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Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....rs. Not represented—The Respondent. Civil Petition for Leave to Appeal No. 586 of 1997. (From the Judgment and Order dated 2nd March, 1997 passed by the High Court Division in Civil Revision No. 1751 of 1995). ......dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ......ed: Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondent. Civil Petition for Leave to Appeal No. 586 of 1997. (From the Judgment and Order dated 2nd..Category: Property Law | Date: | Hits: 63
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
....tioner Not represented—The Respondent. Criminal Petition for Leave to Appeal No.101 of 1998. (From the judgment and order dated 21st Jan 1998 passed by the High Court Division in Criminal Appeal No. 850 of 1992) ...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......li Khan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner Not represented—The Respondent. Criminal Petition for Leave to Appeal No.101 of 1998. (From the judgment and order dated 2..Category: Criminal Law | Date: | Hits: 52
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....vocate- on-Record—For Respondent Nos. 1 and 2. Not represented—Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 713 of 2001. (From the judgment and order dated 20th February 2001 passed by the High Court Division in First Miscellaneous Appeal No. 24 of ......08), Orders XXX VIII rule 5 The proceeds of letter of credit do not squarely come within the provision of Order XXXVIII rule 5 for attachment before judgment for which the Court could issue notice asking for furnishing security or for attachment before judgment in order to satisfy any pos......mmad Fazlul Karim J KM Hasan J Gooryonly (BD) Textile Ltd ………………….……….Petitioner Vs. Chartkar Information Holding Ltd. and ors………..… Respondents ..Category: Civil Law | Date: | Hits: 115
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
....ent Nos. 2 and 3. Not represented—Respondent Nos. 1, 4-7. Civil Review Petition No. 50 of 1999. (From the judgment and order dated 1st August, l999 passed by the Appellate Division in Civil Petition of No. 1999). ...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ......l Procedure, 1908 (V of 1908), Order XLVII rule 1 A review is by no means an appeal in disguise whereby an erroneous decision even if there be any is reheard and corrected but lies only for patent error….(4) Lawyers Involved: KM Shahidul H..Category: Property Law | Date: | Hits: 43
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....-General instructed by Sufia Khatun, Advocate-on-Record—For Respondents. Civil Petition for Leave to Appeal No. 586 of 2000. (From judgment and order dated 22-2-2000 passed by a Division Bench of the High Court Division in Writ Petition No. 4566 of ...... a list of members of the inquiry committee to the Supreme Court by dropping the names suggested by the Election Commission but with no effect. Thereafter, the petitioner served a demand of justice notice which having not been heeded to moved the High Court Division and obtained the Rule in the ......72, Article 91A The petitioner who fought the by-election cannot have any choice in the persons who are to act as members of the committee. The Election Commission accepted the formation of the committee which was formed with the approval of the Supreme Court the petitioner ..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....haukat Ali Khan, Senior Advocate instructed Sharifuddin Chakiader, Advocate-on-Record— For the Respondents. Criminal Petition for Leave to Appeal No. 127 of 2001. (From the judgment and order dated 27th 2001 passed by the High Court Division in Death Reference No. 23 of 1997 with Criminal Ap......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......cted by Mohwnmad Yeasin, Advocate-on- Record- For the Petitioner Shaukat Ali Khan, Senior Advocate instructed Sharifuddin Chakiader, Advocate-on-Record— For the Respondents. Criminal Petition for Leave to Appeal No. 127 of 2001. (From the judgment and order dated 27th 2001 passed by the H..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
.... Not Represented — Respondent Nos. 2-10 (In Civil Appeal No.193 of 2000). Civil Appeal Nos. 192 and 193 of 2000. (From the judgment and order dated 14-3-2000 passed by the High Court Division in Writ Petition No, 4938 of 1999). Judgment......closing/winding up BRAC Bank Limited which has been incorporated and whose permission to start banking has been given long before filing of the writ petition. He submits that the demand of justice notice was issued on 11-12-1999 but by that date everything was complete and nothing was left with ......on 20 The Trusts Act, 1882 (II of 1882) Section 20B i) A society registered under the Societies Registration Act may invest its fund with the object of getting more money for spending in charitable purposes……………………..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
