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Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....lip;……………..Respondents Judgment May 25, 1999. The Muslim Marriages and Divorce (Registration) Rules, 1975, Rule 10 The Muslim Marriages and Divorces (Registration) Act, 1974, Section 4 Prov......stion of effecting vested right of the petitioner does not arise……………(13) Cases Referred to- Mvi Md Khurshid Alam vs. Secretary, Ministry of Law, Justice and Ors., 50 DLR (AD) 82 and Kazi Md. Amirul Islam vs. Secretary, Ministry of Law, Jus..Category: Employment/Service Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....t the judgment and order dated July 25, 1995 of a learned Single Judge of the High Court Division passed in Civil Revision No. 410 of 1984 (Rangpur)/Civil Revision No. 7492 of 1991 (Dhaka) making the Rule absolute. 2. The plaintiff-respondents instituted Other Suit No. 62 of 1975 in the Court of......not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove the relationship of landlord and tenant……………………(10) Lawyers Involved: Mansur Habib, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Recor..Category: Tenancy Law | Date: | Hits: 62
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
.... the applicant for review. 2. The petitioner unsuccessfully challenged the order dated 4-6-1991 passed by the order of the President retiring him from his service in Bangladesh Navy under Rule 14 (5) of the Navy Rules 1961 and the order dated 7-7- 1991 rejecting his application for revi......an be found in the exercise of power by the President under article 134 of the constitution and as such there is no ground for review………………(8) Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advo..Category: Employment/Service Law | Date: | Hits: 89
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....trial Court by those dated 18-9-90. The defendants preferred Civil Revision No. 26 of 1991 and a learned Single Judge of the High Court Division by the Judgment and order dated 23-1-97 discharged the Rule from which the defendant petitioner has preferred this petition for leave to appeal. 4. Kaz...... not been proved. All the courts below in a row agreed with contention of the respondent, that being so, the Honorable Court did not find any ground to interfere………………………….(6) Lawyers Involved: Kazi Golam Mahboob, Advocate, instructed by Md. Aftab Hossain, Advocate-on-R..Category: Employment/Service Law | Date: | Hits: 98
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
.... Sarker………………... Respondent Judgment April 9, 1997. The Administrative Tribunals Act, 1981 (VII of 1981) Section 4(2) BSRS Part I, Rule 389 The Rules of Janata Bank only provide for certain benefits as are admissible to a ......s. Administrative Appellate Tribunal failed to notice that re-employment is not legally permissible under the Rules of the Bank. ………………….(10) Lawyers Involved: Dr. Ahmed Hussain, Senior Advocate, instructed by Md. Nawab Ali, Advocat..Category: Administrative Law | Date: | Hits: 148
.... are disposed of by a common judgment as they arise from Civil Revision Nos. 1619 and 1620 of 1995 disposed of by a common judgment on 5-5-97 by a Division Bench of the High Court Division making the Rule absolute, setting aside Order Nos. 46 and 47 dated 11-3-95 and 16-3-95 passed respectively by t......n confirmed the issuance of sale certificate in favour of the auction- purchaser cannot be withheld by parties not connected with the mortgage suit or with the mortgage execution case……..(6)
Lawyers Involved:
Md. Aftab Hossain, Advocate-on-Record — For the Petitioner (In Civil Petitio..
Category: Property Law | Date: | Hits: 85
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
.... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ......er 47, rule 1 of the Code of Civil Procedure. The court cannot sit over its own judgment on re-hearing of the same points already decided without any new materials……..(8) Lawyers Involved: Amir-ul-Islam, Senior Advocate, Supreme Court, instructed by Md Sajjadul ..Category: Property Law | Date: | Hits: 69
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
.... J.- This appeal by leave by the respondent-appellants is from the judgment and order dated 7-8-96 passed by a Division Bench of the High Court Division in Writ Petition No. 335 of 1995 making the Rule Nisi absolute and thereby declaring that the impugned Memo, dated 2-2-95’ (Annexure-G to......……………….(11) Cases Referred to- Bangladesh vs Shafiuddin Ahmed 50 DLR (AD) 27; Pakistan vs Sheikh Abdul Hamid 13 DLR (SC) 100. Lawyers Involved: AKM Shafiuddin, Deputy Attorney-General, instructed by Mvi. Md. Wahidull..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......a and others vs. State, 43 DLR 633; Sarfraz Khan vs. Crown, 1953 PLD (FC) 317 = 5 DLR (FC) 280; Enayetullah and another vs. State, PLD 1966 (Lahore) 8; State vs. Lalu Mia, 39 DLR (AD)117. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advo..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....and the petitioner was put into confinement on the night following 20th, May, 1996. The first and second Notifications followed thereafter. On 24-5-96 the President ordered a Court of Inquiry under Rule 157(2) of the Army Act. The petitioner was informed that he was required to be held in confine...... Chowdhury, decided on 23-10-97, Writ Petition No. 6762 of 1997; Col. Md. Hasmat Ali vs. Government of Bangladesh, 47 DLR (AD) 1; Bangladesh vs. AKM Zahangir Hussain, 34 DLR (AD) 173. Lawyers Involved: AR Yousuf, Senior Advocate, instructed by Shamsul Haque Siddique, Advoca..Category: Employment/Service Law | Date: | Hits: 77
