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Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....t No. 3. Not represented—Respondent Nos. 1-2. Criminal Petition for Leave to Appeal No. 220 of 2000. (From the judgment and order dated 13 July 2000 passed by the High Court Division in Criminal Miscellaneous Case No. 6040 of 199...... but also possession of holding No. 59 from second party Humayun Kabir and handed over possession of the same to the second party Mrs Monowara Islam. Subsequently, when this fact was brought to the notice of the Magistrate, the Magistrate by passing several orders directed the Officer-in-Charge ......n, Senior Advocate instructed by Serajur Rahman, Advocate-on-Record—For Respondent No. 3. Not represented—Respondent Nos. 1-2. Criminal Petition for Leave to Appeal No. 220 of 2000. (From the judgment and order dated 13 Jul..Category: Criminal Law | Date: | Hits: 62
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....h; For the Petitioner Md. Nawab Ali, Advocate-on-Record — For the Respondent. Civil Appeal No.94 of 1998. (From judgment and order dated 13-2-1995 passed by the High Court Division in Civil Revision No. 1141 of 1990). &n......shop room stating that he was owner of the premises and he let out the same to the respondent and he required that said shop room for extension of his business by his two sons and that he served a notice under section 106 of the Transfer of Property Act upon the respondent for eviction on the gr...... April 24, 2000. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18(1) Under the Ordinance for getting a decree of eviction the landlord is to decide which premises out of many is required b..Category: Property Law | Date: | Hits: 69
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
.... declaration and permanent injunction stating that at the relevant time he was AGM of the respondent Pubali Bank a Public Limited Company and not of a Nationalised Bank and that the show cause notice dated 8-6-86 given for compulsory retirement was illegal and not binding upon him. 3. The defenda......996 for declaration and permanent injunction stating that at the relevant time he was AGM of the respondent Pubali Bank a Public Limited Company and not of a Nationalised Bank and that the show cause notice dated 8-6-86 given for compulsory retirement was illegal and not binding upon him. 3. The ......der VII rule 11 Cause of action Only the averments made in the plaints are to be considered to come to a finding as to whether those disclose a cause of action and while deciding an application for rejection of the plaint the court must not travel beyond the averments made in the plaint.........Category: Civil Law | Date: | Hits: 105
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
.... The Administrative Tribunals Act, 1980 (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 anted......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..Category: Administrative Law | Date: | Hits: 93
State Vs. Shahjahan, 2001, 30 CLC (AD)
....the Petitioner Not represented—The Respondent. Criminal Petition for Leave to Appeal No. 61 of 1915. (From the judgment and order dated 15-8-1994 passed by the High Court Division in Death Reference No. 1 of 1992 with Criminal Ap......ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ......Deputy Attorney General, instructed by Md. Saffadul Huq, Advocate-on Record—For the Petitioner Not represented—The Respondent. Criminal Petition for Leave to Appeal No. 61 of 1915. (From the judgment and order dated 15-8-19..Category: Criminal Law | Date: | Hits: 55
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
....vocate-on-Record-Respondent No. 1. Ex Parte—Respondent Nos. 2, 5, 6-17. Civil Appeal No. 27 of 1998. (From the judgment and order dated 28 July 1997 passed by the High Court Division in Civil Revision No. 1966 of 1991). &n...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ......ode of Civil Procedure, 1908 (V of 1908) Order XXII rule 9 The suit as a whole had not been abated on account of death of one of the appellants during pendency of the appeal before pronouncement of the judgment of the appeal. The suit being one for declaration of title the r..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....the Petitioner. Not Represented— The Respondents. Civil Petition for Leave to Appeal No. 52 of 1995. (From the judgment and order dated 24-6-1993 passed by the High Court Division in Writ Petition No. 90 of 1988). ......85 (LIV 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...... 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..Category: Property Law | Date: | Hits: 69
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....te-on-Record—For the Respondents (In Criminal Appeal Nos. 30-31 of 1999). Criminal Appeal Nos. 18, 19, 30 and 31 of 1991. (From the Judgment and order dated 9-10th December, 1998 passed by the High Court Division in Criminal Appeal Nos. 687, 694 and ......san. 4. The prosecution examined in all 10 witnesses to substantiate the charge. PW 1 is the informant, PWs 2 and 3 are the alleged victims. 5. As already noticed, the conviction and sentence passed by the trial Court was upheld by a Division Bench of th......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..Category: Criminal Law | Date: | Hits: 72
Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
....rd—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 638 of 1996. (From the judgment and order dated 27-8-1996 passed by the High Court Division in Civil Order No. 3504 of 1996). ...... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ......ority Act 1875 (IX of 1875), Section 3 The plaintiff-petitioner did not file the suit within three years of his attaining majority the suit being filed challenging the solenama forty-fifty years after it was made. So whether he was minor at the time of filing of the solenama ..Category: Property Law | Date: | Hits: 49
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
....sp; Not represented—Respondent Nos. 1, 4, 6-8, 11-24. Civil Petition for Leave to Appeal No.765 of 1998. (From the Judgment and order dated 27-5-1998 passed by the High Court Division in First Appeal No.33 of 1990). ......r submits that the petitioners not being party to the contract or privy of the contracting parties and having not purchased suit property from the vendors subsequent to the deed of agreement with a notice of the same the suit against them was not maintainable and trial Court acted illegally in p......; April 6, 2000. The Specific Relief Act, 1877 ( I of 1877), Section 22 In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to de..Category: Property Law | Date: | Hits: 64
