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Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)

.... Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Salma Khatun and others…………………… Petitioners Vs. Zilla Parishad, Chittagong, represented b..

Category: Tenancy Law | Date: | Hits: 82

Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)

....also Reported in: 51 DLR (AD) (1999) 256. ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ...... SR Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advoacte-on-Record-For the Respondents. Civil Petition For Leave to Appeal No. 930 of 1997. (From the judgment and order dated April 29, 1997 passed by the High Court Division, Dhaka in FMA No. 62 of 1989). ..

Category: Civil Law | Date: | Hits: 115

Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)

....or the Respondent No. 2 (In Criminal Appeal No. 9 of 1998). Not represented—Respondent No. 2 (In Criminal Appeal No. 22 of 1998). Dr. Ahmed Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For the Respondent No. 1 (In Criminal Appeal No. 12 of 1999).&n......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......rom 3/4 years before, that her father wanted to give her in marriage elsewhere, that on March 4 last she sneaked out from her school and went to Chittagong with Salam, that there she was converted to Islam and married Salam by affidavit in Court, that they were in Chittagong for more than a month an......l CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Bashu Dev Chatterjee………............. Appellant Vs. Umme Salma and others..................... Respondents Judgment March 4, 1999. Result: Both the ap..

Category: Criminal Law | Date: | Hits: 71

Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)

....n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......y ……….(10) Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by SR Karmaker, Advocate-on-Record — For the Appellant. Mahmudul Islam, Attorney-General (Shafiuddin, and Deputy Attorney-General with him) instructed by Shamsul Ha......9. The Contempt of Courts Act, 1926 (XII of 1926), Section 2 The Court will not hesitate to deal with member of the subordinate judiciary if he is not cautious, restrained, respectful and deferential with regard to the highest judiciary ……….(10) Law..

Category: Criminal Law | Date: | Hits: 75

Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)

....(AD) (1999) 232. ...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Shamsunnahar Salam and others……………………………&h..

Category: Property Law | Date: | Hits: 64

Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)

....D) (1999) 228. ......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ...... 1949 PC 156, Syed A Jalil Vs. Mahbub Alam and others 46 DLR (AD) 96 and Md Shahjahan Vs. Md Sadek and anr 38 DLR (AD) 276. Lawyers Involved: Maksum-ul Hakim, Senior Advocate (Amirul Islam, Senior Advocate, with him) instructed by Md. Aftab Hossain, Advocate-on-Record — For ......J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Mutalib…………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. The Local Government (UP) Ord..

Category: Election Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)

.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221....... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221....... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......r Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills Ltd and others……………………………Plaintiff-Respondent Judgment March 25, 1999. R..

Category: Property Law | Date: | Hits: 77

Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)

.... Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......1860), Section 471 The Prevention of Corruption Act, 1947 (II of 1947), Section 5(11) (i) Learned Judge of the High Court Division is palpably wrong in holding that when an accused is convicted and sentenced under section 466 he cannot again be convicted and sentenced under section 471 of the ..

Category: Anti-Corruption Laws | Date: | Hits: 73

Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)

.... This Case is also Reported in: 51 DLR (AD) (1999) 215. ......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ...... Bimalendu Bikash Roy Choudhury J Sabita Dutta ……………………….Petitioner Vs. Manager, Cinema Palace Chittagong and another……......................... Respondent Judgment June 7, 1..

Category: Labour and Industrial Law | Date: | Hits: 94

Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)

....(AD) (1999) 213. ......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......ellip;….………………………………Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……….Respondents Judgment February 8, 1999. The Const..

Category: Constitutional Law | Date: | Hits: 126

Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)

....his Case is also Reported in: 51 DLR (AD) (1999) 171. ...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ......wyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Abdur Razzak, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Amirul Islam, Senior Advocate instructed by Md. Aftab Hossain Advocate-on-Record—For the Respondent......du Bikash Roy Chowdhury J Moulana Delwar Hossain Saydee ……………………….Petitioner Vs. Sudhangshu Shekhar Halder and others…………………Respondents Judgment ..

Category: Election Law | Date: | Hits: 117

Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)

....bsp; Md. Abdur Rouf J &nbs......n the grievance of the petitioner.…(9) Lawyers Involved: Shafique Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For the Petitioner. AKM Nazrul Islam, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For Respond......rievance of the petitioner.…(9) Lawyers Involved: Shafique Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For the Petitioner. AKM Nazrul Islam, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For Respondent Nos......ellip;………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents Judgment June 22, 1997. Th..

