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Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ......and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ...... J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Calmare Navigation Co. Ltd…………. Petitioner Vs. Mohammad Nurul Hoque and another……………………………&......and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ..Category: Others | Date: | Hits: 74
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....f the High Court Division upon misconstruction of the said Regulation 12 fell into an error in holding that the writ petitioner was dismissed from service in violation of the said Regulation. The relevant Regulation 12 runs as follows: “12. Power to impose penalty.- The power to impose......same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Governing Body of Kapilmuni College, represented by the Principal, Kapilmuni College…………… Petitioner Vs. Sheikh Roushan Ali and ors………….. Respondents Judgment July 8, 1997. Result: The petition is dismi......same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31...Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....fendant No.1 was fined, as he did not pay the fine in time. A Certificate Case No. 6 AM159-60 was started in the Bogra Certificate Court and after due service of the processes and observance of the relevant provisions of law the suit land and other lands of defendant No.1 was auction sold to the ...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......sp; Saitan Bibi and others………………. Plaintiff-Appellants &...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ..Category: Property Law | Date: | Hits: 52
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... appellant to the Government from time to time. 6. In the usual course, a Deputy Registrar made a synopsis of the memo of the Deputy Commissioner and the reply of the District Judge in the relevant file and at the end gave his own opinion for consideration of the Chief Justice (through t...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......lip;….. Respondent Judgment February 11, 1998. The Contempt of Court Act, 1926 (XII of 1926), Section 2 Imputing improper motives to the Judicial Officers and discourteous comments about them amounts to contempt of court. In view of tendering of an uncon...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ..Category: Criminal Law | Date: | Hits: 70
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ......llate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Abul Bashar and another……………………………&...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
.... detenu from doing any act prejudicial to public safety and maintenance of public order. The impugned order of detention was passed with lawful authority considering the situation prevailing at the relevant time. It is also denied by the respondents that the detenu was not given opportunity to p......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ...... Mostafizur Rahman...........Appellant Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and another……. Respondents Judgment &nbs......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ...... donee as would in law amount to taking of possession. When the property is not capable of being delivered physically, acceptance may be shown by mutation of name in the official record, municipal papers or with the Revenue authority……(8) Lawyers Involved: Mahmu......te Division (Civil) Present: BB Roy Choudhury J M Amin Choudhury J Kazi Ebadul Hoque J Bangladesh, represent by the Secretary, Ministry of Housing and Public Works and another ………………….Appellant ......ng mutation papers with the Dhaka Improvement Trust and the Government Revenue authority, Municipal papers etc. have been filed. And no explanation has also been given for non-filing of these basic documents. 9. It is well settled that in case of transfer apart from the registration of t..Category: Property Law | Date: | Hits: 64
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....of the Industrial Relations Ordinance, 69 and that those cases were not on “settlement” but “award” and thereby this Division completely misunderstood and misinterpreted the relevant law on the basis of which those cases were decided. Further ground for review is that the ......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ...... A M Mahmudur Rahman J Mahmudul Amin Choudhury J Zenith Packages Limited ……………….Petitioner Vs. Member Labour Appellate Tribunal Dhaka and others ………….Respondent Judgment May 28, 2000. The......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....is against the judgment and order dated 7-7-1997 passed by a Division Bench of the High Court Division making the Rule absolute in part in Writ Petition No. 345 of 1991. 2. The short fact relevant for disposal of the appeal is that the respondent as writ petitioner opened a letter of cr......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Bangladesh and others................ Appellants Vs. Mizanur Rahman…………&helli......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Billal Vs. State, 2000, 29 CLC (AD)
.... from the evidence of PWs 1 and 3 the accused appellant Saiful also confessed that he called the victim out of his house in the evening on the date of occurrence. Although normally motive is not relevant factor in any criminal offence but it became important in a case like the present one whe......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ...... Judgment April 2, 2000. The Evidence Act, 1872 (1 of 1872), Section 5 The Penal Code, 1860 (XLV of 1860), Sections 302/109 Calling and taking away of the victim by the appellant Billal and co-convict Saiful from his residence half......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....ot been impleaded the suit was bad for defect of parties. High Court Division found that Court of appeal below did not reverse the finding of the trial Court on the question of law referring to the relevant provisions of the Rules and there is no finding as to whether any notice was issued upon ......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......adul Hoque J Syed Jahangir Hossain ……………………………………….Appellant Vs. Md. Moyenuddin and others……………………………&h......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ..Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....of the case the suit for redemption of mortgage is maintainable or not and further whether reference of President’s Order No. 88 of 1972 and the past and closed nature of the transaction are relevant for the purpose of the suit. (2) Whether the plaintiffs suit for redemption of mor......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ...... Mahmudul Amin Choudhury J Asmat Ali………………………. Appellant Vs. Abdur Rafique Mridha and others………………….Respondents Judgment Febr......1,500.00. To prove that this amount is a lesser amount the plaintiff has not produced any other sale deed of the relevant period nor adduced any oral evidence. From the side of the defence several documents have been produced to prove that the price indicated in the questioned document is the pr..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
