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....eby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ......nt
June 17, 2002.
Result:
The controversial part of the judgment of the High Court Division is expunged.
The Constitution of Bangladesh, 1972, Article 41
i) It is in no way desirable for the higher court, whose decision has binding effect on the courts subordinate to it, to embark o......eby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ......
Present:
Mahmudul Amin Chowdhury CJ
Mainur Reza Chowdhury J
Md. Ruhul Amin J
Md. Fazlul Karim J
K M Hasan J
Syed J R Mudassir Hussain J
Abu Sayeed Ahammed J
Islamic Law Research Centre and Legal Aid Bangladesh………………Petitioner
Vs.
Eva Sunanda Chowd..
Category: Family Law | Date: | Hits: 192
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......me after he has completed twenty-five years of service without assigning any reason.” There is a clear conflict between these two provisions so far as the retiring authority is concerned. In the former it is the Corporation and in the latter the Government. The Regulations is not only later but......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......without assigning any reason……(25) (ii) When Managing Director has power and authority to pass an order of retirement approval of the Board of Directors is not at all necessary……..(29) Lawyers Involved: Rokonuddin Mahmud, Senior Advocate (MA Tariq, Advocate with him), instructed by..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ......lip;….(7) (ii) The court is obviously to look in to the attending circumstances of each case and act to its own criteria as to the eligibility of a candidate for the Mutwalliship…..(8) Case Referred to- Altaf Miah vs Md Anwar ...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ...... Judgment November 15, 2000. The Waqfs Ordinance, 1962 (I of 1962), Section 51 (i) Muslim Law does not recognise any right of inheritance to the office of Mutwalli but the office may becom..Category: Trust/Waqf Law | Date: | Hits: 209
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ...... March 18, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Section 491 When an accused is on ad-interim bail for a limited period by the High Court Division, this Court has nothing to interfere…&hellip......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......d is on ad-interim bail for a limited period by the High Court Division, this Court has nothing to interfere……………………..(4) Lawyers Involved: Mahbubey Alam, Additional Attorney-General (M Farooq, Deputy..Category: Criminal Law | Date: | Hits: 66
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......and 160 Under section 3 of the Anti-corruption Act and also section 94 and 160 Cr. P. C. issuing notice by the bureau of Anti-Corruption asking the delinquent to appear before the specified officer of the bureau in connection with an enquiry is not illegal…&helli...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......nt to appear before the specified officer of the bureau in connection with an enquiry is not illegal………………….(10) Lawyers Involved: Syed Ziaul Karim, Advocate instructed by Md. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ...... The case diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor. In a proper case for its satisfaction a Court may themselves peruse the dairy but it cannot be made a public documen...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ......ublic Prosecutor. In a proper case for its satisfaction a Court may themselves peruse the dairy but it cannot be made a public document………..(7) Lawyers Involved: AF Hassan Ariff, Attorney-General, (Abdur Razzaque, Addi..Category: Criminal Law | Date: | Hits: 65
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......49) Section 24 Establishing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to have proved the case for having the relief sought by the first party in the proceeding conclusively or in other words fr......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......the relief sought by the first party in the proceeding conclusively or in other words free from alloy……………………..(9) Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Sharifuddin Chaklader Advo..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......sp; A plaint may be rejected under Order 7 Rule 11 of the Code of Civil Procedure merely on a plain reading of the plaint and nothing else. There is no hard and fast rule when an application for rejection of plaint is to be filed but ends of justice demands that it must be filed at the ea...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......d fast rule when an application for rejection of plaint is to be filed but ends of justice demands that it must be filed at the earliest opportunity……… (6) Lawyers Involved- Abdul Quayum Advocate, instructed by Md Aftab Hossain, Advoc..Category: Property Law | Date: | Hits: 49
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
.... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ......rd—For the Petitioners. Ozair Farooq, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record—For the Respondent Civil Petition for Leave to Appeal No. 1045 of 1999. (From the Judgment and order dated 13-5-...... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ......e garb of termination and as such without lawful authority. Cases Referred to- Bangladesh Bank and others vs. Md Abdul Malek, 46 DLR (AD) 1. Lawyers Involved: Aminul Haque, instructed by Md Nawab Ali, Advocate-on-Record..Category: Employment/Service Law | Date: | Hits: 75
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......p; Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General (Feroz Shah, Assistant Attorney-General with him instructed by Mvi Md Wahidullah, Advocate-on-Record for the Appellants Md. Aftab Hossain, Advocate-on-Record— For the Respon...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......officer and under regulation 858 (a)(2) a sub-inspector of police may be awarded the same punishment by a superintendent of police………………..(12) Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General (Feroz Shah, A..Category: Administrative Law | Date: | Hits: 116
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
...... judgment and order of the High Court Division dated 13th August, 1997 passed in Writ Petition No. 362 of 1997 making the Rule absolute.
