the Petitioner. Not ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......nds upon factual determination of certain question. He has also argued that a case in respect of this very question is still pending before the Administrative Tribunal. In these circumstances I would leave this question open. 32. In the result, all the Appeals are allowed; the judgment of the Hig..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ...... 1978. Judgment: Shahabuddin Ahmed J.- This appeal by special leave is from an order of acquittal passed by a Single Judge of the High Court Division on April 12..Category: Criminal Law | Date: | Hits: 61
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......al No. 27 of 1993. (From the Judgment and Order dated 9 December, 1992 passed by the High Court Division, Dhaka in Civil Revision No. 2112 of 1992.) Judgment ATM Afzal J.- This appeal by leave is from judgment and order dated 9 December, 1992 passed by a Single Judge of the High Court D..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ...... No. 3 of 1993. (From the Judgment and Order dated 2nd December, 1992 passed by the High Court Division, Dhaka in Criminal Revision No. 1663 of 1992.) Judgment ATM Afzal J.- This appeal by leave, by a distraught father, arises out of a proceeding for custody of his recalcitrant daughter, ..Category: Criminal Law | Date: | Hits: 68
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 .......6.90 passed by the High Court Division, Dhaka in Writ Petition No. 1677 of 1988.) Judgment: Mustafa Kamal J.- This leave petition by the writ petitioner is from the judgment and order of the High Court Division di..Category: Property Law | Date: | Hits: 77