....itioner Not represented—The Respondents. Civil Petition for Leave to Appeal No. 715 of 1996. (From judgment and order dated 7 July 1996 passed by the High Court Division in Civil Revision No. 598 of 1990.) &nbs...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......er is good service on the Government.(8) The Limitation Act, 1908 (IX of 1908), Article 95 Article 95 of the Limitation Act in its first schedule set out the principle for nullifying a decree obtained by fraud or such other relief gained out of fraud. La..Category: Procedural Law | Date: | Hits: 97
Osman Gani Vs. State, 2002, 31 CLC (AD)
....n illicit sexual act with their former domestic servant, Emdadul Haque by assaulting and throttling her and then buried her on 18 March 1987. This information was recorded in General Diary No, 475 dated 19 March 1987. The Sub-Inspector took up investigation of the case and in course of investiga...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......p; Bimalendu Bikash Roy Choudhury J.- This appeal is brought before the Court by leave granted to the appellant Osman Gani to call in question his conviction unde..Category: Criminal Law | Date: | Hits: 55
Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
....ed— Respondent Nos. 1 & 3. (In all the cases) Civil Petition for Leave to Appeal Nos. 1155, 1156 & 1157 of 1999. (From the judgment and order dated 15-7-1999 by the High Court Division in Writ Petition Nos. 6 to 1995). J......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ...... July 29, 2001. The Industrial Relations Ordinance, 1969 (XXIII of 1969), section 34 Section 34 of the IRO allows a workman to apply to the Labour Court for the enforcement of any right guaranteed or secured to him by or under any law. ..Category: Labour and Industrial Law | Date: | Hits: 115
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
....……………….(7) Lawyers Involved: B Hossain, Advocate-on-Record—For the Appellant. Ex-Parte—The Respondents. Criminal Appeal No.7 of 1993. (From the judgment and order dated 13-8-1991 passed by the High Court Division in Death Reference No.17 of 1990 and Criminal Appe......not amounting to murder. If death is likely result of the injuries it is culpable homicide not amounting to murder, and if death is the most likely result, then it is murder.” 7. We have already noticed and agreed with the finding of the trial Court that there was neither any object of murderin......4, Part I & II Respondent Harunur Rashid by inflicting the injury on the chest of Fakku Mia resulting in the death of the victim committed an offence under section 304 Part-I of the Penal Code for causing the bodily injury as was likely to cause death and, in fact, the death was caused and in..Category: Criminal Law | Date: | Hits: 55
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....m, Senior Advocate instructed by Md Nowab Ali, Advocate-on-Record—For the Respondent No. 2. Ex-parte—The Respondent Nos. 1, 3-6. Civil Appeal No. 91 of 1994. (From the judgment and order dated 30-8-1998 passed by the High Court Division in Civil Revision No. 4480 of 1991). Judgment: ......annot be termed as hazardous or dangerous….....................(7) The Transfer of Property Act, 1882 (IV of 1882) Section 111(g) In case of forfeiture of tenancy for denial of title, written notice of lessor’s intention to determine the lease is not compulsory and must be optional as the ......ture or writings and so adoption of such a method cannot be termed as hazardous or dangerous….....................(7) The Transfer of Property Act, 1882 (IV of 1882) Section 111(g) In case of forfeiture of tenancy for denial of title, written notice of lessor’s intention to determine the l..Category: Tenancy Law | Date: | Hits: 70
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... Md. Nawab Ali, Advocate-on-Record — For the Respondent (In all the cases). Civil Appeal Nos.15, 16 and 17 of 1992. (From the judgment and order dated 2 June 1991 passed by the High Court Division in Reference Application Nos. 1, 2 and 3 of 19......aimed by the assessee under section l0 (2) (X) of the aforesaid Act is not allowable to him as the assessee allegedly did not earn any profit, during the years in question. The High Court Division noticed from Annexure-A series, that the Deputy Commissioner of Taxes disallowed the bonus as no pr...... Since the respondent assessee paid the bonus to the employees as per direction of the Government under the provisions of the above Ordinance and Notification, the question of earning profit for payment of bonus, does not arise……(5) Lawyers Involved: ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
