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Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)

....993 is the sole appellant in all the six appeals by leave from the common judgment and order dated the 5th and 19th August, 1993 passed by the High Court Division in those Writ Petitions making the Rules Nisi absolute in part and containing certain directions. 2. The common case of all the......sole appellant in all the six appeals by leave from the common judgment and order dated the 5th and 19th August, 1993 passed by the High Court Division in those Writ Petitions making the Rules Nisi absolute in part and containing certain directions. 2. The common case of all the writ peti..

Category: Constitutional Law | Date: | Hits: 161

Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)

....l CJ.- This appeal by the plaintiffs following leave is from judgment and order dated 6 March 1986 passed by a Single Judge of the High Court Divisions in Civil Revision No.420 of 1985 making the Rule absolute and holding the Title Suit No. 245 of 1985 of the 3rd Court of Subordinate Judge, Dha.......- This appeal by the plaintiffs following leave is from judgment and order dated 6 March 1986 passed by a Single Judge of the High Court Divisions in Civil Revision No.420 of 1985 making the Rule absolute and holding the Title Suit No. 245 of 1985 of the 3rd Court of Subordinate Judge, Dhaka ab..

Category: Property Law | Date: | Hits: 70

Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)

....the date as alleged by him. 6. Against the aforesaid order of the Subordinate Judge setting aside the ex parte decree respondent No.1 moved the High Court Division in revision and obtained a Rule in Civil Revision No. 166 of 1989 (Jessore), renumbered as Civil Revision No. 3778 of 1991 (Dh...... of 1989 (Jessore), renumbered as Civil Revision No. 3778 of 1991 (Dhaka). 7. A learned Single Judge of the High Court Division by the impugned judgment and order dated 3-7-1994 made the Rule absolute and setting aside the order passed by the learned Subordinate Judge set aside the exparte ..

Category: Procedural Law | Date: | Hits: 133

Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)

....4 passed by the Administrative Appellate Tribunal in Appeal No. 75 of 1991. The appellant while acting as a Director of Fire Service Civil Defence and Rescue Service was placed on suspension under Rule 11(I) of the Government Servants (Discipline and Appeal) Rules, 1985 herein after referred to ......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ..

Category: Administrative Law | Date: | Hits: 138

Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)

....l was allowed and the suit was decreed. Against the aforesaid judgment and decree the defendant preferred Civil Revision No. 989 of 1993. A learned Single Judge of the High Court Division made the Rule absolute after setting aside the appellate judgment and decree and dismissed the plaintiff&rsq...... allowed and the suit was decreed. Against the aforesaid judgment and decree the defendant preferred Civil Revision No. 989 of 1993. A learned Single Judge of the High Court Division made the Rule absolute after setting aside the appellate judgment and decree and dismissed the plaintiff’s ..

Category: Property Law | Date: | Hits: 63

ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)

....missioner (Revenue), Pabna is from the judgment and order dated 26.6.89 passed by a learned Single Bench of the High Court Division. Rangpur Bench in Civil Revision No.399 of 1984, discharging the Rule. 2. Md. Abdul Halim Miah obtained an ex parts decree on 12.8.59 in OC Suit No. 15 of 19......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ..

Category: Civil Law | Date: | Hits: 133

Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)

....fendant. The learned Judge further observed that the learned SCC Judge had herself made out a third case beyond the scope of the pleading and, as such, her judgment was liable to be set aside. The Rule was accordingly made absolute. 7. Leave was granted to consider the submission made on ......e further observed that the learned SCC Judge had herself made out a third case beyond the scope of the pleading and, as such, her judgment was liable to be set aside. The Rule was accordingly made absolute. 7. Leave was granted to consider the submission made on behalf of the plaintiff th..

Category: Property Law | Date: | Hits: 52

Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)

....epted the appellant’s paper as a valid one. 4. The polling was scheduled to be held on January 25, 1995, but on January 7, 1995 respondent No. 1 moved Writ Petition No. 47 of 1995 and obtained a Rule Nisi calling upon the appellant and others as respondents to show cause as to why the acceptanc......rpur and the said affidavit was annexed as Annexure-2 to the affidavit-in-position. 6. The learned Judges of the High Court Division by the impugned judgment and order dated 19-1-95 made the Rule absolute as already noticed. Thereafter operation of the impugned judgment and order was st..

Category: Election Law | Date: | Hits: 129

Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)

....l No. 224 of 1986, is against the judgment and order dated 29-5-1986 passed by a learned judge of the High Court Division, Circuit Bench, Chittagong in Civil Revision No. 50 of 1985 discharging the Rule and thereby upholding the judgment and order dated 26-1-1985 passed by the learned subordinat...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ..