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....inul Hosein, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 40 of 2000. (From the Judgment and order dated 9-8-2000 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 2741 of 2000). ......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..Category: Criminal Law | Date: | Hits: 68
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
.... instructed by Fokrul Islam, Advocate-on-Record — For the Respondent. Civil Petition for Leave to Appeal No.776 of 2000. (From the Judgment and order dated 31-5-2000 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.83 of 1998). ......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 ..Category: Administrative Law | Date: | Hits: 117
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sh;Respondent Nos. 4-5. Mahmudul Islam, Attorney-General—Amicus Curiae. Civil Appeal No.183 of 2000. (From the Judgment and order dated 9-3-2000 passed by the High Court Division in Writ Petition No. 1153 of 2000). ......) All England Law Reports 780. Lord Goddard, Chief Justice, applied the principle in delegatus non protest delegare, and held that where the War Agricultural Executive Committee is to serve a notice to the appellants and they delegated their powers to the executive officer, wherein it was ...... Mainur Reza Chowdhury J Jatiya Party............................ Appellant Vs. Election Commission for Bangladesh and others................... Respondents Judgment &nbs..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
.... Md. Nawab Ali, Advocate-on-Record—For the Added Respondent Nos. 3-6. Civil Appeal Nos. 25, 26 of 2000. (From the judgment and order dated 12-5-1999 passed by the High Court Division in Writ Petition No. 2040 of 1998). ......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......orporation to the higher posts is not a vested right as per rule 12(1) of the regulation. Requirement of Regulation 15 is to maintain separate list of seniority of different categories of personnel for promotion and respondents 1 and 2 are not entitled to be promoted on the basis of non-existent ..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....; Not represented — The Respondent. Civil Petition for Leave to Appeal No. 498 of 1996 (From the judgment and order dated 14-7-1996 passed by the Administrative Appellate Tribunal in Appeal No.01 of 1995) &nb...... The Jail Code, Rule 205 On the event of dismissal, removal or reduction in rank a person holding a civil post is entitled to a second show cause notice………………………(4) ......al instructed by Mvi Md Wahidullah, Advocate-on-Record For the Petitioners. Not represented — The Respondent. Civil Petition for Leave to Appeal No. 498 of 1996 (From the judgment and order dated 14-7-19..Category: Administrative Law | Date: | Hits: 137
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....h the cases). Civil Review Petition Nos. 16 and 17 of 1999. Judgment AM Mahmudur Rahman J.- This application for review of the judgment dated 14-2-1999 of this Division made in Civil Appeal Nos. 41 and 42 of 1995 is founded on the stat...... is not allowable unless they work for more than 48 hours a week. Accordingly the IRO Case Nos.59 and 63 of 1986 al were and liable to be dismissed and that the High Court Division failed to notice this aspect of the case and illegally affirmed the decision of the Labour Court and discharg...... For the Respondents (In both the cases). Civil Review Petition Nos. 16 and 17 of 1999. Judgment AM Mahmudur Rahman J.- This application for review of the judgment dated 14-2-1999 of this Division made in Civil Appeal Nos. 41 and 42 of..Category: Labour and Industrial Law | Date: | Hits: 128
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
....nd 4. Not Represented — Respondent Nos. 1 and 2. Civil Petition for Leave tot Appeal No.397 of 1999. (From the judgment and order dated 4-2-1999 passed by the High Court Division, Dhaka in Writ Petition No.7509 of 1997). &......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......te, instructed by Md. Nowab Ali, Advocate-on-Record — For the Respondent Nos. 3 and 4. Not Represented — Respondent Nos. 1 and 2. Civil Petition for Leave tot Appeal No.397 of 1999. (From the judgment and order dated 4-2-19..Category: Property Law | Date: | Hits: 47
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
.... Not represented — The Respondents. Civil Petition for Leave to Appeal No. 613 of 1996 (From the judgment and order dated 25-6-1996 passed by the High Court Division in Writ Petition No. 192 of 1991). &......imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ......ey General, instructed by Md Sajjadul Huq, Advocate-on- Record —For the Petitioner Not represented — The Respondents. Civil Petition for Leave to Appeal No. 613 of 1996 (From the judgment and order dated 2..Category: Property Law | Date: | Hits: 61
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
.... Judgment AM Mahmudur Rahman J.- These petitions for leave to appeal by the writ-petitioners of Writ Petition Nos. 2259 and 1787 of 1998 are from a common Judgment and order dated 7-7-99 made in the Writ Petition No. 1787 of 1998 and accordingly these petitions are dispos......o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ...... (In Civil Petition No. 1260 of 1999). Md. Amir Hossain, Advocate-on-Record — For the Respondents (In Civil Petition No. 1261 of 1999). Civil Petition for Leave to Appeal No. 1260 of 1999 with Civil Petition No. 1261 of 1999. Jud..Category: Election Law | Date: | Hits: 111
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....8209; Record‑ For the Appellants. Santi Ranjan Karmarkar, Advocate‑on‑Record ‑For the Respondent. Civil Appeal No. 10 of 1994 (From judgment and order dated 3rd November, 1993 passed by the High Court Division, Dhaka in First Appeal No. 802 of 1991).......ein are equally applicable in a proceeding under section 286 also. 11. Unaided by the Bar a decision. Bishakha Gupta vs. Bepin Behari PLD 1957 Dhaka 548, by a Division Bench has come to our notice which may be said to support the view of Mr. Pal. It was an appeal arising out of the judgme......t Appeal No. 802 of 1991). Judgment: ATM Afzal J: This appeal by leave by the two applicants for probate is from judgment and order dated 3.11.1993 passed by the High Court Division allowing f..Category: Property Law | Date: | Hits: 67
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