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Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......the writ petition mainly on the ground that it was not maintainable in view of Article 117(2) of the Constitution. 6. The learned Judges of the High Court Division discharged the Rule Nisi holding that the writ petition was barred under Article 117(2) of the Constitution. 7. Invi..Category: Constitutional Law | Date: | Hits: 151
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ...... High Court Division is misconceived and that the learned Magistrate who conducted the TI Parade not having been examined the learned Judges of the High Court Division committed an error of law in holding petitioners guilty and that the petitioners ought to have been acquitted. 6. From p..Category: Criminal Law | Date: | Hits: 64
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....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. ......nt and in the absence of any prohibition in varying terms and conditions of service and particularly in view of the provisions of Article 136 of the Constitution, the High Court Division was wrong in holding that imposition of conditions in Annexure F(1) in respect of judicial officers in without la..Category: Constitutional Law | Date: | Hits: 829
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. ......ading to filing a revisional application by defendant Nos. 8 and 9 in the High Court Division and the High Court Division issued a Rule which on contest was made absolute by a learned Single Judge holding that section 32 of the Arbitration Act, 1940 bars a suit challenging the validity of an awa..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....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. ......l Procedure is applicable to the proceeding of Artha Rin Adalat to the extent it is not inconsistent with a contained in the Artha Rin Adalat Ain and as such High Court Division acted illegally in holding that Order 9 rule 9 of the Code is not applicable in a case under the Ain. 12. Sub..Category: Business or Commercial Law | Date: | Hits: 104
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. ......from judgment and order dated 10-7-97 passed by a Division Bench of the High Court Division discharging the Rule Nisi obtained by the appellant A Rahim Choudhury in Writ Petition No. 5764 of 1996 upholding the order of respondent No. 1. Bangladesh Bank dated 22-12-96 directing the appellant to r..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
.... Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 26 When the election process is still on, the High Court Division ought not to have interfered with the matter on a disputed and controversial fact and resolved them on mere affidavits. High Court Division has excee......d not announce the result of counting of ballots and there having been clear violation of Rule 39 of the Election Rules, the returning officer rightly and in accordance with law recommended for holding re-election at the disputed centre, which report the District Election Officer in the disc..Category: Election Law | Date: | Hits: 110
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....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. ...... trial and accordingly obtained a Rule in Criminal Revision No. 1236 of 1991. By the impugned judgment and order dated 22nd May, 1995 a Division Bench of the High Court Division discharged the Rule holding, inter alia, that the proceeding in question having been stopped under section 339C(4) Cod..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. ......thological disposition for passing such summary orders, which is absolutely wrong. A similar order passed in another case came before us and we set aside the same in Criminal Appeal No. 24 of 1998 holding that such a violative order cannot be legally sustained. 3. While we express our e..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........ Md. A Kader Munshi…………….. Plaintiff-Respondent Judgment January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which n..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. ......ble Property (Temporary Provisions) Order, 1972 (President’s Order No. 142 of 1972), the Government was a necessary party to the suit, but the High Court Division committed an error of law in holding that the suit was not bad for non-joinder of party. 5. The object of the President..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....uly 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the disputed property and in writ jurisdiction the High Court Division is not debarred to comment on ti.......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ..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. ......gust 1996 which was beyond the time mentioned in the order. The ground of late deposit was that the defendant was not aware of the order. The appellate Court, however, refused to accept the deposit holding that the order for deposit was passed in the open court and so there was no scope for exte..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
....t the pre-emptor is a co-sharer of the land. 3. The pre-emptee contested the cases stating that respondent Nos. 2-4 got saham in Partition Suit No. 36 of 1975 and they sold the same by the disputed three sale deeds and thereafter the pre-emptee got his name mutated and also spent a subst......spent a substantial amount of money for improvement of the case land. Hence the pre-emptor is not a co sharer. 4. The trial Court dismissed the three pre-emption cases by a common judgment holding that in view of the final decree passed in Title Suit No. 36 of 1975 (Partition suit) the ..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.
......oyer and employee exists between them. Such employees are deemed to be the employees of the management. He also submits that the High Court Division upon a misconception of both law and fact erred in holding that the contractors’ workers are all casual workers and thus debarred from being enlisted..
Category: Labour and Industrial Law | Date: | Hits: 163
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
....ulting in the filing of this petition for leave to appeal. 3. It was contended by Mr. NH Khandaker that in view of the pendency of the appeals and the petitioner being in possession in the disputed property the High Court Division fell in error of law in not noticing that the possession ...... 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. ..Category: Property Law | Date: | Hits: 87
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ......resolution. As such the Rule Nisi was made absolute. 6. Mr. M Nurullah, learned Counsel for the respondent-petitioners, submits that the High Court Division was not well grounded in law by holding that the impugned resolution is a censure of the respondent within the meaning of Paragrap..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. ......placed on T I parade immediately after their arrest and so is the case with Fatu alias Atowar Hossain. So this T I parade has become doubtful on two counts, firstly there is an inordinate delay in holding T I parade and secondly there was chance for PW 1 to see the accused persons in Court lock ..Category: Criminal Law | Date: | Hits: 92
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....ssion against the respondent. In this context, the appellants served a show cause notice on 9-2-94 and cancelled the respondent’s licence on 26-2-94. 20. From the facts as aforesaid which we not disputed it is found that the appellants found fault with the respondent for not solving the problem......ent against the appellants. 2. The respondent’s case in the writ petition was that he carries on business of export of manpower to different countries as proprietor of Metropolitan International holding licence for the purpose issued by the Government under the provision of the Emigration Ordin..Category: Constitutional Law | Date: | Hits: 192
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......0. There has been claim and counter-claim between the parties and admitted money suits hart been filed by each of them which are pending It cannot be said that the High Court Division was wrong in holding and acting on the premises that the dispute between the panics arising out of a joint work ..Category: Criminal Law | Date: | Hits: 93
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