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Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)
....p;…...Respondent Judgment March 24, 1998. The Constitution of Bangladesh, 1972, Article 103(1) Since the respondent-petitioner has wide avenues open for both hearing of the Rule Nisi and the injunction matter in the High Court Division itself the Court is not inclined to......es open for both hearing of the Rule Nisi and the injunction matter in the High Court Division itself the Court is not inclined to interfere with the matter……….(5) Lawyers Involved: KS Nabi, Attorney-General (Abdul Wadud Bhuiyan, Additional Attorney-Gener..Category: Employment/Service Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
.... for leave to appeal by the defendant Nos. 4, 5 and 8 of Writ Petition No. 21 of 1997 is from the judgment and order dated 10-7-97 passed by the Division Bench of the High Court Division making the Rule Nisi in the said writ petition absolute. 2. Respondent No.1 Headmaster-cum Principal ......g Chairman of the Board to dissolve the Governing Body of the Institution and form an ad hoc Committee for three months…………………(14) Lawyers Involved: Khandaker Mahabubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate wi..Category: Constitutional Law | Date: | Hits: 155
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......ot come into operation……(13) Cases Referred to- Md. Ibrahim vs. Md. Alauddin, 27 DLR 413; Ranjit Kumar Ranjit vs. Sudhir Kumar Chowdhury, 38 DLR 39. Lawyers Involved: Md. Nurul Hoq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate..Category: Property Law | Date: | Hits: 65
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
....d 597 of 1996. Civil Petition No. 571 of 1996 arises from the judgment and order dated 28-8-96 passed by a Single Judge of the High Court Division in Civil Revision No. 645 of 1996 discharging the Rule, thereby affirming the judgment and order dated 9-3-96 passed by the Assistant Judge, Shahzadp......tion 151 of the C.P.C , the trial court having restored the case on the ground of filing the petition for restoration on the date of dismissal of this suit. …..(6) Lawyers Involved: Sultan Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Reco..Category: Procedural Law | Date: | Hits: 118
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ......interest was made by the respondent before the court, granting of such interest on the award on appeal is not permissible. ………………..(6 & 7) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record— For the Petitioner. Shaf..Category: Alternative Dispute Resolution | Date: | Hits: 249
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
....ion for leave to appeal by the respondent-petitioners is from the judgment and order dated 16-6-96 passed by a Division Bench of the High Court Division in Writ Petition No. 328 of 1993 making the Rule Nisi absolute. 2. The six petitioner-respondents are the married daughters of late Sye......n even though alternative remedy is available, the writ petitioners can come directly to the High Court Division for protection of their fundamental rights………..(4) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advo..Category: Property Law | Date: | Hits: 56
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
.... leave to appeal by the four accused-petitioners is against the judgment and order dated 2-7-97 passed by a Division Bench of the High Court Division in Criminal Revision No. 512 of 1996 making the Rule absolute, arising out of an order dated 8-7-98 passed by Sessions Judge, Brahmanbaria in Crim......onsider it if proved. The investigating police officer has not been given any power to judge the defence plea of alibi……………………(4) Lawyers Involved: Jamiruddin Sircar, Senior Advocate, (Salma Masud Chowdhury, Advocate with..Category: Criminal Law | Date: | Hits: 66
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
.... Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioners is from the judgment and order dated 18-5-94 in Civil Revision No. 1203 of 1989, making the Rule absolute. 2. The plaintiffs filed Title Suit No. 101 of 1989 in the 3rd Court of Subo...... such period, it will be impossible for any surveyor to estimate what was the state of the machineries, tools, equipment and vehicle etc five years before the inspection…....(7) Lawyers Involved: Rafique-ul Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advoc..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
.... This appeal, following leave, by the Government-appellant is from the judgment and order passed by a Division Bench of the High Court Division on 15-7-93 in Writ Petition No.204 of 1989 making the Rule Nisi absolute and declaring thereby enlistment of the Buildings in question in the ‘Ka&r......on, when, admittedly, the writ petitioner was not in possession thereof. Such a decree is not within the contemplation of proviso (a) to section 5 of the Ordinance……(18) Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney— General, instructed by M..Category: Property Law | Date: | Hits: 48
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
....nbsp; Mohammad Abdur Rouf J.- This petition is from the judgment and order dated 304-97 passed by Division Bench of the High Court Division in Writ Petition No. 1871 of 1990 discharging the Rule. 2. The petitioner claiming himself as a lessee under the Bangladesh Fisheries Develo...... of the Government cannot be a lessee under the Government and that lessee can revoke the licence of the licensee at any time…………………(7) Lawyers Involved Abdul Wahab, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....e surprised to see the Member (Operations) Board of Investment (No. 4) among them) is from judgment and order dated 12 January 1994 passed by a Division Bench of the High Court Division making the Rule absolute in Writ Petition No. 3693 of 1992. 2. This case, we find, is a typical examp......eleasing the disputed machinery the National Board of Revenue shall implement the same and the respondent should get the benefit of SRO in question…………..(13) Lawyers Involved: AW Bhuiyan Additional Attorney-General, instructed by B Hossain, Advocate..Category: Business or Commercial Law | Date: | Hits: 112