Category: Employment/Service Law | Date: | Hits: 63

Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)

....p; Cases Referred to- Chandra Mohan vs. the State of Uttar Pradesh, AIR 1966 (SC) 1987; The State of Assam vs. Ranga Mohammad, AIR 1967 (SC) 903; Aftabuddin vs. Bangladesh, 48 DLR 1; Md. Masdar Hossain and others vs. Bangladesh, 18 BLD 558 = 2 BLC 444. Lawyers Involved: ...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ......e of Assam vs. Ranga Mohammad, AIR 1967 (SC) 903; Aftabuddin vs. Bangladesh, 48 DLR 1; Md. Masdar Hossain and others vs. Bangladesh, 18 BLD 558 = 2 BLC 444. Lawyers Involved: Mahmudul Islam, Attorney-General (BR Chhana, Assistant Attorney-General with him) instructed by Sufia Khatun...... J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman, Advocate and others………………..Respondents Judgment June 16..

Category: Employment/Service Law | Date: | Hits: 72

Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)

....bsp; Md. Abdur Rouf J &nb...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......alleging, inter alia, that appellant No. 1 is the widow of his brother late Md. Shajahan and Appellant No. 2 is the present husband of appellant No. 1. Appellant No. 3 is the father and one Aminul Islam is the brother of appellant No. 1. The complainant’s brother Md. Shajahan died on 25-3-......sp; Bimalendu Bikash Roy Choudhury J Latifa Akhter and others.…………… …… Appellants Vs. St..

Category: Criminal Law | Date: | Hits: 69

Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)

....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......e. If properties are left out in a partition suit it brooks further litigation. But in specific situation such rule is relaxable……(7) Lawyers Involved: ABM Nurul Islam, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record — For the Petition......p;……….. Respondents Judgment June 9, 1999. Partition Suit Hotchpotch A partition suit should embrace all the joint properties of the parties concerned and it is indeed a rule of convenience. If properties are left out in a partition suit it brooks fu..

Category: Property Law | Date: | Hits: 65

Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)

....er does not arise……………(13) Cases Referred to- Mvi Md Khurshid Alam vs. Secretary, Ministry of Law, Justice and Ors., 50 DLR (AD) 82 and Kazi Md. Amirul Islam vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 16 B......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ...... arise……………(13) Cases Referred to- Mvi Md Khurshid Alam vs. Secretary, Ministry of Law, Justice and Ors., 50 DLR (AD) 82 and Kazi Md. Amirul Islam vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 16 BLD (AD) 110......man J Bimalendu Bikash Roy Choudhury J Raisuddin……………………………..Petitioner Vs. Bangladesh and others……………………..Respondents Judg..

Category: Employment/Service Law | Date: | Hits: 69

Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)

....�………………(10) Lawyers Involved: Mansur Habib, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali Advocate-on-Record —For the Respondent. Civil Appeal No. 121 of 1997. (From ......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......: 51 DLR (AD) (1999) 150. ..

Category: Tenancy Law | Date: | Hits: 62

Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)

....constitution and as such there is no ground for review………………(8) Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate -on -Record — For the Petitioner. Mahmudul Islam, Attorney ......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......ip;……(8) Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate -on -Record — For the Petitioner. Mahmudul Islam, Attorney General, (Bazlur Rahman Chhana, Assistant Attorney General with him), instructed by......o basis of malafide maneuver on the part of the President passing the order of compulsory retirement of the petitioner, on the event of the petitioner being found at fault by the enquiry committee and the enquiry committee legally constituted, though the report has not been made public no fault ..

Category: Employment/Service Law | Date: | Hits: 89

Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)

....Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sujit Kumar Majum......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ......llip;……………. Appellant Vs. Ministry of Local Government and Rural Development, Dhaka and others..…… Respondents Judgment ..

Category: Administrative Law | Date: | Hits: 144

State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)

....bsp; Md. Abdur Rouf J &nbs......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. .......00, Cheque No. 851675 dated 16-12-80 for Taka 20,000.00 and Cheque No. 851676 dated 17-12-80 for Taka 21,000.00 on 7-4-81, 15-4-81 and 25-5-81 respectively by forging the signature of Mr. Sirajul Islam, Ex-District Inspector of Schools, Mymensingh, who on being transferred made over the charge ......dvocate on-Record—For the Petitioner Azra Ali, Advocate-on-Record— For the Respondent. Criminal Petition for Leave to Appeal No. 140 of 1997. (From the Judgment and order dated 14th May 1997 passed by the High Court Division in Criminal Appeal No. 394 of 1993)..

Category: Criminal Law | Date: | Hits: 59

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