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Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... Pre-emptee-petitioner Abul Kashem seeks leave to appeal against the judgment dated 27-8-2002 passed by a Single Bench of the High Court Division in Civil Revision No. 4924 of 1991 discharging the Rule. 2. The predecessor of the deceased pre-emptor Amirun Nahar instituted Miscellane......l K Chowdhury J Abdul Kashem............................Petitioner Vs. Amirun Nahar and others.................Respondents Judgment March 5, 2006. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-R..Category: Property Law | Date: | Hits: 38
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....p; MM Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 7-12-98 passed by the High Court Division in Writ Petition No. 9 of 1996 discharging the Rule. 2. Short facts are that the petitioner joined the then Pakistan Army and was commissio...... Transmission and Distribution Co Ltd and another 1981 BLD (AD) 61 = 33 DLR (AD) 186; Bangladesh Biman Corporation vs Government of Bangladesh and others, 2000 BLD (AD) 230 = 5 BLC (AD) 169. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Aftab Hossian, Advocate-on-..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... names of the persons who have acquired any disqualification for being enrolled as a voter and will add on following the provision of sections 7, 8 and 9 of the Ordinance and the rules 4-18 of the Rules framed under the Ordinance the names of the persons who have acquired qualification for being...... Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and PUCL and others vs Electoral Registration Officer (1995) 3 SCC 101. Lawyers Involved: TH Khan, Senior Advocate and Khandker Mahbubuddin Ahmed, Senior Advocate, ..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
....gainst the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. 2417 of 1996. The High Court Division by the aforesaid judgment discharged the Rule obtained impugned order of compulsory retirement dated July 30, 1994. 2. Facts, relevan...... (Md).....................Appellant vs Bangladesh Agricultural Research Institute……………Respondents Judgment February 2nd, 2003 Lawyers Involved: Matiur Rahman, Advocate, instructed by Mrs Azra Ali, Advocate-on-Record&md..Category: Employment/Service Law | Date: | Hits: 92
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ivision as envisaged in the ConstiÂtution nor affected its jurisdiction and power in a manner so as to render the Constitution unworkable. The impugned amendment and the Notifications issued and the Rules framed thereunder are not ultra vires on any of the grounds urged……………………..(67...... Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the SecreÂtary, Ministry of Law and Justice, Bangladesh SecreÂtariat,Ramna,Dhaka & Others ……… Respondents (In Civil A..Category: Constitutional Law | Date: | Hits: 1934
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....he suit they may do so and it will be disposed of in accorÂdance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......uit or abandon its claim in the suit. If the plaintiffs are still willing to proceed with the suit they may do so and it will be disposed of in accordance with law…………………..5 & 6) Lawyers Involved: Jamiruddin Sircar, Advocate, instructed by Mvi. Wahidullah, Advocate-on-Record ..Category: Procedural Law | Date: | Hits: 110
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......e is no scope for advancing any argument on supposed notions………(21) Cases Referred to- Carlill vs. Carbolic Smoke Ball Co. (1892) 2 QB 84, Gauga Ram V. Nath Singh A.I.R. 1924 P.C.183. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Shaheed Alam, Advocate with him), instructed b..Category: Property Law | Date: | Hits: 41
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....stees. 4. In the Affidavit filed on behalf of respondent No. 1 the allegations made by the appellant were deÂnied. It was stated that the relevant provision of the Dhaka Improvement Trust Service Rules, 1971 proÂvided for promotion from a lower post to a higher post on the basis of 'merit-cum-s...... not known to what extent the bad ground influenced the forming of the decision……………………….(13 & 14) Cases Referred to- Ashok Kumar Yadav vs. State of Haryana, AIR 1987 SC 454 Lawyers Involved: Maksum-ul-Hakim, Senior Advocate, (Sk. Afzalur Rahman, Advocate with him) instr..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. SamirudÂdin Vs. State, 1987, 16 CLC (AD)
....Âlowed. The impugned orders of conviction and senÂtence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......ill stand on the way and stare at it. In any case the appellant could not be legally convicted for the alleged offence of criminal trespass. The appeal is allowed………………..(11 & 12) Lawyers Involved: A.J. Mohammad Ali, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Re..Category: Criminal Law | Date: | Hits: 59
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....eals to their file and number by an order dated 6th April, 1986. This Court refused on 31st August, 1986 to interfere with that order. On the 7th April, 1986 the High Court Division issued a suo moto Rule in Criminal Revision No. 43 of 1986, upon the appellants and two Advocates to show cause as to ......been brought challenging the rule contending inter-alia that the rule has been issued illegally. This court finds no substance in the contention and the appeal is dismissed………………(2 & 4) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-..Category: Criminal Law | Date: | Hits: 45
