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Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)

....or redemption of mortgage. 2. The plaint case is that, the plaintiff by a registered deed of mortgage dated 26-3-62 transferred the suit land to one Abdul Gafur Mridha,  predecessor-in-interest of the defendants for a consideration of Taka 1500.00 with a stipulation” that the m......ellip;………. Appellant Vs. Abdur Rafique Mridha and others………………….Respondents Judgment February 13, 2000. The State Acquisition & Tenancy Act, 1951 (XXVIII of 1951), Sections 95 & 95A The Code ..

Category: Property Law | Date: | Hits: 64

Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)

....e order passed in FAT No. 83 of 1999 summarily rejecting the Memorandum of Appeal. 2. The plaintiff-respondent bank filed Title Suit No. 32 of 1994 for realisation of Taka 16,74,548.01 with interest @ 20% per annum from the petitioners. The suit was decreed by the trial Court leading to ......ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ..

Category: Business or Commercial Law | Date: | Hits: 115

Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)

....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ...... Mahmudul Amin Choudhury J Abdul Hashem (Md) @ Bachchu Fakir and others…………….……………..Petitioners Vs. State…………….. Respondent Judgment    &nbs..

Category: Criminal Law | Date: | Hits: 64

Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)

....isi. In such a situation, it appeared to the Division Bench that neither the Government had acted in the meantime in accordance with the opinion of the learned Attorney-General nor the Government was interested in contesting the Rules Nisi. So the Division Bench heard only the several learned Advoca......on in Writ Petition No. 2424 of 1995). Judgment Mustafa Kamal CJ.- How far the Constitution of Bangladesh has actually secured the separation of the judiciary from the executive organs of the State and whether the Parliament and the executive have followed the constitutional path are the cru..

Category: Constitutional Law | Date: | Hits: 829

Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)

.... parte decree the defendant who is a loanee will have to deposit half the decretal amount or furnish bank guarantee therefor. 6. To my mind since the enactment is intended to safeguard the interest of a financial institution the legislature purposely committed to attach any condition pr......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

Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)

.... Judgment March 5, 2000. The Bangladesh Power Development Board (Employees) Service Rules, 1982, Rule 14 The Constitution of Bangladesh, 1972 Articles 27 & 29 For public interest and for effective maintenance of service discipline transfer order can be passed as provid...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ..

Category: Employment/Service Law | Date: | Hits: 90

Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)

.... Act, 1991. The Bank by its affidavit-in-opposition has taken the position that it formed the opinion that the continuation of the petitioner as Managing Director would be detrimental in the public interest, the banking company and the depositors. In view of the recommendation by the standing co......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

Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)

....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. ......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

Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)

....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......fa Kamal J Latifur Rahman J Md. Abdur Rouf J       Abdul Khaleque Master and others…………Accused Petitioners Vs. State…………..Respondent Judgment November 23, 1998. The C..

Category: Criminal Law | Date: | Hits: 61

Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)

....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......l Talukder (Md) ………………………Accused-Appellate              Vs. State……….…………..Respondent Judgment June..

Category: Criminal Law | Date: | Hits: 59

Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)

....t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Moslem Uddin (Md)…………………………Petitioner Vs. State and another……………...Respondent Judgment  ..

Category: Criminal Law | Date: | Hits: 59

Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)

....ts and in 1939 the suit was disposed of by a compromise decree in between the parties. Thereafter, the properties of Bhawal Raj Estate were sold to different persons including the predecessors- in-interest of the writ-petitioner-respondent. The SA record was finally published in the names of the.......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43.   ..

Category: Constitutional Law | Date: | Hits: 164

Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)

.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......s nothing to be done. Passing of the final decree in a partition Suit finally determines the rights of the co-sharers in the land. In a pre-emption proceeding under section 96 of the State Acquisition and Tenancy Act, the question of co-sharer ship in the tenancy is relevant, but i..

Category: Property Law | Date: | Hits: 57

Karnaphuli Paper Mills Workers Union Vs. Karnaphuli Paper Mills Ltd. Employees Union & another, 1998, 27 CLC (AD)

..... This includes the following terms: “6. A sum of Taka 10,000.00 (Taka ten thousand) only deposited as security money will remain with the Company during the tenure of contract and will bear no interest. 7. The security deposit will be refunded after successful completion of the contract a......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 36. ..

Category: Labour and Industrial Law | Date: | Hits: 163

Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)

....………….Petitioner Vs. Saju Bibi and others …………..Respondents Judgment July 29, 1998. Suit for Partition Common interest of the parties Whenever all the parties in the suit for partition have no common......rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ..

Category: Property Law | Date: | Hits: 51

Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)

.... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ..

Category: Property Law | Date: | Hits: 87

Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)

.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......Bikash Roy Choudhury J Mahmudur Rahman J Mahmudul Amin Choudhury J Mirza Abdul Hakim, son of Jamal Mondal and others……….. Appellants Vs State ……………………..Respondent Judgment ..

Category: Criminal Law | Date: | Hits: 92

Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)

.... may be— (a) paid to an affected person, or (b)utilised for repatriating of any stranded person in foreign country or for such other purposes the Government may deem appropriate in the public interest. (3)……………………. The show cause notice dated 9-2-94 may also be quoted h......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..

Category: Constitutional Law | Date: | Hits: 192

Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)

.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ......er of the Appellate Division and the Administrative Appellate Tribunal given in Atiqullah’s case which is not capable of being deviated from, modified, varied or set aside by any organ of the State, let alone the highest administrative authority of the Bangladesh Bank. It is his submission..

Category: Administrative Law | Date: | Hits: 159

Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)

.... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......p;Latifur Rahman J: In Anti-Terrorism Case No. 4 of 1994 before the Court of Sessions Judge and Anti-Terrorism Tribunal, Comilla, an application was filed by the Public Prosecutor on behalf of the State for withdrawal of the prosecution of 43 accused out of 62 accused. The said application was r..

Category: Criminal Law | Date: | Hits: 63