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Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)
....d. Gholam Rabbani J Md. Ruhul Amin J Habibur Rahman Khan (Md)...................................... Petitioner Vs. Bangladesh, represented by the Secretary & other....... Respondents Judgme......iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ......AK Mujibur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1159 of 1999. (From the judgment and order dated 21 Ap......iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ..Category: Employment/Service Law | Date: | Hits: 71
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
....; Government of Bangladesh and others............................. Petitioners Vs. &nbs....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ......ril 29, 2001. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10 Dismissal of the case for default of the petitioner by not deciding the case on merit is illegal and without lawful auth....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ..Category: Property Law | Date: | Hits: 57
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
.... and others......................................... Respondents Judgment May 30, 2001. The Constitution of Bangladesh, 1972, Article 102 The Union Parishad (Election) Rules, 1983, Rules ......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......) Rules, 1983, Rules 39(4) Where the contesting candidates or their agents are not present the presiding officer is not debarred from counting of votes and prepare statement in form “K” and such preparation of the statement without signature of the candidate or hi......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ..Category: Election Law | Date: | Hits: 124
....ner
Vs.
Court of Subordinate Judge and Artha Rin Adalat and others.................. Respondents
Judgment
June 3, 2001.
Result:
The petition is rejected.
The Constitution of Bangladesh, 1972, Article 103
The terms and conditions of compromise are the matters of evidence......fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......
Result:
The petition is rejected.
The Constitution of Bangladesh, 1972, Article 103
The terms and conditions of compromise are the matters of evidence and such matter may be agitated before the trial court for adjudication with liberty to adduce evidence.
Lawyers Involved:
Ro......fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
..
Category: Civil Law | Date: | Hits: 109
Shahanara Khatun and other Vs. Abu Taleb Pramanik and others, 2001, 30 CLC (AD)
.... January 14, 2001. The Constitution of Bangladesh, 1972, Article 103 The miscellaneous case was filed to delay the di......ned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 90. ......or the Petitioners. Firoj Shah, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 771 (From the Judgment and order dated 11-5-2000 pass......ned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 90. ..Category: Property Law | Date: | Hits: 51
Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)
.... Anowar Hossain and others......................Respondents Judgment February 22, 2001. The Constitution of Bangladesh, 1972, Article 105 The petitioner intends a re-hearing of whole mat......a situation we find no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89. ......nted—Respondent Nos. 2-5. Civil Review Petition No. 33 of 2000. (From the judgment and order dated 25-4-2000 passed by this Division in Civil Petition for Leave to Appeal No. 1218 of 1999). Judgment &nb......a situation we find no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89. ..Category: Constitutional Law | Date: | Hits: 141
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....p; 3. The minority share holder holds 28,860 shares out of 1,47,816 shares issued by the respondent company namely, United Food Complex Ltd. The respondent No. 1 company was granted loan by Bangladesh Shilpa Rin Sangstha (BSRS), Investment Corporation of Bangladesh (ICB) and 5 other Comme...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... The Companies Act, 1994 (XVIII of 1994), Section 233 The Companies Act, 1994 has given wider power to the Court under section 233 for the protection of the interest of the minority share holders. The High Court Division passing t...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
State Vs. Abu Musa @ Musaya @Shapir Bap & ors, 2001, 30 CLC (AD)
....apir Bap & ors.......................... Respondents Judgment April 4, 2001. The Constitution of Bangladesh, 1972, Article 103 The Penal Code, 1860 (XLV of 1860), Section 396 ......ed persons. This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81. ......eral, instructed by Mvi. Md. Wahidullah, Advocate-on- Record —For the Petitioner. Not represented—For the Respondents. Criminal Petition for Leave to Appeal No. 96 of 1995. (From the judgment and order dated 8-5......ed persons. This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81. ..Category: Business or Commercial Law | Date: | Hits: 99
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....sp; Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Government of Bangladesh and others.............. Appellants Vs. Abu ......issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ...... Article 102 Only that person is entitled to get a show cause notice from whose custody the goods in question is seized. The goods being seized from an abandoned truck and therefore the order of confiscating the goods in the absence of the show-cause notice under the section......issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ..Category: Business or Commercial Law | Date: | Hits: 99
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....p; Bangladesh Bank and others.......... Petitioners Vs. Zafa......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ......Senior Advocate with him), instructed by Ataur Rahman Khan, Advocate Record—For the Respondent. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 245 of 2001. (From the judgment and order dated 18-1-......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ..Category: Business or Commercial Law | Date: | Hits: 131
Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
.... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ...... The Code of Civil Procedure 1908 (V of 1908), Order XXI rule 32 Since an application under order XXI rule 32 of the Code of Civil Procedure for violation of a decree of permanent injunction is maintainable, the single bench decision holdi...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ..Category: Property Law | Date: | Hits: 57
Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)
....bsp; The Constitution of Bangladesh, 1972, Article 104 Since the learned Advocate for the petitioners h...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ......sp; The Constitution of Bangladesh, 1972, Article 104 Since the learned Advocate for the petitioners has not assailed the impugned judgment and agitating questions which were not a...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ..Category: Property Law | Date: | Hits: 80
Mustafa Zamil Ahmed Vs. Governor of Bangladesh Bank and others, 2001, 30 CLC (AD)
....sp; Mustafa Zamil Ahmed.................Petitioner Vs. Governor of Bangladesh Bank and others................ Respondents Judgment ......it is of criminal nature. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 66. ...... The Foreign Exchange Regulation Act, 1947 (V of 1947), Section 3 The principal has always a right to take action against his agent for misdemeanour, especially when it is of criminal nature……………&......it is of criminal nature. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 66. ..Category: Business or Commercial Law | Date: | Hits: 83
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
.... Mustafa Kamal J Latifur Rahman J Md. Abdul Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh represented by Secretary, Ministry of Establishment &another........... Petitioners......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ......980 (VII of 1981), Section 4(2) The National Board of Revenue passed the impugned order refusing to grant antedated seniority. NBR is the final higher administrative authority for the purpose of granting antedated seniority so the question of filling an appeal to higher admi......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ..Category: Administrative Law | Date: | Hits: 93
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
.... (Civil) Present: AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh....................... Petitioner Vs. Amela Kh......pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ...... of 1985), Section 5(1) (b) An abandoned property in possession of a person can only be included in the “Kha” list of abandoned buildings in respect of which notice for surrendering or taking possession has been issued. Since no notice as contemplated under sectio......pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ..Category: Property Law | Date: | Hits: 69
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....ellip;…………(24 & 25) Cases Referred to- State vs Abdul Mannan, 44 DLR (AD) 173, MG Rabbani and another vs Government of Bangladesh, 31 DLR (AD) 163. Lawyers Involved: Abdul Malek, Senior Adv...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......e offence of rape could not be proved but at the same time it is proved on evidence beyond reasonable doubt that the accused- appellants committed immoral act with the woman, even though no charge for the offence of immoral act has been framed, conviction for immoral act is sustainable…&h...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ..Category: Criminal Law | Date: | Hits: 72
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....995 here. Supreme Court Appellate Division (Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Islamic Foundation Bangladesh........... Petitioner Vs. Firoz Alam and others....................... Respondent......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......on-Record— For the Petitioner Mustafa Niaz Mohan2rnad, Advocate, instructed by Azra Ali, Advocate-on-Record — For Respondent No.1. Not Represented — Respondent Nos.2-10. Civil Petition for Leave to Appeal No. 820 of 1999. (From the judgment and order dated 24 June 1999 passed by th......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48...Category: Property Law | Date: | Hits: 107
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....nbsp; November 16, 2000. The Constitution of Bangladesh, 1972, Article 32 The Code of Criminal Procedure, 1898 (V of 1898), ......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......n of fundamental right cannot arise since “save in accordance with law” as mentioned in Article 32 of the Constitution not only refers to criminal law but also civil law which provides for arrest and detention for recovery of decreetal dues and public dues………&hel......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ..Category: Criminal Law | Date: | Hits: 68
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
.... A M Nurunnabi....................................Respondent Judgment February 27, 2001. The Bangladesh Service Rules, Part I, Rule 72(b) The review forum having found the ......s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ...... Judgment February 27, 2001. The Bangladesh Service Rules, Part I, Rule 72(b) The review forum having found the respondent honourably acquitted, the Tribunals below rightly held that the ......s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ..Category: Administrative Law | Date: | Hits: 117
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....p; Mainur Reza Chowdhury J Jatiya Party............................ Appellant Vs. Election Commission for Bangladesh and others................... Respondents Judgment ......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ...... Mainur Reza Chowdhury J Jatiya Party............................ Appellant Vs. Election Commission for Bangladesh and others................... Respondents Judgment &nbs......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ..Category: Election Law | Date: | Hits: 144
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