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......he impugned judgment should be taken to be deleted lest it may create confusion in the mind of the subordinate Courts and the people at large……………(5) Lawyers Involved: MG Bhuiyan, Advocate-on-Record — For the Petitioner. Not rep..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....lant from taking over the management and administration of the plaintiff- respondent company and selling it under Article 34 of the BSRS Order, 1972 read with BSRS (Direct Sale of Mortgaged Property) Rules, 1981 till disposal of Money Suit No. 5 of 1994. 2. The short facts necessary for disposal......l prevail over general law……. Article 34 of the BSRS Order being special law for the special purpose, no relief under the ordinary law in the form of temporary injunction is available….(13) Lawyers Involved: AKM Nazrul Islam, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-R..Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
.... working hour will be overtime work and the manner of calculating overtime allowance for overtime work will be governed by section 9 of the Shops and Establishment Act, 1965 read with rule 4 of the Rules. Therefore there is no basis for the submission that there is no law guaranting or securing a......owance at double the rate of their wages in excess of 38 ½ hours and 44 ½ unless they work for more than 48 hours a week. …………..(19 & 23). Lawyers Involved: Khalilur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Rec..Category: Labour and Industrial Law | Date: | Hits: 134
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....on 526 read with section 561A Cr.P.C before the High Court Division praying for transfer of the case from the Court of Sessions Judge at Barisal to the Court of Sessions Judge at Dhaka whereupon a Rule was issued in Criminal Miscellaneous Case No. 935 of 1997. 3. The ground on which the ......he High Court Division with his application the state of circumstance concerning the case and the High Court Division had complete jurisdiction to exercise such discretion……(7) Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, A..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....ist of abandoned buildings published in the gazette notification under Ordinance No. LIV of 1985 and further directing restoration of the building to respondent Nos. 2 and 3. While discharging the Rule in the writ petition the High Court Division by the impugned order dated 20 April 1998 awarde...... In awarding heavy cost the court should give some reason otherwise it may appear to be an arbitrary or indiscreet exercise of jurisdiction……………..(3) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md Sajjadul Huq, Advoca..Category: Property Law | Date: | Hits: 64
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....hury J.- This appeal by way of leave arises out of the judgment and order dated 11 November 1991 passed by a Division Bench of the High Court Division in Writ Petition No. 498 of 1987 discharging the Rule. 2. A strip of land measuring 6 decimals comprised within plot Nos. 2260, 2261, 2262 and pa......rty has been validly acquired for a public purpose and vested the same in the requiring body and even if the property be utilised for different purpose, the acquisition shall not stand void. Lawyers Involved: Serajul Huq, Senior Advocate (Rafique-ul-Huq, Senior Advocate with him) instruc..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......hmudur Rahman 34 DLR (AD) 61; Imambandi Begum vs. Kumleshwari Pershad (1886) LR 13 IA 160; Ram Narain vs. Mohainmad Hadi (1898) LR 26 IA 38; Jaydayal Poddar vs. Bibi Hazra (1974) 2 SCR 90. Lawyers Involved: MA Wahab Miah, instructed by Md. Aftab Hossain, Advocate-on-Record- For t..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
....; Latifur Rahman J.- This petition is against the Judgment and order passed by a Division Bench of the High Court Division in Writ Petition No. 1474 of 1995 on 3-7-96 making the Rule absolute. The respondents of the writ petition have filed this leave petition against the Judg......y and capriciously to the prejudice of respondent no. 1 when the project was approved by another lawful Government agency at an earlier point of time…………(6) Lawyers Involved: B Hossain, Advocate-on-Record — For the Petitioner. Rafique..Category: Business or Commercial Law | Date: | Hits: 91
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....f which has been concurrently decreed by the Courts below. A Single Judge of the High Court Division refused to interfere with the said decree in revision being Civil Revision No. 1076 of 1990. The Rule has been discharged by the impugned judgment and order dated 14 March 1995 with a compensator......of Works, the defendant had no locus standi to challenge the plaintiff’s right in the suit property however defective it might be, is correct.…………(5) Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner. ..Category: Property Law | Date: | Hits: 69
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....dges had that rate of disposal, there would not have been any backlog in Courts. We have for our satisfaction checked up and found that on the aforesaid two dates the total number of motions in which Rule and bail were granted by the Bench concerned was (83+72) 155 and the number of persons released......marks in respect of constitutional functionaries which have been alleged to be contumacious …………………(13) Case Referred to- Andre Paul Vs. Attorney-General, AIR 1936 (PC) 141. Lawyers Involved: An application of Habibul Islam Bhuiyan, President, Supreme Court Bar Associat..Category: Others | Date: | Hits: 99
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