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......e presumption. The defendants got ample opportunity at the trial stage and no such rebuttal evidence was adduced. Hence the prayer for remand does not merit consideration. ………….(6 & 8) Lawyers Involved: Moksudur Rahman, Senior Advocate, instructed by B. Hossain, Advocate-on-Recordâ..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....ondent No.1 herein filed the aforesaid writ petition challenging the order of his removal as Chairman Chandina Upazila Parishad on the basis of no-confidence motion passed in a special meeting as per Rule 4 of the Upazila Parishad Chairman and Members (Resignation, Removal and Vacation of ofÂfice) ......ulaji Sitaram Patil 70 Bombay 843 Sukhdeo vs. Arrah Municipality A.I.R. 1956 Pat. 367 Shyampada vs. Abani Mohan A.I.R. 1957 Cal. 420 Mangla Prasad Vs. District MagisÂtrate A.I.R. 1971 All 77(FB). Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, inÂstructed by MJK. Khan, Advocate-on-Re..Category: Election Law | Date: | Hits: 128
Abdul Jalil Vs. Bangladesh House BuilÂding Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......f Tk. 75,000/- to be deposited with the District Judge within 2 months, in default the auction purchaser is entitled to interest on the amount at the rate 9% till realisation……………(9 & 10) Lawyers Involve M.H. Khondker, Senior Advocate, A. F. Mohammad Ali, Advocate with him, instructed..Category: Property Law | Date: | Hits: 30
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
..............Appellants Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors............Respondents Judgment November 8, 1988 The Code of Civil Procedure, 1908 (v of 1908), Order XXI, Rule 29 Stay granted by this court shall continue for four months further. In the mean time the ap......llants will take steps to get the suit disposed of. In case of the relevant suit being not disposed of for any reason the execution case shall proceed in accordance with law…………………(8) Lawyers Involved: Mahmudul Islam, Advocate instructed by Kazi Ebadul Hoque, Advocate-on-Record—..Category: Civil Law | Date: | Hits: 106
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... 40; Sefatulla Sheikh v. Mst. Abjannessa Bibi, 5 DLR 39; Kumudini v. Rashik, 11 CWN 517; Kameswari Dasya v. Sishuram Deka, AIR 1924 Cal. 792 and Ram Ray Singh v. Rajendra Singh, AIR 1943 All. 247. Lawyers Involved: T.H. Khan, Senior Advocate, (MA. Wahab Miah, Advocate with him), instructed by ..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ...... Maha Dev AIR 1962 Punjab 299, Parbhawati Devi vs. Mahendra Narain Singh AIR 1981 Patna 133 and Harisadhan De vs. Radhika Prosad AIR 1938 Cal. 202, State of Bihar vs. Subodh Gopal AIR 1968 SC 281. Lawyers Involved: M.H. Khandker Senior Advocate (A.J. Mohammad Ali, Advocate with him) instructed..Category: Property Law | Date: | Hits: 36
Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....— Not Represented. Civil Appeal No. 28 of 1988. Judgement Badrul Haider Chowdhury J.- Leave was granted to consider the question whether the High Court Division was correct in making the Rule abÂsolute in the writ petition, when on its own showÂing certain disputed question of fact ha......solving those by mere affidavit on the event of the fact that questions of fact were disputed. The judgement and order of the High Court Division is set-aside and the writ is recalled……….(5) Lawyers Involved: Nurullah, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocates-on-Reco..Category: Election Law | Date: | Hits: 110
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... Judgment February 19, 1989. Result: All the Appeals are allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be raised and evidence adduced for adjudica......hmed vs. Ghulam Ali 15 D.L.R. (SC) 283, Mohinder Singh Gill and another Vs. The Chief Election Commissioner A.I.R. 1978 (SC) 851, Akbar Ali vs. Raziur Rahman Khawaja and others 18 D.L.R. (SC) 426. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advoc..Category: Election Law | Date: | Hits: 165
Executive Engineer, PubÂlic Health, Barisal DiviÂsion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....n 25.4.1977 and not earlier; that defendant No.2, Superintending Engineer, was not the appointing authority for startÂing the departmental proceeding under Government Servant (Discipline and Appeal) Rules 1976 and hence the impugned order of discharge was declared as illegal, null and void, and not......(7) Â Cases Referred To- Saleh Ahmed vs. Bangladesh 36 DLR (AD) 1984 P. 26; North-West Frontier Province V. Suraj Narain Anand 751. A. 342; PaÂkistan vs. M/S.A.V. Isaacs 22 DLR (SC) 371. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Adv..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy CommissionÂer, Sunamganj & another, 1989, 18 CLC (AD)
....al No. 59 of 1986 Judgement ATM Afzal J. — This appeal by leave is from judgment and order dated 25 August, 1986 passed by a Division Bench of the High Court DiviÂsion, Dhaka discharging the Rule in Writ Petition No.254 of 1985. 2. The appellant is a licenced Vendor of CounÂtry liquor ......to shut down the shop. The appellant be permitted to continue his business in the present shop in the restricted manner as agreed upon earlier, till the shop is shifted…….…………….(14) Lawyers Involved: S.R. Paul, Senior Advocate, instructed by Kazi Ebadul Huq Advocate-on-Record—..Category: Others | Date: | Hits: 125