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....ed—Respondent No. 1. Civil Petition for Leave to Appeal No. 174 of 1998. (From the judgment and order dated January 22, 1998 passed by the High Court Division, Dhaka in Civil Rule No. 282(f) of 1997 Contempt). Judgment ATM Afzal C......ee can not be stayed after disposal of the appeal on the plea of pending contempt proceedings connected with the parties and the property in dispute………….(5) Lawyers Involved: Moksudur Rahman, Senior Advocate, instructed by SH Siddique, Advocate-on-..Category: Others | Date: | Hits: 74
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....6 the aforesaid order of dismissal from service and the decision said to have been taken by the Board rescinding its earlier decision and giving approval to the order of said dismissal and obtained a Rule Nisi. 2. Respondent No. 3, the present petitioner entered appearance and contested the writ......d to rescind the order which had been lawfully passed by them earlier disapproving the impugned order of dismissal of the writ petitioner and to substitute the same by the impugned order……(8) Lawyers Involved: AJ Mohammad Ali, Advocate, instructed by Sajjadul Huq, Advocate-on-Record — ..Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....rrender as the surrender was partial without the consent of the co sharer brother, defendant No. 2. The learned Subordinate Judge further found that the certificate proceeding was conducted as per Rules and plaintiff auction purchased on 10-8-62 and went into possession. The lower appellate Cour......he suit for permanent injunction. The learned single judge was not correct in holding that there was no continuing threat to file the suit………(9) Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record — For the Appellants. ..Category: Property Law | Date: | Hits: 52
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... 2-5-95 Deputy Registrar 7. The Chief Justice ordered for placing the file before the appropriate Bench of the High Court Division for consideration of the matter and a Rule for contempt was ultimately issued on 8 April, 1997 against the appellant for “objection......n was set aside by censuring him for his objectionable remarks against the judicial officers of Kurigram and warned to be careful in future…………(4 & 14). Lawyers Involved: Khandkar Mahbubuddin Ahmed, Senior Advocate, (AKM Mujibur Rahman, Advocat..Category: Criminal Law | Date: | Hits: 70
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
.... ATM Afzal CJ.- This appeal, by leave, is from a majority decision of the High Court Division in Writ Petition No. 147 of 1991 discharging the Rule Nisi. 2. Hussain Mohammad Ershad, former President of Bangladesh, a......383; Baqi Baluch vs. Pakistan, 20 DLR (SC) 249; Government of West Pakistan vs. Begum Agha Shorish Kashmiri, 21 DLR (SC) 1; Sajeda Parvin vs. Bangladesh, 40 DLR (AD) 178. Lawyers Involved: Rafique-ul-Hoque, Senior Advocate, (Kazi Shahadat Hoss..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....nbsp; Mahmudul Amin Choudhury J.- This Civil Appeal by leave is against judgment and order dated 3-3- 1999 passed by the High Court Division in Writ petition No. 7756 of 1997 making the Rule absolute. 2. Respondent as Writ Petitioner filed aforesaid writ petition stating that......erty is not capable of being delivered physically, acceptance may be shown by mutation of name in the official record, municipal papers or with the Revenue authority……(8) Lawyers Involved: Mahmudul Islam, Attorney General, instructed by Md. Sajjadul Huq, Advoca..Category: Property Law | Date: | Hits: 64
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....al assessment of compensation in respect of 74 decimals of land was made and the land did not vest in the requiring body, RAJUK. 3. Respondent No. 3-RAJUK, the Requiring Body, contested the Rules issued in the writ petitions stating that compensation was paid to the owners and the land wa......cision creates any legal or constitutional right in favour of a person claiming release of such land…………………………(5) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahfuzur Rahman Advocate wit..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
.... respondent was a citizen of Bangladesh and that as the property in question remained under requisition, the same could not have vested in the Government as an abandoned property. Accordingly, the Rule Nisi was made absolute. 9. Aggrieved thereby, the Peoples Republic of Bangladesh and t......ellip;(13) Cases Referred To: Begum Lutfunnessa vs. Bangladesh, 42 DLR (AD) 86; Government of Bangladesh and another vs. Syed Chand Sultana and others, 51 DLR (AD) 24. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, ..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....fully in the Court of Chief Metropolitan Magistrate praying for unlocking the house but no order of search warrant and seizure was available on the record. 3. Respondents opposed the Rule by filing an affidavit-in-opposition denying the material allegations and stating, inter alia......feres with the right of a citizen to -be secured in his home against entry, search and seizure provided such acts are conducted and done in lawful manner………..(6) Lawyers Involved: Mahbubey Alam, Additional Attorney-General, instructed by Md. Sajja..Category: Constitutional Law | Date: | Hits: 170
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