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Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....97 discharged the Rules. Against this judgment the petitioners filed Civil Petition for leave to appeal Nos. 18 and 19 of 1998 which were eventually disposed of on 28 November 1998. 2. In the meantime the lending Bank, upon the prayers of the petitioners, gave a proposal to the Bangladesh Bank f......been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....fund of the alleged extra duty under section 33 of the Act nor gave any explanation for non-filing of any appeal or application for refund on the face of the provisions for appeal or refund within time his writ petition was not maintainable………(36) Cases Referred......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)
....on of 26-10-1992 and met victim Alamgir Kabir there. Thereafter both of them went away and met appellant Billal. Miraj and Saiful Islam and all of them went to the shop of the informant after some time. Shortly thereafter they left for the residence of the informant and victim Alamgir Kabir. The......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)
....espect of Colleges affiliated to the University.” 6. Trial Court found that appointment of the plaintiff cannot be said to have been made illegally University having granted him time to improve his result upto 22-6-97 his removal from service before that date was not justified......ppearing in the Masters Examination in Economics for the year 1979 held in 1981 joined on 6-9-8 1 as lecturer in Economics in the Kalashkati Degree College on temporary basis on condition that his appointment would be confirmed after his passing the Masters Examination. Ultimately he passed the ..Category: Others | Date: | Hits: 84
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....r but we also want to see that the audit report is duly prepared and placed before this Court by Rahman, Rahman and Huq before discharging the Rule.” 3. At a subsequent point of time on 31-1-2000 on the prayer of the writ-petitioner another Division Bench presided over by Mr.......rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ..Category: Others | Date: | Hits: 88
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....registered sale deed on 26-3-62 to Abdul Gafur Mridha who was enjoying the property, According to the defendants, the plaintiff in collusion with the scribe inserted the term of reconveyance at the time of presentation of the deed for registration beyond knowledge of the said Abdul Gafur Mridha. ......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. ..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
.... 1999, no proposal for nomination of any director has been received by the Directors” and further stating that” there is no scope for putting up a candidate for the directorship at the time just before the meeting.” But the Chairman overruled the objection raised by the respond......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
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....sed an order on 14 October 1993 removing the appellant from service. He preferred a review application under the Regulations which was rejected by order dated 7 January 1994. 4. In the meantime clause (8) of regulation 42 which provided that if a proceeding is not concluded within 180 da......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ..Category: Employment/Service Law | Date: | Hits: 69
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....vil Procedure, 1908 (V of 1908), Order 11 rule 8 The provision of Order 11, rule 8 of the Code of Civil Procedure is directory in character and the court is yet possessed of powers to extend time in a proper case…………(6) Lawyers Involved: Fazl......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
Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
....vision were wrong in holding that the bank guarantee can not be treated as cash within the meaning of section 7(2) of the Artha Rin Adalat Act, 1990 and that as the High Court Division had extended time for depositing 50% decretal money the learned Judges of the High Court Division were wrong 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
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
....ispute in this case relates to a pond comprising 0.32 acre of land recorded in CS Plot No. 2495. It originally belonged to Govinda Chandra Datta and others who had left this country for India some time in 1920 making over its possession orally to one Lal Mia, who possessed the same for over 65 y......ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ..Category: Property Law | Date: | Hits: 59
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
.... 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. ......were appointed to the BCS (Police) Cadre with effect from 20 January 1991 and on satisfactory completion of the probationary period, they were confirmed in the BCS (Police) Cadre from the date of appointment. 3. Respondent Nos. 4-63 who were initially appointed as outside cadet Sub-Insp..Category: Constitutional Law | Date: | Hits: 151
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....discharged the Rules Nisi from which the petitioners have preferred these petitions for leave to appeal. 3. Mr. Abdul Wadud Bhuiyan, learned Counsel for the petitioners, submits that at the time when all the petitioners were dismissed from service the Government Servant (Discipline and Ap......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ..Category: Employment/Service Law | Date: | Hits: 70
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....-1997 when a Counsel for the Government stated that the learned Attorney-General had already written to the Government in respect of the reliefs sought for by the writ petitioners and prayed for some time for examination of the matter by the Government. The Division Bench adjourned the matter upto 2......rate provisions for them in Articles 115 and 116 of the Constitution. Judicial officers are not persons in service of the Republic for the purpose of Article 133 and hence the Rules regarding the appointment and conditions of service cannot be framed under Article 133. It will be totally unc..Category: Constitutional Law | Date: | Hits: 829
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
....o. 1 of 1999 for drawing up a contempt proceeding against the respondents. 2. In this petition, it has been stated Civil Appeal No. 130 of 1997 was heard for quite a considerable period of time and thereafter the case was fixed for delivery of judgment on 20-8-98. On that date the judgme......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....eeding in an Artha Rin Adalat. Order 9, rule 9 is an integral part of the Code. There is no specific bar to an application under Order 9, rule 9 in the cases under the Act. 5. At the same time, under sub-section (2) of section 6 of the Act it is provided that for setting a side an ex pa......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)
....) shall not be taken against him as the Managing Director of the said Bank. By the said order appellant was also directed to refrain from performing the functions of the Managing Director from the time of receipt of the order until further orders and allowed the Deputy Managing Director of the B......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)
....espondent AKM Abdullah contested 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......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)
.... 10. The appellant has alleged that notice was served upon her at about 11 O’clock on 24-3-98 and she could not take steps for representing herself in the High Court Division due to want of time. The appellant has further alleged that the impugned order was passed ex parte without giving ......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)
....to inform the police station. PWs 1 to 6 PW 7 and PW 8 could not go near the accused persons as they showed force and for this PW 3 and PW 8 came back after following the accused persons for some time. PW 4 hid himself in the sugar cane field when the accused persons left the place of occurren......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. ..Category: Criminal Law | Date: | Hits: 61
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