2. Respondent Nos. 1 and 2 in both the appeals, filed the aforementioned writ petition seeking for Rule Nisi upon the respondents in the following term:
...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......n an exceptional case where a person may be called by the court to give his testimony as to matters which is not seriously contentious or dispute in kind or nature………………………(27)
Lawyers Involved:
A J Mohammad Ali, Additional Attorney-General, instructed by B Hossain, Advoca..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ...... The Evidence Act, 1872 (I of 1872), Section 115 Recital in the document of sufficiently older period can be considered as clear evidence of representation made therein as enquiry for establishing truth of the same is impossible………………&hel......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......be considered as clear evidence of representation made therein as enquiry for establishing truth of the same is impossible………………….(19) Lawyers Involved- Mahbubey Alam, Senior Advocate, instructed by Md Nawab ..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ...... April 7, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to form one transaction depen......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ...... Zaker Hossain vs. State, 29 DLR (AD) 250; State vs. Constable Lal Mia, 44 DLR (AD) 277; State vs. Azahar Gazi and ors, 23 DLR 32; Abdul Aziz vs. Sekender Ali, 50 DLR 111. Lawyers Involved: Khandoker Mahboob Hossain, Senior Advocate, instructed b..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......y Mvi. Md Wahidullah, Advocate-on-Record — For the Petitioners. Kazi S Ahmed, Advocate-on-Record — For the Respondents. Civil Petition for leave of Appeal No. 621 of 1996. Judgment &nbs......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. .......(5) Cases Referred to- Fatema Begum vs. Bangladesh 42 DLR 342; Bangladesh vs. Amela Khatun and others 53 DLR (AD) 55. Lawyers Involved: Mahbubey Alam, Additional Attorney-General, instructed b..Category: Property Law | Date: | Hits: 46
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ......; August 8, 1999. The Bangladesh Civil Service Seniority Rules, 1983, Rule 3 The case filed before the Administrative Tribunal was not maintainable in law as necessary parties who were adverse...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ......trative Tribunal was not maintainable in law as necessary parties who were adversely affected by the order were not brought before the court in accordance with law.........(10) Lawyers Involved- SR Pal with AR Yousuf Senior Advocates instructed by Sh..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ...... Judgment: M Amin Choudhury CJ.- These two appeals are taken up for disposal as common question of facts and law are involved. 2. Both the wri......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......rcise such power……(10) Case Referred to- Government of Bangladesh and others vs. Mohammad Faruque 51 DLR (AD) 112. Lawyers Involved- Mahmudul Islam, Attorney-General instructed by Mrs. Sufia K..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......Record — For the Respondent. Civil Appeal No. 98 of 1998. Judgment Md. Fazlul Karim J.- This appeal by leave is at the instance of plaintiff-appellant who filed the suit for ejectment, arrear of rents and compensation stating, inter alia, that the defendant-respondent w......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......ion 106 Allowing more than one month’s notice to determine the tenancy has not contravened any of the provision of the Transfer of Property Act or the Premises Rent Control Ordinance. Lawyers Involved: Mustafa Niaz Muhammad, Advocate, instructed by Sharifuddin Chaklader Advo..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......of the State is seriously involved in the instant case, in our view the Chittagong Port Authority should place the papers relating to the bid of the petitioner along with other 3 responsive bidders before the decision making authority that would ultimately finalise the matter of procurement of the c......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......purpose, transparency of the decision making authority is a recognized matter to find the right balance between administrative discretion and interest of the aggrieved person……………..(14) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Md. Ataur Rahman Khan, Advoc..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ......ed: Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondent. Civil Petition for Leave to Appeal No. 586 of 1997. (From the Judgment and Order dated 2nd......dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ......instant suit because they have independent right to call in question the legality and propriety of the decree passed in Title Suit No. 16 of 1981 wherein they were not parties. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Pet..Category: Property Law | Date: | Hits: 63
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......li Khan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner Not represented—The Respondent. Criminal Petition for Leave to Appeal No.101 of 1998. (From the judgment and order dated 2...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......ife met with an unnatural death while in custody of the husband and also while in his house the husband is to explain under what circumstance the wife met with her death. Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by Md. Nawab ..Category: Criminal Law | Date: | Hits: 52
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