....sh;For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 378 of 1999. (From the judgment and order dated 9th June, 1997 passed by the High Court Division in Civil Revision No. 3179 of 1993). ......d from service on 26-1-1977 against which an appeal was as well rejected. An application of the petitioner before the Managing Director to reinstate was of no effect whereupon the petitioner sent a notice alleging his wrongful dismissal from service in violation of principle of natural justice. ......Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 378 of 1999. (From the judgment and order dated 9th June, 1997..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....ord—For the Petitioners. Nor represented—The Respondents Civil Petition for Leave to Appeal No. 612 of 1996 (From the judgment and order dated 8th July, 1996 passed by the High Court Division in Writ Petition No. 362 of 1987). Judg......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......uty Attorney-General, instructed Mvi Md Wahidullah—Advocate-on-Record—For the Petitioners. Nor represented—The Respondents Civil Petition for Leave to Appeal No. 612 of 1996 (From the judgment and order dated 8th July, 1996 passed..Category: Property Law | Date: | Hits: 43
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....he Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 265 of 1997. (From the judgment and order dated 6-1-1997 passed by the Administrative Appellate Tribunal in Miscellaneous Appeal No.5 of 199......There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ...... The Administrative Tribunals Rules, 1982, Rule 7 The execution case was dismissed on the ground that the order passed by the Tribunal was declaratory without any direction for reinstatement and as such the said order is not executable. ..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....d- For Respondent Nos.1-5. Not represented- Respondent No.6. Civil Petition for Leave to Appeal No.450 Of 2005 (From the judgment and order dated 27.01.2004 passed by the High Court Division in Civil Revision No. 6467 of 2002) Judg......ble and at best there could be prayer for compensation of damage, if any. 10. He further submits that the respondents considered the replies to the show cause notices and charges indicted against the plaintiff petitioner and the report of the inquiry committ...... Judgment April 30, 2006. IFIC Bank Service Rules, Rule 30.02 Item 6 On the face of the admitted fact that the petitioner himself issued the disputed pay order for Tk. 1,00,000.00 against deposit of Tk. 100.00 only, the petitioner cannot escape the liability ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....ong before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the basis of his deed of sale dated 22-09-1994………..(21 & 23) Section 14 A of the (Emergency) Req......hereby the auction became absolute under section 25 of the Act. That being so, the revisional authorities under section 53 of the Act could not set aside the sale upon, the ground of non-service of notice under section 7 of the Act which in turn comes in direct conflict with the provision of sec......t March 12, 2006. The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to cl..Category: Civil Law | Date: | Hits: 77
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
.... Not represented- Respondents Judgment 27 October 2002. Lawyers Involved: Civil Petition for Leave to Appeal No. 825 of 2000. (From the judgment and order dated 07-08-2000 passed by the High Court Division in Writ Petition No. 4063 of 2000). Judgm......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......olved: Mr. Md. Nowab Ali, Advocate-on-Record- For the Petitioners Not represented- Respondents Judgment 27 October 2002. Lawyers Involved: Civil Petition for Leave to Appeal No. 825 of 2000. (From the judgment and order dated 07-08-2000 passed by..Category: Banking Law | Date: | Hits: 120
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
.... A. K. M. Shahidul Huq, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.3-5 Civil Appeal No.103 of 1999 (From the judgment and order dated 15.04.1999 passed by the High Court Division in Writ Petition No.2918 of 1998) Judgmen......t showing the appellant as resident of Ward No. 24 of Chittagong City Corporation was also filed and that the High Court Division while making the rule absolute failed to consider that the impugned notice in question was in fact one of curtailment of area under second proviso to Rule 11 of the a......ittagong. His father was appointed as Marriage Registrar of Patenga, Halishar, Agrabad and Rampur area under Double Mooring Police Station of Chittagong District and on his leave from December 17, for 10 weeks for illness the writ petitioner was appointed as Nikah Registrar giving temporary lice..Category: Constitutional Law | Date: | Hits: 178
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