.... it comes in conflict with the aforesaid provision of the said Act the same cannot stand. Learned Advocate for the appellant pointed out that in the Articles of Association of almost all the Banks relevant article is in the same language as in Article 114 of IFIC Bank. Why then Banks incorporate......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......on (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Kazi Ebadul Hoque J ASF Rahman and another…………………. Appellants Vs. ......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ..Category: Business or Commercial Law | Date: | Hits: 107
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
.... (From the judgment and order dated 24 August 1998 passed by the High Court Division in FMA No. 27 of 1997. Judgment: Bimalendu Bikash Roy Chowdhury J.- The relevant facts are brief. The petitioner along with another brought in the First Court of Subordin......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ...... Bikash Roy Choudhury J A M Mahmudur Rahman J Bisheswar Bhattacharjee…………………Petitioner Vs. Shantimoy Bhattacharjee and others………………… Respondents Judgment ......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ..Category: Procedural Law | Date: | Hits: 97
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
....ers for leave to appeal from the judgment and order dated 24 November 1998 of a Division Bench of the High Court Division discharging the Rule Nisi in Writ Petition No. 647 of 1998. 2. The relevant facts are brief. Being successful in the 12th BCS Examination the petitioners were appoint...... 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. ...... Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Delwar Hossain Mia (Md) and another…………………… Petitioners Vs. ...... 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. ..Category: Constitutional Law | Date: | Hits: 151
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....e other branches of the Government must convene if a fixed period of time has elapsed since its last report in order to consider the adequacy of Judges salary in the light of cost of living and other relevant factors. The Supreme Court of Canada declared the salary reduction as unconstitutional sinc......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. ......afa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Result: T......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. ..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....nd order passed by Artha Rin Adalat was set aside. 9. Appellant obtained leave against the said judgment to consider the submission that the High Court Division upon a misconception of the relevant provisions of the Act wrongly held that the provision of Order 9 rule 9 CPC is not applica......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. ......(5) The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 9 From the absence of any provision in the Ain prohibiting filing of an application under Order 9 rule 9 of the Code and from the specific mention of the Code in sub-section (5) of section 5 of the Ain it is clear th......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. ..Category: Business or Commercial Law | Date: | Hits: 104
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....pinion of the Bangladesh Bank”. Formation of an opinion is undoubtedly result of mental exercise of any question. Normally for forming an opinion there is existence and consideration of some relevant materials concerning the question. But an opinion can also be formed fancifully without an......desh Bank Ltd. Thereafter on 17-12-96 a meeting of the Standing Committee constituted under section 48 of the Act was held. In the said meeting aforesaid report of the inspection and the connected papers were considered and the aforesaid report and recommendation were made. In view of the existe...... Bimalendu Bikash Roy Choudhury J Kazi Ebadul Hoque J Abdur Rahim Chowdhury………………..Appellant Vs. Bangladesh Bank and others ……………….Respondents Judgment Fe......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. ..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....led principle of law that the High Court Division should be very slow to exercise its extraordinary writ jurisdiction in election matter unless there appears a total lack of jurisdiction by the relevant authorities to proceed with the electoral process and for holding re-election which funct......d the election of the Chairman of the aforesaid Union Parishad held on 29-12-1997 and the polling of all centres were held peacefully and there was no trouble at the time of counting of the ballot papers of the Chairman. But at the time of counting of ballot papers of the Members and Women candi......Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Jamshed Ali ……………………..Appellant Vs. AKM Abdullah and others……………… Respondents Judgment January ......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
.... whether the High Court Division acted judicially and properly in passing the impugned order. 12. It appears from the impugned judgment that the High Court Division without considering the relevant facts and circumstance of the case, particularly the fact that the appellant mother has al......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jharna Rani Saha………………...Appellant Vs. Khondaker Zayedul Hoque alias Jahangir and another……….. Respondent Judgment ......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Criminal Law | Date: | Hits: 48
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