Category: Property Law | Date: | Hits: 52

Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)

....the said agreement dated 2 1.8.94. 7. Against Order No. 10 dated 23.11.94 the defendants filed a revision, being Civil Revision No. 4002 of 1994, before the High Court Division and obtained Rule and stay of further proceeding of the suit. Thereafter the plaintiff filed an application for ......the Senior Assistant Judge, Dhaka. 8. At the final hearing of the Rule the learned Single Judge of the High Court Division rejected the plaint of title Suit No. 354 of 1994 and made the Rule absolute with cost of Taka 1,000.00 after holding, inter alia, that under the settled principle of ..

Category: Family Law | Date: | Hits: 162

AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)

.... occupied the government quarter without any allotment order and he was again and again asked to vacate but on his failure to do so proceedings under the Government Servants (Discipline and Appeal) Rules, 1976 was taken against him and after observing all formalities and giving him all opportuni......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ..

Category: Administrative Law | Date: | Hits: 122

Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)

....his appeal by leave by the plaintiff-appellant is from the revisional judgment and order dated 20-8-90 passed by a learned Single Judge of the Chittagong Sessions, High Court Division discharging the Rule in Civil Revision No.183 of 1984 and affirming the concurring judgment and decree of the 3rd Co......1-3 Begumjan relinquished her right of re-purchase and hence her right of redemption was extinguished. There occurred a change in the nature of possession of mortgagee-defendant Nos. 1-3. They became absolute owners. Hence the suit had to be filed within the statutory period of limitation of 12 year..

Category: Property Law | Date: | Hits: 63

Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)

....udgment and decree to the High Court Division, Civil Revision No. 7404 of 1991, which was heard by a learned Single Judge, and who by the impugned judgment and order dated 22 June 1994 discharged the Rule and thereby confirmed the decree. 7. It appears from the impugned judgment that the learned ......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..

Category: Tenancy Law | Date: | Hits: 82

Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)

....On appeal by the pre-emptor the Additional District Judge, Jhenidah dismissed the appeal. Thereafter the heirs of the original pre-emptor moved the High Court Division in revision and obtained the Rule above in the civil revision case and a learned Single Judge of the High Court Division by the ......s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ..

Category: Property Law | Date: | Hits: 56

Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)

.....- This petition by the accused-petitioner is from judgment and order dated 5 April, 1995 passed by a Division Bench of the High Court Division in Criminal Revision No. 717 of 1991 discharging the Rule obtained on an application under section 561A of the Code of Criminal Procedure for quashing o......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ..

Category: Criminal Law | Date: | Hits: 71

Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)

....Calcutta High Court framed rules under the powers conferred under section 246 of the Companies Act 1913 as amended by the Indian Companies (Amendment) Act (Act XXII of 1936). These rules are called Rules under the Companies Act, 1939. These rules had been adopted by the erstwhile Dhaka High Court...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ..

Category: Business or Commercial Law | Date: | Hits: 118

Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)

.... who is a College teacher, filed the aforesaid writ petition challenging the validity of the Teachers and Non-Teaching Staff of Nationalised Colleges (Directorate of Public Instruction) Absorption Rules, 1981 published in the Gazette by notification No. SRO 93-L/81 dated 25 March, 1981 (Annexu......tter of absorption of teachers in the nationalised Colleges as per the Rules of 1981 which called for suitable amendment. The direction given by the High Court Division was not something which was absolutely unrelated to the Rule issued in the writ petition, rather it will be seen that it follow..

Category: Constitutional Law | Date: | Hits: 174

Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)

....the plaintiff is directed against the judgment and order dated 15th July, 1987 passed by learned Single Judge of the High Court Division, Sessions Comilla in Civil Revision No. 201, 1984 making the Rule absolute thereby setting the judgment and decree dated 22-4-84 of the Additional District Jud......aintiff is directed against the judgment and order dated 15th July, 1987 passed by learned Single Judge of the High Court Division, Sessions Comilla in Civil Revision No. 201, 1984 making the Rule absolute thereby setting the judgment and decree dated 22-4-84 of the Additional District Judge, 2n..

Category: Property Law | Date: | Hits: 72

Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)

....d. Abdur Rouf J.- This appeal by the Managing Director of Rupali Bank defendant No. 1 by leave, is against the decision of the High Court Division, in Civil Revision No. 3663 of 1991, discharging the Rule on 27 January 1992, and upholding the judgment and decree passed by the District Judge, Noakhal......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ..

Category: Labour and Industrial Law | Date: | Hits: 152

Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)

....Tamtu Union Parishad held on February 3, 1992 against the judgment and order dated November 14, 1994 passed by a Single Judge of the High Court Division in Civil Revision No.3037 of 1993 making the Rule absolute, after setting aside the judgment and order dated October 31, 1993 passed by the Elec...... Union Parishad held on February 3, 1992 against the judgment and order dated November 14, 1994 passed by a Single Judge of the High Court Division in Civil Revision No.3037 of 1993 making the Rule absolute, after setting aside the judgment and order dated October 31, 1993 passed by the Election ..

Category: Others | Date: | Hits: 98